If you’re caught running your own little gas station by selling stolen diesel fuel out of the extra tank hidden on your pickup truck, the charges will be Unlawful Conveyance of Fuel; Obtaining Fuel Fraudulently, Florida Statute 316.80.
The first part of the law deals with transporting fuel in a dangerous manner by using improvised gas tanks, such as bladders or drums. This is a third-degree felony, which means you can face up to five years in prison and a $5,000 fine. You could also lose your driver’s license.
The second section of the law outlines penalties for fraud by paying for the gas by using a stolen or counterfeit credit card. It’s a second-degree felony, with up to 15 years in prison, along with probation and a $10,000 fine.
The penalties can also include the costs involved in towing and storing your vehicle along with the cost of safely removing and disposing of the fuel. It can run into a lot of money.
As with any case, a criminal defense attorney can make pretrial motions to have certain evidence suppressed (if the police violated procedure) and make motions to dismiss the case altogether if the prosecution has a weak case. If the case goes to court, your lawyer may present mitigating evidence, argue that your act was not intentional, or use other appropriate measures or tactics in your defense.
The Orlando Criminal Defense Lawyers at the Rivas Law Firm have successfully defended many charges of Unlawful Conveyance of Fuel in Florida. In some cases, we were able to get credit card fraud charges dismissed.
Call 407-349-4211 to speak with a skilled and aggressive Orlando Criminal Defense Attorney at Rivas Law.