As promised to the motorized bicycle riders on this website, the case number for our win in Motor Vehicle was Somma Case Number 11-285467 versus DMV. I wanted to post it to the website, but the PDF size exceeds this websites allowed attachment. Any suggestions on how to post this? Here are some important details referenced by the Hearing Officer:
The hearing officer concluded that the vehicle operated was a gas engine assisted bicycle, as the word "solely" was removed from the CRS 42-1-102 (10) definition. By removing the word solely, the legislature has created a class of bicycle that could be propelled, in part, by something other than human power.
As (we) demonstrated that the vehicle was not self-propelled and must be set in motion by human power, the vehicle did not fit into the classification of a Motor Vehicle or Low Powered Scooter as those terms are defined in 42-2-102.
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Additionally, my son was charged by the police as being intoxicated and refused to provide a breathalyzer test or blood sample. We are positive he was not intoxicated. As noted by Department of Motor Vehicle, CRS 42-4-1301.1 for Expressed Consent was made specific to motor vehicles. (Any person who drives any motor vehicle upon the streets and highways and elsewhere throughout this state shall be deemed to have expressed such person's consent to the provisions of this section.) Therefore, the Colorado Express Consent requirement does NOT apply to bicycles.
So why are we still fighting this in court???? Oh, that's right. Because the officer "SAID" my son was intoxicated. Therefore it's his word against my son's. And no breathalyzer or blood test is needed. Therefore Jefferson County court can try to get you to take a Plea Bargain for a DWAI. Thanks, Scott Storey, for wasting the tax payers money. So we are still fighting this and refusing their idiot plea bargain. The vehicle was a BICYCLE. The reason for pulling him over by the over agressive hyper officers in Lakeside/Mountain View was because they knew my son didn't have a license and they were going to charge him with felony driving. Then, when he smelled like a beer (we had ONE beer with him about one hour earlier), they can claim he was intoxicated. They towed the bicycle. They arrested my son, who then had 3 epileptic seizures due to the stress. They claimed he refused a breathalyzer test due to faking seizures. Duh ...he's on anti-seizure medication. Keep an eye out for the lawsuit, Lakeside and Mountain View Police.
