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Old 05-03-2010, 02:26 PM
Nougat Nougat is offline
Motorized Bicycle Elite Member
Join Date: Nov 2009
Location: Montgomery, IL
Posts: 1,332
Default Re: Important Choices - Please Give Me Your Opinion

IANAL either, but I think your lawyer might be wrong.

If you want to pursue this, I would actually get a second opinion from the State's Attorney, as they'd be the ones dealing with the prosecution. Bring IL SB0236 with you, because it clearly states that apart from the speed restriction, a low speed gas or electric bicycle is to be treated in all other ways like a bicycle. You can legally ride a bicycle. You can also receive a DWI if you blow .08 riding a non-motorized bicycle. Address it as, "if I can legally ride a bicycle, doesn't that also apply to this kind of vehicle, which the law states is treated as a bicycle, and if not, on what grounds?"

This is probably a situation that hasn't come up very often in IL yet, since motorized bicycles just recently became officially legalized. If it were me, I would pursue it out of sheer curiosity.

In any event, since the law is new in IL, some cops are going to pull you over whether you're doing anything wrong or not. You'll have to explain yourself. Even if it is completely legal, I wouldn't be surprised if you ended up with a confiscated bike, flat feet, and another court date to sort everything out, where you'd win, but not even get a "sorry" from the legal system. By the time you got your bike back, you'd probably have your license back anyway (presuming this is a first time, 90 day suspension).
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