It's a bicycle. It can be pedaled. The throttle only goes to 20 mph, just as if it was a Class 3 bike. Regardless of the looks, if you are riding along pedaling, you're going to look like you're riding a bike. If you're using the throttle, you will be within legal limits regardless.
The one thing I would be concerned about, is that it seems I've read that California ebikes have to have a sticker declaring what class the bike is. If you were pulled over and didn't have the Class 3 sticker, I suppose that might cause a problem. But as others have said, if you are riding responsibly and acting like a bicycle, why would you get pulled over in the first place? Are cops in Cali really scrutinizing ebikes that closely?
If you don't need 34mph for other reasons, I'd suggest a different bike.
I totally disagree. It's easy to be fixed on top speed, as so many (including the advertisers) are. The reality is that it goes no faster than you want it to. But with a bike with a high top end, you get significantly more acceleration from any speed -- very handy for traffic lights and getting out of tight situations -- and if you don't go that fast, you will have awesome battery performance.
As far as the 34+ mph top end, yeah. It can be done. There are videos of Tora doing it. But he is a trained Olympic athlete. I bet I couldn't get it over 30, on a level road, no tail wind.
Mr. Coffee's remarks are right on. If you cause an accident, that could be trouble.
Those Scramblers are flying out of Juiced Bikes' inventory, so if you decide to sell it, I wouldn't think it would be that difficult. Juiced Bikes has a no-questions-asked return period, one week IIRC, if you want to go that route.
I wish I could buy it from you. Looks like just the thing for riding the dirt and gravel roads in the national forest hereabouts.