50 State MC Law Compliance...my understanding is..
#42
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$$ing contest, but it's easy to make a claim of random enforcement. Show me a real example of an officer writing a citation for a law that doesn't exist. Aint gonna happen.
#43
http://www.youtube.com/watch?v=zHd6m_cirrU
#44
I didn't miss your point at all. You are making a statement that is entirely false.
There are not "millions of laws on the books". If a cop wants to write you a ticket for reckless driving (or driving without due regard to safety of others) he must be able to articulate the circumstances in which he/she observed the violation or have statement from witnesses to support the charge. Writing a charge without any credible evidence opens the officer and agency open to charges of malicious prosecution, unlawful restraint and a host of civil actions.
I'm seriously not looking for a pi$$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.
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.
#45
I don't think so. In Florida a cop must witness the incident him/herself in order to cite you.
#46
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.
#49
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
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