Norco John
New Member
Court: Moped not a motor vehicle under Ind. law
INDIANAPOLIS (AP) - The Indiana Court of Appeals has reversed a man's conviction for operating a motor vehicle while suspended, saying the state didn't prove the moped he was riding was a motor vehicle under state law.
Court documents say Michael Lock was arrested in Huntington County in June 2009 after a state trooper saw him driving a Yamaha Zuma at 43 mph.
Prosecutors argued the Zuma wasn't a moped because Indiana law says mopeds must have a "maximum design speed" of 25 mph.
The appellate court said Tuesday that whether it was a moped or not, the state hadn't proved the Zuma fit the legal definition of a motor vehicle.
For information, the Zuma is a scooter. In Indiana, anything less that 100CC is popularly called a "moped".
INDIANAPOLIS (AP) - The Indiana Court of Appeals has reversed a man's conviction for operating a motor vehicle while suspended, saying the state didn't prove the moped he was riding was a motor vehicle under state law.
Court documents say Michael Lock was arrested in Huntington County in June 2009 after a state trooper saw him driving a Yamaha Zuma at 43 mph.
Prosecutors argued the Zuma wasn't a moped because Indiana law says mopeds must have a "maximum design speed" of 25 mph.
The appellate court said Tuesday that whether it was a moped or not, the state hadn't proved the Zuma fit the legal definition of a motor vehicle.
For information, the Zuma is a scooter. In Indiana, anything less that 100CC is popularly called a "moped".
