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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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