The trial court errored in granting Defendant's motion to dismiss traffic citation charging him with driving a motor vehicle without a license based on conclusion that bicycle Defendant was operating was a “minibike” and did not require a driver's license to operate. The State has right to appeal dismissal of a traffic citation. Because Defendant's bicycle was powered by a gasoline engine and not an electric motor, it did not meet definition of “motorized bicycle” under section 316.003 and, because of that, defendant was required to have a driver's license. Read opinion below.
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