Annis v. State, 76A03-0908-CR-369
3rd Dist., 12-09-09, Ind.App.
Attorney: John Pinnow
Holding: For purposes of I.C. 9-30-10, a motor vehicle is a vehicle that is self-propelled but the definition does not include a motorized bicycle. I.C. 9-13-2-105(d). A motorized bicycle is defined as a vehicle with two or three wheels that is propelled by an internal combustion engine or a battery powered motor, and if powered by an internal combustion engine, has the following: 1) an engine rating of not more than two horsepower and a cylinder capacity not exceeding fifty cubit centimeters; 2) an automatic transmission; 3) a maximum design speed of not more than twenty-five miles per hour on a flat surface.
Here, on appeal of his conviction for operating a vehicle with a suspended license, Defendant argued that his scooter qualified as a motorized bicycle rather than a motorized vehicle. Officer observed Defendant traveling on his scooter at forty-one miles per hour uphill. Upon inspection, officer observed a displacement number of 149 CC stamped into the vehicle frame of the scooter near the model number and VIN. Based on this evidence, the scooter was a self-propelled vehicle that was capable of exceeding twenty-five miles per hour on an uphill surface, let alone a flat surface, and had a cylinder capacity greater than fifty cubic centimeters. Held, judgment affirmed.
