SimpleSimon
Active Member
machiasmort, do you understand the reach of the federal DOT and Commerce Dept regulations and definitions? They do NOT control state traffic codes - they basically resolve a turf fight between two federal depts over what constitutes the federal definition of a bicycle as opposed to a motor vehicle. Dept of Commerce won the fight, and gets to define what is a bicycle. That definition is NOT limiting on the states, it is limiting on what may be trafficed across state lines as a bicycle for purposes of sales.
I doubt that hot70cc has any remaining appeals rights at all. Without looking at the court record, I'd bet he entered into a plea bargain which dismissed all but the DUI charge, and agreed to the stipulated penalty. Almost always, a part of such agreements surrenders appeal rights.
The individual states may define a bicycle more (or less) restrictively than does federal regulation, and many do. Those definitions are quite legal and enforceable. Additionally, each state sets its own standards as to what constitutes DUI, and under what circumstances DUI may be charged - including charging a bicycle operator, a wheelchair bound person, or someone riding a skateboard behind a 1,000 cockroach team. It is utterly at state discretion.
I doubt that hot70cc has any remaining appeals rights at all. Without looking at the court record, I'd bet he entered into a plea bargain which dismissed all but the DUI charge, and agreed to the stipulated penalty. Almost always, a part of such agreements surrenders appeal rights.
The individual states may define a bicycle more (or less) restrictively than does federal regulation, and many do. Those definitions are quite legal and enforceable. Additionally, each state sets its own standards as to what constitutes DUI, and under what circumstances DUI may be charged - including charging a bicycle operator, a wheelchair bound person, or someone riding a skateboard behind a 1,000 cockroach team. It is utterly at state discretion.