nys law states its not a motor vehicle if you are using it under muscle power well thats on how i interpret it, they wrote it vaguely for situations like this . as far as i can tell by reading the laws how the wrote them its just for ebikes you can get as drunk as you want and ride a segway...
there was another guy on the other side of the city last week he got one on a gas powered bike that was out of gas and he was peddling to. i find it a little ridiculous that cop are messing with people like this they are bicycles they weigh all of 50lb if that, its not like you can kill someone...
i know this topic has been around for a while but my friend just got a dwi on his e bike we are in rochester ny . its a very long sorry ill give you the jist of it .
he was over at my how had a a few to many so he unplugged his batteries and left pedaling his bike got couple hundred feet down...