Posted by duijim in on October 19, 2016
Mopeds are vehicles with propulsion powered pedals that contain seats or saddles for the use of the rider and no more than three wheels. Motorists who are charged with a DUI while operating a moped must understand that the license requirements for mopeds are unique in comparison to other vehicles.
These license requirements were highlighted in a recent case in Gwinnett County. A law enforcement officer watched a motor vehicle driver turn a tagless moped onto a road before swerving uncontrollably and nearly colliding with a curb. The officer proceeded to pull the driver over to the side of the road. Law enforcement reported a strong odor of alcohol emanating from the moped driver’s breath. A second law enforcement officer then arrived on the scene.
The moped driver eventually reported having consumed alcohol several hours earlier. Upon failing the vision part of a sobriety test, the driver claimed that he was too nervous to continue with other field sobriety evaluations and declined to take other tests or a breathalyzer. When law enforcement attempted to place the driver under arrest, the driver refused to put his hands behind his back which resulted in both officers wrestling the man to the ground.
When the moped driver continued to resist arrest, the second officer proceeded to taser the driver. After being evaluated by medical services, the moped driver was moved to the Gwinnett County jail. The driver was subsequently charged with driving under the influence, obstruction of a police officer, moped license requirements, and various other traffic violations.
This article raises some excellent points that motorists who operate mopeds in the state of Georgia should appreciate.
Moped License Requirements
This case involves a driver who did not have an adequate moped license. There are different licensing requirements for a moped based upon whether a motor vehicle based on whether the moped’s engine is above or below 50 cc.
- Mopeds Below Or Equal To 55 CC. Individuals need not obtain a license in order to operate a moped of this type but must meet several requirements. These requirements include: an individual must be at least 15 years old and carry a valid driver’s license or permit, wear a motorcycle helmet, obey the same traffic rules as other motor vehicle drivers on the road, and never drive on roadways where the minimum speed limit is greater than 35 miles per hour.
- Mopeds Above 50 CC. For mopeds in the state of Georgia with engine sizes above 50 cc, an individual must obtain a Class M license. Class M licenses require four elements: an individual must be at least 17 years old, an individual must score at least 15 out of 20 points on a knowledge exam, pass a road test, and pass a vision exam. As an alternative to the above requirements for obtaining your Class M license, individuals can also complete the Georgia Motorcycle Safety Program Basic Course.
The Assistance of a Talented Atlanta DUI Attorney
If you face any type of driving under the influence charge relating to the operation of a moped, consider retaining the experience of a seasoned Atlanta DUI attorney at Yeargan & Kert, LLC.