Legal Question in Traffic Law in Missouri

I was riding a 49cc scooter in a small town. Its classified as a motorized bicycle. I had my 3 year old daughter with me. She had a helmet on. I was pulled over and the officer told me what I was doing was illegal. I asked him why? After many excuses he could not tell me why. I contacted the MO highway patrol and they said there was no law pertaining what I was doing was illegal. I then talked to the chief of police and he said that it was a judgement call. Can the police make any kind of judgment call like this? Ive never heard of anything like this. I was not given a ticket. But was told that I would be arrested the if I did it again. But the police never have given me a written law that I was breaking. I would like to continue to ride with her if it is not illegal. Thanks

Asked on 7/09/13, 3:20 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Most laws pertaining to small motorized vehicles are found in municipal ordinances. You will need to read the ordinances for the town in which you plan to ride. However, there are areas of law that pertain to endangering a child. In that area, there is often judgment calls by officers, as to when to give a ticket or make an arrest. If there is not separate seating area for a passenger, such as with a ten speed bike, or most mopeds, then having a small child ride on a public road, could be grounds for a conviction or temporary removal of the child. Obviously, you cannot operate the vehicle, with a passenger, on a state or Interstate Highway, if it is not licensed. You might get ticketed even without the passenger. If the moped is licensed, and there is an extended seat for a passenger, you're probably okay to take her, expect where local ordinance prohibits.

Good luck

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Answered on 7/10/13, 7:49 am

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