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50 State MC Law Compliance...my understanding is..

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  #41  
Old 03-02-2010, 09:15 PM
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Originally Posted by ashmarc
You are absolutely correct. So, when your court date comes up 3 months after getting the citation...you gonna take off work and travel back 3 states to argue a $200.00 ticket?

Of course you're not.......LEO knows that......he won, you lose, pay the ticket.
It depends if it is a moving violation or not...if it affect my insurance rates!
 
  #42  
Old 03-02-2010, 10:53 PM
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Originally Posted by MidnitEvil
Any cop can write a ticket for anything he wants - that doesn't mean you're doing anything illegal or that he's right.
I didn't miss your point at all. You are making a statement that is entirely false.

There are not "millions of laws on the books". If a cop wants to write you a ticket for reckless driving (or driving without due regard to safety of others) he must be able to articulate the circumstances in which he/she observed the violation or have statement from witnesses to support the charge. Writing a charge without any credible evidence opens the officer and agency open to charges of malicious prosecution, unlawful restraint and a host of civil actions.

I'm seriously not looking for a pi$$ing contest, but it's easy to make a claim of random enforcement. Show me a real example of an officer writing a citation for a law that doesn't exist. Aint gonna happen.
 
  #43  
Old 03-02-2010, 11:10 PM
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Originally Posted by SBRob
So...what about cars and trucks? Some states don't have front plates, other states require front plates...same holds true for inspection stickers. Some states require 'em (motorcycles too) and some states don't.

I'm confused...
Because you represent freedom, man. Indidvidual freedom, man.

http://www.youtube.com/watch?v=zHd6m_cirrU
 
  #44  
Old 03-03-2010, 01:15 AM
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Originally Posted by ltdan
I didn't miss your point at all. You are making a statement that is entirely false.

There are not "millions of laws on the books". If a cop wants to write you a ticket for reckless driving (or driving without due regard to safety of others) he must be able to articulate the circumstances in which he/she observed the violation or have statement from witnesses to support the charge. Writing a charge without any credible evidence opens the officer and agency open to charges of malicious prosecution, unlawful restraint and a host of civil actions.

I'm seriously not looking for a pi$$ing contest, but it's easy to make a claim of random enforcement. Show me a real example of an officer writing a citation for a law that doesn't exist. Aint gonna happen.
I never said a cop would write anyone a ticket for a law that doesn't exist. I have no idea where you got that from. A cop can write you a ticket for violating any law on the books. Yes, he must be able to articulate the circumstances in which he/she observed the violation or have statement from witnesses to support the charge when he gets to court. If he can't, the ticket will likely be thrown out. None of that precludes him from writing the ticket in the first place. None of it means he saw things correctly, described what he saw correctly, or indicates you are actually guilty of doing what he claims you did.
 
  #45  
Old 03-03-2010, 01:44 AM
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Originally Posted by ltdan
If a cop wants to write you a ticket for reckless driving (or driving without due regard to safety of others) ...have statement from witnesses to support the charge..
So if someonfe doesn't like you they can give a statement to a cop and the cop can just take their word for it and give you a ticket?
I don't think so. In Florida a cop must witness the incident him/herself in order to cite you.
 
  #46  
Old 03-03-2010, 06:47 AM
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Originally Posted by Thundermug
So if someonfe doesn't like you they can give a statement to a cop and the cop can just take their word for it and give you a ticket?
I don't think so. In Florida a cop must witness the incident him/herself in order to cite you.
Use the average accident as an example. The vast majority are not witnessed by an officer, but if fault can be determined, by physical evidence and/or witness statements the at fault party is cited.

In most states, an arrest for a misdemeanor must be on view. A person can be charged (not arrested) when the incident is not witnessed by the officer with some exceptions (in Ohio they include petty theft, assault, and criminal child enticement).

If someone claims you were speeding, you would not be cited for it as it cannot be proven. If they claim you did doughnuts in their yard and the yard is damaged, you have grass and mud in your wheel wells consistent with the yard and there are witnesses, you will be charged.
 
  #47  
Old 03-03-2010, 09:23 AM
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def of law ;freedom of pen ; have pen will travel. Lol
 
  #48  
Old 03-03-2010, 09:33 AM
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It's one thing to get a ticket for breaking a law, but abuse of power just makes the police look bad. I'm sure that never happens though.
 
  #49  
Old 03-03-2010, 09:52 AM
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Ok I have to put my 2 cents worth in here. If you look up any state law, it will say bla bla bla.... in this state. Your pipes or handlebars may be legal in your state but not in this state so the leo can write you up. The law in that state does not care about the laws in your home state. (argue with him and see how many more laws he can not write you up for)
Second the leo can write you up for whatever he wants and will. He can write you up for wearing a non dot helmet even if it has been stamped and approved just 2 seconds ago while in his presence. It is up to you to fight it in court. Take time off work, spend money to travel back to his state and maybe pay a lawyer. Maybe if you have a honest judge you can beat it. either way the leo wins because he cost you a few hundred bucks at minimum.
I am an ex trucker and have had many leos write me up for whatever they want. They know your not coming back to fight it. It will cost you double to fight it and still your word against his. Maybe the leo is having a bad day, maybe he hates bikers, whatever the reason, it is a roll of the dice every time you ride. jmho
 
  #50  
Old 03-03-2010, 09:55 AM
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^^^^

This is what I have been laboring to say........
 


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