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COA split on whether scooter is 'motor vehicle'

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The Indiana Court of Appeals was divided in a case involving a man who was convicted of driving a motor vehicle while his privileges were suspended, with one judge agreeing with the state that the defendant’s scooter qualified as a motor vehicle under statute.

Michael Lock was pulled over while driving his Yamaha Zuma. Lock drove past an Indiana State Trooper at 43 mph, and the trooper saw the scooter didn’t have a license plate. The trooper discovered Lock’s driving privileges were suspended and arrested him.

Lock argued that his scooter wasn’t a motor vehicle under Indiana Code 9-30-10-16, which is required to prove he committed Class D felony operating a vehicle while suspended. He said the Zuma is a motorized bicycle, which is exempt from the provisions of statutes regarding operation of a motor vehicle while privileges are suspended.

The majority didn’t hold that the Zuma is a motorized bicycle but did agree that the state didn’t prove it is a motor vehicle. The statutory definition of “motor vehicle” does not include a motorized bicycle for purposes of I.C. 9-30-10. A motorized bicycle is defined as having a maximum design speed of no more than 25 mph on a flat surface. The Indiana Legislature has not defined “maximum design speed,” nor did the state provide a definition at trial or on appeal, wrote Judge Melissa May.

“In the absence of any such guidance, we decline the State’s invitation to speculate that a vehicle capable of travelling 43 miles per hour necessarily must have a ‘maximum design speed’ over 25 miles per hour. We may not affirm a conviction based on mere speculation,” she wrote in Michael J. Lock v. State of Indiana, No. 35A04-1010-CR-641.

“If the law enforcement officer and the State, both responsible for enforcing a law, cannot determine whether a vehicle meets the statutory elements, it arguably may be impossible for a layperson to determine whether driving that vehicle comports with the law. Nevertheless, as the State did not prove the elements of the offense, we need not address vagueness,” she wrote in a footnote.

Judge John Baker dissented, finding it’s reasonable to infer that the Zuma has a maximum design speed of more than 25 mph. The trooper clocked Lock driving the scooter at 43 mph, and the statutes provide that if the vehicle is designed to go faster than 25 mph, it’s a “motor vehicle” for purposes of the charged offense. Judge Baker cited Annis v. State, 917 N.E.2d 722 (Ind. Ct. App. 2009), in which the defendant was driving a vehicle with a cylinder capacity in excess of that permitted under the motorized bicycle statute, and the defendant was driving it uphill at 41 mph.

The majority found the instant case distinguishable from Annis because that vehicle had a cylinder capacity larger than permitted by statute, so the vehicle wasn’t a motorized bicycle based on its cylinder capacity, regardless of its speed.
 

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

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  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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