The Union Leader reported on Wednesday that a man charged in a July moped chase on Route 28 in Salem is urging a judge to throw his case out.

According to the report, Rafael Tejada, 27, of Lawrence, Mass. was allegedly fleeing from police who attempted to pull him over for not wearing protective eyewear. Tejada's public defendant said that the reason for the July stop was not justified, saying that a moped is not a motorcycle and that there is no law requiring moped drivers to wear eye glasses.

Police charged Tejada with numerous counts after the incident, including disobeying a police officer, resisting arrest, marijuana possession, reckless operation, misuse of plates, driving after suspension and violation of motorcycle rules.

The ch took place in the Cluff Clossing Road area, taking police through the Shaw's Plaza and Brook Village West Apartments.