Legal Question in DUI Law in Georgia

can I legally drive a scooter under 50 cc after getting my first dui in georgia when only a breatalizer was administerd ?


Asked on 9/19/10, 3:14 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Call your lawyer. It depends on the eaxct nature of your conviction, where you plan to be on the scooter, and also the terms of your probation order.

(The answer likely is no.)

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Answered on 9/24/10, 3:25 pm
Phillip M. Cook Cook Legal Services, LLC

I'm not sure what only having a breath test has to due with your DUI or your ability to drive a scooter. The answer is, it depends. It depends on the terms of your DUI sentence/plea. Here's what the Georgia DMV webpage says about mopeds in in general:

Mopeds

A moped is any motor driven cycle with an engine not exceeding 50 cubic centimeters (3.05 cubic inches) that can propel the cycle at a speed not to exceed 30 miles per hour (MPH) and does not require clutching or shifting.

Mopeds are exempt from the provisions relating to the registration and licensing of motor vehicles.

Rules to operate mopeds on Georgia roads and highways:

1. Must be 15 years of age and have in their possession a valid driverís license, instructional permit or limited permit.

2. Must wear protective headgear (motorcycle helmet).

3. No tag is required.

4. Every person operating a moped upon a roadway must obey the same traffic laws governing drivers of motor vehicles.

5. May not use limited access highways or other roadways where the minimum speed limit is above 35 mph.

I strongly recommend consulting (paying!) a Georgia attorney to discuss the specifics of your case, review your criminal case file, and offer you specific guidance. I would not under any circumstance get on the road on a moped without first speaking with a Georgia attorney.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 9/24/10, 3:30 pm
Ralph Villani VILLANI LAW FIRM

Don't drink and drive and don't drive without consulting a DUI attorney in your area first!!!

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Answered on 9/27/10, 8:09 pm


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