Lost a traffic court case this week
#261
10-14-2012 | 05:52 PM
Elite HDF Member
Joined: Nov 2006
Posts: 3,909
Likes: 6
From: Livingston, Texas
My son who was five years old at the time wanted to ride with me on the back of the Electraglide for a few blocks to my fathers house. It was his first time with me on the bike. My father said he would follow us in the truck for safety. Its perfectly legal for him to ride with me as long as he has a footrest which he did, the rear crash bar.
Not a block into the ride I get pulled over be a CHP motorcycle cop on the street. He tells me he pulled me over because my son is to young to be on the bike and his feet do not reach the factory floorboards. i was as polite to the officer as i could possibly be. My father was also witness to the officers conversation. I asked if there was a new age limit law I was not aware of. He said there's no age limit law. I told him I looked into it before the ride and I read all that's required is the passenger must have a footrest. He said my sons feet must reach the factory floorboard and gave me a ticket for VC27800
27800. It is unlawful for a driver of a motorcycle or a motorized bicycle to carry any other person thereon, except on a seat securely fastened to the machine at the rear of the driver and provided with footrests, or in a sidecar attached to a motorcycle and designed for the purpose of carrying a passenger. Every passenger on a motorcycle or a motorized bicycle shall keep his feet on the footrests while such vehicle is in motion.
In court the officer stated my sons feet were supported and agreed with the pictures i provided. To my surprise the Judge then chewed me out for 10 minutes how I should be charged for child endangerment.
When it was my turn to talk i explained there was no age limit. Immediately I was mocked by the judge saying a person could take a 2 year old on a motorcycle as long as his feet were supported. I said I checked the law before I left my house and thought I was legal. The judge said he would need some time to review the law but that he agreed with me that his feet were supported.
After pulling out the vehicle code book flipping pages and saying this doesn't make sense a couple of times out loud. He told me he was going to side with the officer to teach me a lesson about putting my child in a dangerous situation. Also even though the vehicle code doesn't state factory floorboards or pegs that hes going to assume that's what they meant Fine of $204 that he was not going to reduce.
I was in awe. A CHP officer I bumped into 20 minutes later who was present during the hearing told me 199 out of 200 officers wouldn't have giving me the ticket including him. He said that I did a good job proving the vehicle code was unclear and in his opinion the case should have sided with me but that the judge made it clear when he was chewing me out that he doesn't like motorcycles.
I give up!!
Not a block into the ride I get pulled over be a CHP motorcycle cop on the street. He tells me he pulled me over because my son is to young to be on the bike and his feet do not reach the factory floorboards. i was as polite to the officer as i could possibly be. My father was also witness to the officers conversation. I asked if there was a new age limit law I was not aware of. He said there's no age limit law. I told him I looked into it before the ride and I read all that's required is the passenger must have a footrest. He said my sons feet must reach the factory floorboard and gave me a ticket for VC27800
27800. It is unlawful for a driver of a motorcycle or a motorized bicycle to carry any other person thereon, except on a seat securely fastened to the machine at the rear of the driver and provided with footrests, or in a sidecar attached to a motorcycle and designed for the purpose of carrying a passenger. Every passenger on a motorcycle or a motorized bicycle shall keep his feet on the footrests while such vehicle is in motion.
In court the officer stated my sons feet were supported and agreed with the pictures i provided. To my surprise the Judge then chewed me out for 10 minutes how I should be charged for child endangerment.
When it was my turn to talk i explained there was no age limit. Immediately I was mocked by the judge saying a person could take a 2 year old on a motorcycle as long as his feet were supported. I said I checked the law before I left my house and thought I was legal. The judge said he would need some time to review the law but that he agreed with me that his feet were supported.
After pulling out the vehicle code book flipping pages and saying this doesn't make sense a couple of times out loud. He told me he was going to side with the officer to teach me a lesson about putting my child in a dangerous situation. Also even though the vehicle code doesn't state factory floorboards or pegs that hes going to assume that's what they meant Fine of $204 that he was not going to reduce.
I was in awe. A CHP officer I bumped into 20 minutes later who was present during the hearing told me 199 out of 200 officers wouldn't have giving me the ticket including him. He said that I did a good job proving the vehicle code was unclear and in his opinion the case should have sided with me but that the judge made it clear when he was chewing me out that he doesn't like motorcycles.
I give up!!
Do you UNDERSTAND this.
#262
10-14-2012 | 07:26 PM
Outstanding HDF Member
Joined: Aug 2010
Posts: 3,498
Likes: 128
You're going to get a lawyer for a traffic ticket? I'm making a wild guess you've never in your life done it. The lawyer will probably cost you as much as the ticket, and then if you lose, your out double the amount. Fine + Lawyers fees. They don't work for free you know.
#263
10-14-2012 | 07:32 PM
Elite HDF Member
Joined: Nov 2006
Posts: 3,909
Likes: 6
From: Livingston, Texas
It's the point of the. Matter
If you keep paying them
They will keep giving them
I'd rather pay a lawyer than a police officer and judge and have it ony record
Yes I'd hire a attorney
I want to cost the system money
If you keep paying them
They will keep giving them
I'd rather pay a lawyer than a police officer and judge and have it ony record
Yes I'd hire a attorney
I want to cost the system money
#264
10-14-2012 | 07:32 PM
Ultimate HDF Member
Joined: Aug 2012
Posts: 6,470
Likes: 4
From: on the road
You're going to get a lawyer for a traffic ticket? I'm making a wild guess you've never in your life done it. The lawyer will probably cost you as much as the ticket, and then if you lose, your out double the amount. Fine + Lawyers fees. They don't work for free you know.
Every ticket I get I fight-------------------just because of the laws surrounding the CDL.Another thing is lots of insurance companies are using lifetime drivers license history as well as credit worthiness to determine rates so no matter what you loose
#265
10-14-2012 | 07:47 PM
Advanced
Joined: Oct 2011
Posts: 81
Likes: 0
From: South Carolina
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.
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.
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.
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.
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.
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 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.
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.
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!
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.
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.
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.
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.
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!!
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.
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.
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 .
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 .
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