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Lost a traffic court case this week

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  #11  
Old 02-23-2012 | 08:30 PM
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Mntsnow
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From: SLC, UT
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What a F'n nanny state and those who agree with the ticket are exactly what is dragging this country down the F'n crapper...

TO ALL THE KIDS WHO SURVIVED THE
1930's, 40's, 50's, 60's and 70's!

First, we survived being born to mothers
Who smoked and/or drank while they were
Pregnant.


They took aspirin, ate blue cheese dressing,
Tuna from a can and didn't get tested for diabetes.


Then after that trauma, we were put to sleep on our tummies in baby cribs covered with bright colored lead-base paints.


We had no childproof lids on medicine bottles,
Locks on doors or cabinets and when we rode
Our bikes, we had baseball caps not helmets on our heads.



As infants & children,
We would ride in cars with no car seats,
No booster seats, no seat belts, no air bags, bald tires and sometimes no brakes.


Riding in the back of a pick-up truck on a warm day
Was always a special treat.

We drank water
From the garden hose and not from a bottle.
We shared one soft drink with four friends,
From one bottle and no one actually died from this.

We ate cupcakes, white bread, real butter and bacon..
We drank Kool-Aid made with real white sugar.
And, we weren't overweight.
WHY?
Because we were
Always outside playing...that's why!

We would leave home in the morning and play all day,
As long as we were back when the
Streetlights came on.
No one was able
To reach us all day. And, we were O.K.

We would spend hours building our go-carts out of scraps
And then ride them down the hill, only to find out
We forgot the brakes. After running into the bushes
a few times, we learned to solve the problem.

We did not have Playstations, Nintendo's and X-boxes.
There were no video games, no 150 channels on cable,
No video movies or DVD's, no surround-sound or CD's,
No cell phones, No personal computers, no Internet and no chat rooms. WE HAD FRIENDS
And we went outside and found them!



We fell out of trees, got cut, broke bones and teeth
And there were no lawsuits from these accidents.

We ate worms and mud pies made from dirt,
And the worms did not live in us
Forever.

We were given BB guns for our 10th birthdays,
Made up games with sticks and tennis ***** and,
Although we were told it would happen,
We did not put out very many eyes.

We rode bikes or walked to a friend's house and
Knocked on the door or rang the bell, or just
Walked in and talked to them.

Little League had tryouts and not everyone made the team.
Those who didn't had to learn to deal
With disappointment.
Imagine that!!

These generations have produced some of the best
Risk-takers, problem solvers and inventors ever.

The past 50 years
Have been an explosion of innovation and new ideas.
We had freedom, failure, success and responsibility,
and we learned how to deal with it all.

If YOU are one of them?
CONGRATULATIONS!
You might want to share this with others
who have had the luck to grow up as kids, before the
lawyers and the government regulated so much of our lives
for our own good .

 

Last edited by Mntsnow; 02-23-2012 at 08:34 PM.
  #12  
Old 02-23-2012 | 08:31 PM
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serjayson
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Posts: 661
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From: Brooklyn
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Just because the law isn't clear doesn't mean you should do it. I wouldn't dare take my son on a ride just to dangerous not only for him for me too. My wife would kill me. Take it as a lesson learned.
 
  #13  
Old 02-23-2012 | 08:32 PM
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Frostbite
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From: North Dakota
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Fire off a letter to your state attorney general. Tell him what you told us, include pictures. May not help your case, but maybe they'll clarify the law. Don't cost much but a stamp.
 
  #14  
Old 02-23-2012 | 08:34 PM
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florida dyna
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From: Grand Island, FL
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I have a 5 year old also and would not put her on the back of my bike. She has asked to ride many times and I have told her not til she can reach the pegs. That is from the father side of me. The cop side of me would have probably stopped you IF I wasn't busy and with your father behind you in a vehicle I would have just had you put your son in the vehicle with your father and that would've been the end of it. As others have said the crash bars are not foot pegs however that law doesn't read clear and needs to be rewritten IMHO.
 
  #15  
Old 02-23-2012 | 08:37 PM
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inkognitonck
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Joined: Oct 2011
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From: New Jersey
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I would look into appealing this... Not sure what the cost would be, but I think you'd have a good basis for appeal if the judge admitted that you followed the law but decided against you anyway.

Good luck!
 
  #16  
Old 02-23-2012 | 08:41 PM
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PghCycle24
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Joined: Feb 2012
Posts: 1,124
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From: pittsburgh, pa
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Originally Posted by CruzN
I'm sorry but I have to side with the judge on this.
I know it's your son and you wanted to give him a ride. But 5 years old is to young to be on a motorcycle even with a parent.

Just my opinion and I'm not trying to open this up to debate of a parents rights.
But I wouldn't let my kids on the back of my bike till they where 13 ..
Gotta disagree with you there, at least in part. As general rule, no, 5 year olds should not be riding around on motorcycles. Can you take a small child for a ride on a motorcycle under controlled conditions safely? Yes. I am a motor officer, and I took my 7 year old nephew for a short ride on my Ultra. Never went over 20 mph, stayed in a quiet neighborhood, helmet, drove as careful as could be. He loved it! He will remember it always. I didn't endanger him, recklessly or otherwise. I'm afraid the OP got hosed here, by the CHP and then by the Judge. The CHP must never have heard of a LE concept called "discretion". Instead he opted for the LE concept called "being a *****". As another member pointed out, the Judge doesn't like motorcycles, and interpreted the law to his liking to the OP's detriment.
 
  #17  
Old 02-23-2012 | 08:43 PM
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monkeyboy22
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From: In front of the computer for now.
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My father said he would follow us in the truck for safety.

I'm not sure how that would have any effect on safety?
 
  #18  
Old 02-23-2012 | 09:02 PM
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Konfuzion
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From: Canyon Country
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I was riding ATV's when I was 5 and I am sure there are 5 year olds on motorcycles too.
 
  #19  
Old 02-23-2012 | 09:09 PM
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AnotherBlackSG
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From: PA
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Originally Posted by CruzN
I'm sorry but I have to side with the judge on this.
I know it's your son and you wanted to give him a ride. But 5 years old is to young to be on a motorcycle even with a parent.

Just my opinion and I'm not trying to open this up to debate of a parents rights.
But I wouldn't let my kids on the back of my bike till they where 13 ..



Originally Posted by PghCycle24
Gotta disagree with you there, at least in part. As general rule, no, 5 year olds should not be riding around on motorcycles. Can you take a small child for a ride on a motorcycle under controlled conditions safely? Yes. I am a motor officer, and I took my 7 year old nephew for a short ride on my Ultra. Never went over 20 mph, stayed in a quiet neighborhood, helmet, drove as careful as could be. He loved it! He will remember it always. I didn't endanger him, recklessly or otherwise. I'm afraid the OP got hosed here, by the CHP and then by the Judge. The CHP must never have heard of a LE concept called "discretion". Instead he opted for the LE concept called "being a *****". As another member pointed out, the Judge doesn't like motorcycles, and interpreted the law to his liking to the OP's detriment.
I'm w/CruzN and frankly, I have to wonder what kind of "motor officer" you are? You make every excuse in the world to justify your illegal actions. It's up to adults to protect and not put children in harms way. According to the law (not to mention the "common sense" factor), both you and OP didn't do that.
 
  #20  
Old 02-23-2012 | 09:12 PM
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chamokie
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From: Milton Mills NH
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This is one case where the element of doubt is strong enough that the case should have been placed on file. Your legislator's need to define the law with more clarity. No you cannot appeal a court decision in district court (at least in my state).
As a LEO, you should have been given a warning, the child could have ridden home with your dad. Then you would have had time to throughly check this law out.
Sorry it happened the way it did.
 


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