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Old 11-01-2013, 03:47 PM   #136
Dilligaf0220
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Quote:
Originally Posted by CanadianX View Post
Is there a story online about this and do you know what the circumstances were and if the rider tried to fight it?
It was covered on GTAM years ago, plead down (along with 2/3's of Ontario's "stunt charges"). Still after the mandatory vehicle seizure he was still out $1k+.

Quote:
Originally Posted by JonU View Post
I got the chance to ask a police officer about this yesterday while getting my bike serviced. I was told that as long as you have both feet on the pegs (I.e. straddling the bike) that it is fine to stand while riding the bike. But if you side saddle or are otherwise "stunting" is were you run into trouble. This was an El Paso, TX officer, so YMMV.

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That's the problem with most of these "stunting" laws, too much officer "discretion", i.e. pulling anything out of their arse to make their quota.
There's one cop up here that laid over 300 "stunting" charges in a year, and was only investigated when it came to light that he had under the table deals with towing companies and used the proceeds to open a bar as his retirement package.
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Old 11-02-2013, 11:13 AM   #137
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Quote:
Originally Posted by Dilligaf0220 View Post
\
That's the problem with most of these "stunting" laws, too much officer "discretion",
Take away officer discretion and you take away the ability to give verbal warnings.
Look at what taking away judicial discretion for sentencing has done over the past 30 years; prisons that are full-to-bursting.
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Old 11-02-2013, 11:23 AM   #138
Bstrom06
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I do it all the time, both on my Strom and my WR. Of course I do not recall ever passing an officer while doing so, but I am not worried even if I were to.
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Old 11-05-2013, 05:51 PM   #139
InvertedB
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Originally Posted by mjfields_228 View Post
I am glad people are still following this one!

I have my court date this upcoming Tuesday (11/5).
I have spent less that 17 seconds conversing with my lawyer over the phone. Both he and the court are about 3 hours away. No idea what his plan is.

I asked him specifically; "What is your strategy on how you plan on presenting this?" His response; "Matt, we are going to deal with it when we get there."

WTF!!!!

I figure that since all of my best riding adventures so far were taking the unknown paths why not take this sketchy (court) path too!

I will be devastated emotionally if I lose and have to pay out $1154 plus court cost though. That is a lot of gas, tires and hotels for tripping.


More to come Tuesday afternoon. If I am not in some fucking pit of hell jail cell I will post up an update!!!
Any update on the court appearance? Alachua is just down the road and I ride through their often. Unfortunately, it doesn't surprise me one bit they could be that asinine about the law.
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Old 11-05-2013, 06:04 PM   #140
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Case dismissed!!!!

Greeting all,

Today was the day for my big hearing. Weather was shitty so I jumped in the truck and started my 175 mile (one-way) trip to Gainesville. On the way I passed a Sheriff's prisoner detail cleaning trash along side the road. They were all decked out in their Hamburgler outfits and looking very serious under the watchful eyes of "Boss" #1 and #2 and #3 holding their 12 gauge shotguns.

Was this a foreboding warning of how my day would turn out I wondered.....

I was sitting in the hall outside the courtroom waiting for my lawyer and happen to spy with my eye the Trooper that tagged me with this mess. He did not make eye contact with me--maybe he hates me. I don't hate him. He can't help the fact that his mother never let him ride motorcycles when he was a young boy, teenager and still to this day as a grown adult. They are very dangerous and one can never be too careful.

Inside the court room my case is called and myself, my lawyer and the Trooper all stand before the judge. At which time the Trooper states he is dismissing the citation and the judge then dismissed the case in its entirety.

I have no idea at all what my lawyer said to the Trooper prior to the hearing that compelled him to do this. But it worked.

Obviously, I wished that the matter of standing was discussed and then ruled to be acceptable in certain cases but that did not happen.

The judge did ask the Trooper if he had anything to add after he agreed to dismiss the citation (just prior to her dismissing the case) and he stated that he felt I did something wrong in the $154 range but not in the $1154 range.
She reminded him that the state statute does not give him that choice.
So the take away here is he does not agree with standing while riding and will, in my opinion, strike again if given the opportunity.

CASE CLOSED
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Old 11-05-2013, 08:32 PM   #141
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Quote:
Originally Posted by mjfields_228 View Post
Greeting all,

Today was the day for my big hearing. Weather was shitty so I jumped in the truck and started my 175 mile (one-way) trip to Gainesville. On the way I passed a Sheriff's prisoner detail cleaning trash along side the road. They were all decked out in their Hamburgler outfits and looking very serious under the watchful eyes of "Boss" #1 and #2 and #3 holding their 12 gauge shotguns.

Was this a foreboding warning of how my day would turn out I wondered.....

I was sitting in the hall outside the courtroom waiting for my lawyer and happen to spy with my eye the Trooper that tagged me with this mess. He did not make eye contact with me--maybe he hates me. I don't hate him. He can't help the fact that his mother never let him ride motorcycles when he was a young boy, teenager and still to this day as a grown adult. They are very dangerous and one can never be too careful.

Inside the court room my case is called and myself, my lawyer and the Trooper all stand before the judge. At which time the Trooper states he is dismissing the citation and the judge then dismissed the case in its entirety.

I have no idea at all what my lawyer said to the Trooper prior to the hearing that compelled him to do this. But it worked.

Obviously, I wished that the matter of standing was discussed and then ruled to be acceptable in certain cases but that did not happen.

The judge did ask the Trooper if he had anything to add after he agreed to dismiss the citation (just prior to her dismissing the case) and he stated that he felt I did something wrong in the $154 range but not in the $1154 range.
She reminded him that the state statute does not give him that choice.
So the take away here is he does not agree with standing while riding and will, in my opinion, strike again if given the opportunity.

CASE CLOSED
Congrats on a positive outcome at least!
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Old 11-05-2013, 08:41 PM   #142
Thanantos
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Quote:
Originally Posted by Dilligaf0220 View Post
It was covered on GTAM years ago, plead down (along with 2/3's of Ontario's "stunt charges"). Still after the mandatory vehicle seizure he was still out $1k+.



That's the problem with most of these "stunting" laws, too much officer "discretion", i.e. pulling anything out of their arse to make their quota.
There's one cop up here that laid over 300 "stunting" charges in a year, and was only investigated when it came to light that he had under the table deals with towing companies and used the proceeds to open a bar as his retirement package.
I READ SOME STUFF SOME GUY SAID ON THE INTERNET! IT MUST HAVE BEEN TRUE!

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Old 11-05-2013, 08:58 PM   #143
sarhog
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Originally Posted by mjfields_228 View Post
~and the judge then dismissed the case in its entirety.
Glad to hear that!
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Old 11-05-2013, 11:23 PM   #144
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Actually, I would take away something else - the cop made it clear to the judge that he thought the fine was ridiculous. I would consider writing to him, thanking him, and asking for him to write back with those exact words so you could use it to argue against the total fine.
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Old 11-05-2013, 11:23 PM   #145
Plaka
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Quote:
Originally Posted by mjfields_228 View Post
Greeting all,

Today was the day for my big hearing. Weather was shitty so I jumped in the truck and started my 175 mile (one-way) trip to Gainesville. On the way I passed a Sheriff's prisoner detail cleaning trash along side the road. They were all decked out in their Hamburgler outfits and looking very serious under the watchful eyes of "Boss" #1 and #2 and #3 holding their 12 gauge shotguns.

Was this a foreboding warning of how my day would turn out I wondered.....

I was sitting in the hall outside the courtroom waiting for my lawyer and happen to spy with my eye the Trooper that tagged me with this mess. He did not make eye contact with me--maybe he hates me. I don't hate him. He can't help the fact that his mother never let him ride motorcycles when he was a young boy, teenager and still to this day as a grown adult. They are very dangerous and one can never be too careful.

Inside the court room my case is called and myself, my lawyer and the Trooper all stand before the judge. At which time the Trooper states he is dismissing the citation and the judge then dismissed the case in its entirety.

I have no idea at all what my lawyer said to the Trooper prior to the hearing that compelled him to do this. But it worked.

Obviously, I wished that the matter of standing was discussed and then ruled to be acceptable in certain cases but that did not happen.

The judge did ask the Trooper if he had anything to add after he agreed to dismiss the citation (just prior to her dismissing the case) and he stated that he felt I did something wrong in the $154 range but not in the $1154 range.
She reminded him that the state statute does not give him that choice.
So the take away here is he does not agree with standing while riding and will, in my opinion, strike again if given the opportunity.

CASE CLOSED
He may have understood the statute and how to write it up, but not the penalties. So he may well strike again, but do a lecture, including descibing the penalties involved, rather than a citation.

Everybody knows you didn't exactly walk. You had to pay the lawyer.

Nothing to stop you from being an activist on the matter. Write your representatives, organize others. Get press on the issue whenever possible. etc. There is a problem in the stunting law and educating the people who made the law may get it fixed. But it will take a whole lot of letters to get it on their radar.
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Old 11-06-2013, 09:50 AM   #146
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Hey, glad to hear this worked out like it did. Sounds like the officer realized the ridiculousness of this, at least to the extent originally involved.

Stop stunting now, ok?














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Old 11-06-2013, 11:10 AM   #147
mjfields_228
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Quote:
Originally Posted by MotorCade View Post
Hey, glad to hear this worked out like it did. Sounds like the officer realized the ridiculousness of this, at least to the extent originally involved.

Stop stunting now, ok?














Just wait until you see my new Youtube video series I have in production right now. It is titled "GSA Hooliganism Mega Blast" I am having difficulty maintaining the 1/2 mile long power wheelies but with some more practice I think I will have nailed down soon! I also got my boot stuck inside one of my panniers when I was standing inside them while facing backwards doing 90mph. I tried to jump out and get turned around fast enough before the curve in the road and ended up crashing into guard rail. I will have that one worked out soon too
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Old 11-06-2013, 02:47 PM   #148
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The bizar and weird of a court room

I'm happy for you, being off the hook.

It still sucks for all the time, money and effort it took you, then get this as a result, more like a party pooper.
There is also a degree of unfairness in it.

Sugar the sour grape
a big one!
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Old 11-06-2013, 03:39 PM   #149
bogey78
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Sorry for all the trouble and expense you had to go through but CONGRATS on the outcome!
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Old 11-06-2013, 04:29 PM   #150
sixspeed
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Congrats!

Does Florida have a state-sponsored motorcycle safety program?

If so, I'd write them with a tactful explanation of your ordeal.

Our state's motorcycle operators manual (MSF-based) specifically mentions "rising slightly off the seat with your weight on the footpegs..." as an accepted practice for handling "uneven surfaces and obstacles".

States are looking for ways to cut down on motorcycle-related accidents. Reminding them that standing safely on the pegs is not "stunting" but a normal and accepted riding practice that can counter rider fatigue could get a qualification added to some future publication of the statute...


Quote:
Originally Posted by mjfields_228 View Post
Greeting all,

Today was the day for my big hearing. Weather was shitty so I jumped in the truck and started my 175 mile (one-way) trip to Gainesville. On the way I passed a Sheriff's prisoner detail cleaning trash along side the road. They were all decked out in their Hamburgler outfits and looking very serious under the watchful eyes of "Boss" #1 and #2 and #3 holding their 12 gauge shotguns.

Was this a foreboding warning of how my day would turn out I wondered.....

I was sitting in the hall outside the courtroom waiting for my lawyer and happen to spy with my eye the Trooper that tagged me with this mess. He did not make eye contact with me--maybe he hates me. I don't hate him. He can't help the fact that his mother never let him ride motorcycles when he was a young boy, teenager and still to this day as a grown adult. They are very dangerous and one can never be too careful.

Inside the court room my case is called and myself, my lawyer and the Trooper all stand before the judge. At which time the Trooper states he is dismissing the citation and the judge then dismissed the case in its entirety.

I have no idea at all what my lawyer said to the Trooper prior to the hearing that compelled him to do this. But it worked.

Obviously, I wished that the matter of standing was discussed and then ruled to be acceptable in certain cases but that did not happen.

The judge did ask the Trooper if he had anything to add after he agreed to dismiss the citation (just prior to her dismissing the case) and he stated that he felt I did something wrong in the $154 range but not in the $1154 range.
She reminded him that the state statute does not give him that choice.
So the take away here is he does not agree with standing while riding and will, in my opinion, strike again if given the opportunity.

CASE CLOSED
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