Citation for Motorized Bicycle Again
Answer: I own a geo zetta. An electric scooter that has pedals , is under 750 watts , tops out at 19.8 mph. It has headlights blinkers etc. It looks like a regular moped though. My license is suspended. I was riding my electric bicycle/scooter in the bike lane on the side of the highway like I was instructed by my local police department. I got pulled over a lot. So much even that I met with an officer from the traffic division of the Leesburg pd. He inspected it and agreed that it was an electric bicycle because it had pedals and was not.faster than.twenty on flat ground and under 750watts. And that I may operate it even though my license is suspended. Four months later I am arrested and charge with driving while license suspended with knowledge by the lake county sheriff’s office. The sheriff’s argument was that I may not operate an electric bicycle with a suspended license. However if it was not suspended I could operate it with out a license at all. That no license is required but it’s unlawful to drive.on a suspended license….when I.got to jail and went to first appearance I pleaded that I was riding an electric bicycle which Florida statute said no license was required. The states attorney said my geo zetta was not an electric bicycle but in fact a motor vehicle even though it’s has bicycle pedals. Then the judge said I could not operate an electric bicycle with a suspended license. Then I showed the paper work from the traffic officer from the Leesburg pd that I was told by law enforcement that I am ok to ride this. That they had even put out a memo to not pull me over anymore because it’s an electric bicycle not a motor vehicle which would require a tag license and registration. Rhwy still did not drop my charges The states attorney offers me a one day plea bargain to except the charges and get out of jail that day or wait in jail for my court date almost a month and two weeks. My scooter was impounded and I did sign the pleas bargain and except charges. Are the lake county sheriff’s office right. Am I breaking the law riding a 2013 geo zetta or should I sue the sheriff’s office.
Your question is beyond the scope of this site and requires legal advice, which we don’t provide. I recommend that you retain an attorney and use the information in the posts under the heading “motorized bicycles” to demonstrate whether your vehicle is a “bicycle” and not a motor vehicle.
If they are saying that your vehicle does not meet the statutory definition of “bicycle”, you need to have them state why not in writing.
If the judge is saying your vehicle is in fact a “motorized bicycle” that meets the “bicycle” definition, and that you still cannot ride it with a suspended license, you need to get the reason in writing.
Then I recommend filing a motion to dismiss the citation or appeal the decision to insure there is a written document that will require full consideration of the issue.