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. Lock’s license had been suspended.
Lock argued the Zuma wasn’t a motor vehicle under Indiana law, which excludes mopeds. 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.
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