People v. Lyon
310 Mich. App. 515
| Mich. Ct. App. | 2015Background
- Defendant, a disabled person, used a four-wheeled electric mobility scooter and was observed traveling on the paved curb lane of a public highway while weaving into traffic.
- Police stopped defendant, observed an open can of beer, and defendant failed field sobriety tests and admitted intoxication.
- District court bound defendant over on charges of OWI (third offense), MCL 257.625(1), (9)(c), and open container in a vehicle, MCL 257.624a.
- The circuit court dismissed the charges, concluding the scooter was not a “vehicle” under the Michigan Vehicle Code because it resembled an exempt electric personal assistive mobility device.
- The Court of Appeals reversed, holding the scooter qualified as a “vehicle” when used on a highway and that the MVC’s duties and prohibitions therefore applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the scooter is a “vehicle” under the MVC | MVC applies; device used on highway fits broad definition of “vehicle” | Scooter is an exempt device (electric personal assistive mobility device) or other non-vehicle category | The scooter was a “vehicle” when used on the highway; MVC applies |
| Whether statutory exemptions (EPAMD, low-speed vehicle, moped) remove MVC coverage | Even if scooter fits an exemption, operators on roadways are subject to traffic laws | Scooter qualifies as exempt category and thus not a “motor vehicle” | Exempt classifications do not shield operators from duties when device is used on a roadway; MVC traffic rules govern |
| Whether substitution for a wheelchair exempts defendant from prosecution | Disability and use as mobility aid removes or alters duties | Disability does not remove traffic-law obligations when device is operated on the traveled portion of the highway | Disability/mobility aid status does not exempt operator from OWI and open-container rules when on roadway |
| Whether the circuit court abused its discretion dismissing charges | N/A (Plaintiff sought reversal) | Circuit court erred as a matter of law in dismissing charges | Court of Appeals held circuit court abused its discretion and reversed |
Key Cases Cited
- People v Rogers, 438 Mich 602 (Supreme Court of Michigan) (device not normally a motor vehicle is a “vehicle” under MVC when used on a highway)
- People v Lewis, 302 Mich App 338 (Court of Appeals of Michigan) (abuse of discretion standard for circuit court dismissals)
- People v Zajaczkowski, 493 Mich 6 (Supreme Court of Michigan) (statutory interpretation is question of law reviewed de novo)
- McAuley v General Motors Corp, 457 Mich 513 (Supreme Court of Michigan) (apply statutory definitions where provided)
- People v Waterstone, 296 Mich App 121 (Court of Appeals of Michigan) (trial court abuses discretion when it makes an error of law)