May 21, 2012

Legislators: Make DUI a crime for moped drivers

A pair of South Carolina legislators say they want to close a loophole in the state’s DUI laws.

In a press conference in Spartanburg Tuesday, State Rep. Derham Cole (R-Spartanburg) and Rep. Eddie Tallon (R-Spartanburg) announced they would prefile a bill that allows moped drivers to be charged with driving under the influence. Under existing law, a moped doesn’t currently meet the state’s definition of a motor vehicle.

Cole said the existing law almost encourages drunken driving on mopeds.

It made no sense to me that someone who may have lost his or her license because of driving under the influence is now riding a moped and can’t be charged with it.

H.3163 would officially recognize mopeds as a “motor vehicle” under state law.

Tallon says the change is necessary.

When I learned of this loophole in the law, Derham and I began discussing it. I thought it was absolutely horrible that our law enforcement people could not get out and charge someone with driving under the influence when they’re driving a moped.

The state Department of Public Safety has recorded more than 1,300 wrecks involving mopeds over the past three years. However, it’s not clear how many of those accidents were due to alcohol.

Current DPS director Mark Keels says he supports the bill.

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