In recent months, our office has seen a significant uptick in arrests across Pinellas County involving people (often minors) operating what they believe to be electric bicycles (“ebikes”). What may seem like a harmless ride to school, work, or the beach is quickly turning into a criminal case, with young people facing charges such as:
- Driving on a Suspended License
- No Valid Driver’s License
- Operating an Unregistered Motor Vehicle
- Driving a Motorcycle Without the Proper Endorsement
For many families, these charges come as a shock. Parents often assume that because an ebike has an electric motor, their child isn’t required to carry a driver’s license or registration. Unfortunately, the law requires something different.
What Is an Electric Bicycle Under Florida Law?
Florida Statute §316.003(23) defines an “electric bicycle” as a bicycle or tricycle that:
- Has fully operable pedals,
- A seat or saddle for the rider,
- An electric motor of less than 750 watts, and
- Falls into one of the following classes:
Class 1: Pedal-assist only, with assistance cutting off at 20 mph.
Class 2: Throttle-operated (no pedaling required), but power cuts off at 20 mph.
Class 3: Pedal-assist only, with assistance cutting off at 28 mph.
When an ebike meets these requirements, it should be treated as a bicycle (not a motor vehicle) under Florida law. That means no driver’s license, registration, or motorcycle endorsement should be required.
Why Are Young Riders Being Charged?
Our firm wholeheartedly believes that these charges stem from parents misunderstanding the law, as opposed to a conscious indifference to what the law requires. In that regard, many of the parents that I have spoken with have told me that if they had known that the bikes required a license or registration, they would have never purchased the bike for the child. Nevertheless, given the number of calls that we have received lately, it is clear that members of law enforcement are targeting these cases for prosecution.
Possible Solutions in Court
If you or your child are facing these charges, there are defense strategies and options available. At the Law Office of Timothy Sullivan, we often pursue:
Statutory Defenses: Showing that the ebike clearly fits within Florida’s legal definition of an electric bicycle.
Negotiated Resolutions: Working with prosecutors to reduce a criminal charge to a civil traffic infraction, avoiding the blemish caused by a criminal conviction.
Protecting Your Record
For teens, college students, and adults alike, the long-term consequences of these charges can be severe. A criminal conviction, even for a misdemeanor, can impact job prospects, college applications, and driving privileges. Likewise, for non-citizens, it may create immigration consequences. That’s why it is so important to have experienced defense counsel who understands both the statute and the practical realities of Pinellas County courts.
Contact Us for a Free Consultation
If you or your child have been arrested or cited while riding an electric bicycle in St. Petersburg, Clearwater, or the surrounding areas of Pinellas County, call the best traffic defense attorneys at the Law Office of Timothy Sullivan today. We will review the case, explain the law, and fight for the best possible outcome. Our phone number is 727-855-3847.