People v. Grandadam

Illinois Appellate Court
Criminal Court
Traffic Laws
Citation
Case Number: 
2015 IL App (3d) 150111
Decision Date: 
Wednesday, December 2, 2015
District: 
3d Dist.
Division/County: 
LaSalle Co.
Holding: 
Affirmed in part and reversed in part.
Justice: 
O'BRIEN

Defendant was convicted, after bench trial, of driving while license revoked, operating an uninsured motor vehicle, no valid registration, and disobeying a traffic control device. Defendant had been riding a bicycle powered with a 3/4 hp motor; Defendant testified that one must pedal the bicycle up to 8-10 mph before activating the motor, and when pedaling in conjunction with the motor, it can travel 25-30 mph. State failed to prove beyond a reasonable doubt that the motorized bicycle was a motor vehicle under the Motor Vehicle Code; thus, first 3 convictions are reversed. Offense of disobeying a traffic control device applied to Defendant even if he was not operating a "motor vehicle".  Thus, that conviction is affirmed.(McDADE and WRIGHT, concurring.)