This month, two Upstate lawmakers pre-filed legislation that would allow police to file DUI charges for anyone driving a moped under the influence.
As it stands now, there is some confusion about whether moped drivers can be charged for DUI.
What's causing the confusion between authorities, prosecutors, lawmakers, courts and motorists, is the way the state laws are written. Mopeds are defined two different ways in the state code of laws and those two ways seem to conflict.
In one section of the code of laws, a motor vehicle is defines as anything that is self propelled - which would include mopeds. But in another section, a motor vehicle is defined as anything that is self-propelled, except mopeds, specifically excluding mopeds.
Horry and Georgetown County Solicitor Gregg Hembree told NewsChannel 15 that, while the language is conflicting, in his view of the state law, one cannot be charged with DUI for drinking and driving a moped.
It has been confusing for law enforcement as well, as officials say that some officers are under the impression they can give the tickets.
Meanwhile, an official with the State Department of Public Safety said that, according to a staff attorney, moped drivers are exempt from current DUI laws. But, a prosecutor with the City of Florence says that in his interpretation, one can be charged with DUI on a moped.
It's all this confusion that lawmakers hope to fix with the new legislation. State Representative Eddie Tallon, who co-sponsored the pre-filed bill, says lawmakers hope to cure the confusion and correct the language with the new legislation.
Your best bet, don't drink and drive anything - a car, a moped or anything else. Officials stress, this is not just to avoid any possible legal ramifications, but obviously for your own safety, as well as the safety of others.
