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Old 01-18-2007, 02:34 AM
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Join Date: Dec 2005
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driving under restraint on scooter


What is the name of your state? colorado
I was driving my scooter which is under 50cc which i was told by everyone i know and by a denver cop that you do not need a drivers liscense however i got pulled over in jefferson county leaving my friends house and got a driving under restraint ticket is there any way to beat this?
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Old 01-18-2007, 09:16 AM
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Location: MD, WV - formerly WA, UT, AL, MS and OR
Posts: 563
42-2-103. Motorized bicycles - driver's license required for operators.
Statute text

An operator of a motorized bicycle shall possess a valid driver's license or minor driver's license. No motorized bicycle shall be operated on any interstate system as described in section 43-2-101 (2), C.R.S., except where a bicycle may be operated on such interstate system, on any limited-access road of the state highway system as described in section 43-2-101 (1), C.R.S., or on any sidewalk, unless such operation is specifically designated. Motorized bicycles may be operated upon roadways, except as provided in this section, and in bicycle lanes included within such roadways.
History

Source: L. 94: Entire title amended with relocations, p. 2116, § 1, effective January 1, 1995. L. 2000: Entire section amended, p. 1349, § 15, effective July 1, 2001.
Annotations

Editor's note: This section was formerly numbered as 42-2-102.5 and the former section 42-2-103 was relocated to section 42-2-104.


(58) "Motor vehicle" means any self-propelled vehicle which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways, but the term does not include motorized bicycles as defined in paragraph (b) of subsection (59) of this section, wheelchairs as defined by subsection (113) of this section, or vehicles moved solely by human power. "Motor vehicle" includes a neighborhood electric vehicle operated pursuant to section 42-4-111 (1) (aa). For the purposes of the offenses described in sections 42-2-128, 42-4-1301, and 42-4-1401 for farm tractors and off-highway vehicles, as defined in section 33-14.5-101 (3), C.R.S., operated on streets and highways, "motor vehicle" includes a farm tractor or an off-highway vehicle which is not otherwise classified as a motor vehicle.

(59) (a) "Motorscooter" and "motorbicycle" mean every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term "farm tractor" as defined in this section and any motorized bicycle as defined in paragraph (b) of this subsection (59), which motor vehicle is powered by an engine of not to exceed six brake-horsepower.

(b) "Motorized bicycle" means a vehicle having two or three wheels, a cylinder capacity not exceeding 50 C.C., and an automatic transmission which produces a maximum design speed of not more than thirty miles per hour on a flat surface.
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“[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”

"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." Kent v. Dulles, 357 US 116, 125.
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