Citation on the factory equipped foldable license plate holder
#151
Originally Posted by Ultra89Rider
Congratulation.
Just one question? What was the original reason given for the stop?
If it was originally for the plate, it was an illegal stop. He made the stop without Probable Cause.
I would go to his station and file a complaint of harassment. And put a bolt in the mount when riding.
This way you can remove the bolt when stopped. But if any cop tries to fold it, it will not fold.
Just one question? What was the original reason given for the stop?
If it was originally for the plate, it was an illegal stop. He made the stop without Probable Cause.
I would go to his station and file a complaint of harassment. And put a bolt in the mount when riding.
This way you can remove the bolt when stopped. But if any cop tries to fold it, it will not fold.
#152
Greetings,
I was enjoying my Sunday afternoon ride down here in Miami FL today. Next thing you know I saw blue and red lights flashing from my rear view mirrors. The cop approached my bike and started folding the license plate and rudely asked me "who installed this, this is illegal". I tried to explain it is standard factory equipment from HD but he didn't want to hear about it. He issued me a citation which requires me to show up in court. Has anyone experienced this? I am still stunned several hours later. I don't understand why the cop gave me a hard time over something so ridiculous and if it is indeed illegal how can HD sell tons of bikes with the same set up?
Do I stand a chance in court? Need some advise.
Thank you in advance.
2011 v rod muscle.
2012 Iron 883.
I was enjoying my Sunday afternoon ride down here in Miami FL today. Next thing you know I saw blue and red lights flashing from my rear view mirrors. The cop approached my bike and started folding the license plate and rudely asked me "who installed this, this is illegal". I tried to explain it is standard factory equipment from HD but he didn't want to hear about it. He issued me a citation which requires me to show up in court. Has anyone experienced this? I am still stunned several hours later. I don't understand why the cop gave me a hard time over something so ridiculous and if it is indeed illegal how can HD sell tons of bikes with the same set up?
Do I stand a chance in court? Need some advise.
Thank you in advance.
2011 v rod muscle.
2012 Iron 883.
#153
I can't quote a code. Don't even know it to be true, but I've heard this from official sources: A car is an extension of oneself. In other words, if you are in your car and someone punches your car, they are actually punching you, and it is assault. Maybe rules about a car are different than a bike since you are surrounded by your car? Maybe this isn't really a rule at all? It seems logical to me though that the officer shouldn't have touched his bike.
#154
I can't quote a code. Don't even know it to be true, but I've heard this from official sources: A car is an extension of oneself. In other words, if you are in your car and someone punches your car, they are actually punching you, and it is assault. Maybe rules about a car are different than a bike since you are surrounded by your car? Maybe this isn't really a rule at all? It seems logical to me though that the officer shouldn't have touched his bike.
An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another.
Just fyi.
It would seem to me that punching your car would be an extreme stretch of that definition. Vandalism maybe. The car on the other hand could be used by a person as a weapon and fall under Assault with a deadly weapon.
Like I said I was just stirring the crap. I already knew the answers as they relate to Cali. It is legal in furtherance of an investigation to physically touch it. You would have a hard time testifying by saying "Well, it looked like it was in violation. I never physically inspected or touched it to verify it." Some things just have to be done.
#155
I can't quote a code. Don't even know it to be true, but I've heard this from official sources: A car is an extension of oneself. In other words, if you are in your car and someone punches your car, they are actually punching you, and it is assault. Maybe rules about a car are different than a bike since you are surrounded by your car? Maybe this isn't really a rule at all? It seems logical to me though that the officer shouldn't have touched his bike.
Read about the Carroll Doctrine which is one of the major rulings by the USSC concerning vehicles.
#156
Oh well, my comments weren't intended for the OP anyway. Going back to sleep.
#157
I know from my time with SBSO.
#160
Actually Harley has changed the design of the plate. They now have a return spring, so they can not be folded....when you push it back it immediately springs back out! The first ones didn't have that....now they do. So, its obvious why the spring was added.
~Joe
~Joe