Kentucky

Moped a "motor vehicle" under DUI statute: ADAMS v. COMMONWEALTH (COA 8/22/2008)

By Michael Stevens

ADAMS v. COMMONWEALTH
CRIMINAL:  Moped considered motor vehicle for DUI purposes
2007-CA-002504
PUBLISHED: AFFIRMING
PANEL: VANMETER PRESIDING; WINE, LAMBERT CONCUR
MADISON COUNTY; JUDGE ADAMS
DATE RENDERED: 8/22/2008

VANMETER, J:  James Adams entered a conditional plea of guilty to charges of driving under the influence (fourth offense), and driving on a license suspended for DUI (second offense). The sole issue on appeal is whether the trial court erred in finding that the moped driven by Adams at the time of his arrest was a ?motor vehicle? under Kentucky Revised Statutes (KRS) 189A.010(1), which, inter alia, prohibits the operation of a motor vehicle while under the influence of alcohol. We affirm.

?Motor vehicle? is not defined in KRS Chapter 189A, which governs Driving Under the Influence. Since there is no specific statutory definition of ?motor vehicle? in KRS Chapter 189A, we are to ?construe that term in accordance with its common and approved usage.? Since a moped can carry a person or property and has a motor, it is a ?motor vehicle? in accordance with common and approved usage, and within the meaning of KRS 189A.010. Thus, the trial court did not err by finding that the moped driven by Adams at the time of his arrest was a ?motor vehicle? under KRS 189A.010(1).

Digested by Michael Stevens

Full post as published by Kentucky Cases on October 21, 2008 (boomark / email).