Massachusetts DUI Attorney Blog

A Massachusetts 4th Offense OUI charge was brought against a man driving a moped. The North Attleboro police arrested Joseph Kelley after he was driving erratically on a public street according to the Sun Chronicle news account.

Since Kelley was charged with a 4th offense OUI, the Commonwealth requested that the judge hold Kelley without bail pending a dangerousness hearing. The court granted the Commonwealth's motion, resulting in Kelley's detention without bail unless he can successfully appeal the ruling of the district court.

Massachusetts OUI law defines a motor vehicle as:

all vehicles constructed and designed for propulsion by power other than muscular power including such vehicles when pulled or towed by another motor vehicle, except railroad and railway cars, vehicles operated by the system known as trolley motor or trackless trolley under chapter one hundred and sixty three or section ten of chapter five hundred and forty four of the acts of nineteen hundred and forty seven, vehicles running only upon rails or tracks, vehicles used for other purposes than the transportation of property and incapable of being driven at a speed exceeding twelve miles per hour and which are used exclusively for the building, repair and maintenance of highways or designed especially for use elsewhere than on the traveled part of ways, wheelchairs owned and operated by invalids and vehicles which are operated or guided by a person on foot; provided, however, that the exception for trackless trolleys provided herein shall not apply to sections seventeen, twenty one, twenty four, twenty four I, twenty five and twenty six. The definition of "Motor vehicles" shall not include motorized bicycles. In doubtful cases, the registrar may determine whether or not any particular vehicle is a motor vehicle as herein defined. If he determines that it should be so classified, he may require that it be registered under this chapter, but such determination shall not be admissible as evidence in any action at law arising out of the use or operation of such vehicle previous to such determination.

A person operating a motorized bicycle can be convicted of OUI in Massachusetts as Section 1B of Chapter 90 makes anyone driving a motorized bicycle subject to the same laws as all other vehicles.

The issue in determining whether a moped is a motor vehicle would center around the engine sizes of the bike and how fast it was capable of being driven. Assuming the Massachusetts DUI lawyer in this case does not have any defense on the public way element or under the influence element of the statute, the DUI lawyer is likely to formulate a defense based on the characteristics of the moped in an attempt to place it outside of the legal definition of a motor vehicle.