View Single Post
Old 08-20-2010, 12:02 PM   #49
Plaka
Banned
 
Joined: Jun 2010
Oddometer: 4,573
Quote:
Originally Posted by drdphi
I read the rest of the posts and I can't see any reason that it would be illegal to stand on the pegs if you're not being reckless. I, however, was just pulled over and issued a summons in VA for just that. I was on my way home from work (about a 10 min drive), it was a bit hot so I was standing up on my pegs to get some more airflow traveling about 45mph with very little traffic. I saw the police car but didn't think anything about it. Sure enough he pulled me over and cited me law section 82-1-6146.2-905 Riding Improperly in the Roadway. I still don't agree with this citation and I hope I have some recourse so if anyone is able to offer advice it would be much appreciated.
Go to court, tell it to the judge, have an MSF instructor to back you up. Unless the law is VERY specific about what "improper" is then it's one of those judgment calls on the part of the officer. If she/he is simply ignorant (and looking to get his quota) he could be acting reasonably enough. So you will have to demonstrate to the judge that that particular manueveer, at that speed, in those traffic and weather conditions, was NOT "improper". Testimony (or multiple depositions at least) from authoritative sources and experts (including maybe some motorcycle cops and instructors) will help your case.

Little things like the bit on the state driver exam (in the handbook you study) about standing up to ride over obstacles in the roadway might be cited. (have the handbook). Ditto books like "Proficient Motorcycling". Have the pages marked and relevant passages underlined.

When you show up in court have your experts and all your references with you ready for a "trial to the court". Then plead not guilty and mention you're are prepared to present your case immediately if desired. If there is a prosecutor involved (their may not be in some traffic cases) talk to them before hand and tell them what you got. They may be willing to drop it if they see an obvious lose.
Plaka is offline   Reply With Quote