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Old 10-29-2013, 07:21 PM   #121
mjfields_228
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My Fooking Case

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!!!
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Old 10-29-2013, 08:02 PM   #122
Plaka
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Quote:
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!!!
Don't like the sound of that lawyer---either he has no clue or plans on cutting a plea deal with the DA in the hall before court = u get screwed. He cuts the deal, tells you it's your "best option", collects his fee. Ka-ching.

Get a second opinion and consider firing the guy you have.

You can tell the judge you have been poorly advised legally, your lawyer refused to communicate with your before the court date (he has) and ask for a continuance to seek other counsel. You can also file a complaint with the legal board about the lawyer. Not discussing your case with you before court is a no-no. BTDT got screwed. You can appeal how the court handles things, but not easy to do so with how your lawyer handles things.
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Old 10-30-2013, 12:44 PM   #123
ragtoplvr
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I am betting the legal board does nothing unless they have lots of complaints.

You should get a continuance. The judge will ask you lawyer if he talked to you. Do not surprised if he lies.

I was young and dumb once, and had young and dumb friends. The legal aid lawyer at our university was top notch, case dismissed. The other guy, eventually years later went to jail over some business venture.

Rod
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Old 10-30-2013, 07:10 PM   #124
MAXVERT
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The Idaho motorcycle hand book ( the one they give you to learn the
laws pertinent to the motorcycle test) , show that the appropriate
time to stand while on your motorcycle is when encountering a obstacle
in the road such as a animal, debris or other obstruction.

don't know about you state but I'd copy the appropriate section from the Idaho (like America once was) motorcycle hand book and say I was avoiding an obstacle.

Fuck that cunt LEO, revenuer !!

A mans got to be free to ride as he sees fit.

Max
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Old 10-31-2013, 06:26 AM   #125
bogey78
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I was glad to get rid of the cruiser and get the Bandit so I could once again stand up while going over railroad tracks and on really rough roads. The bandit isn't the best for standing but it'll do in a pinch. The OP has a bike built for it and still got a ticket by a revenue generator. Unbelievable that this is "zero tolerance" type crap that lumps you in with stunters doing wheelies down the interstate.

Do traffic judges have total discretion as to throwing something out if they think it was a stupid citation or are they constrained by the exact wording of the law? If it was a $100 ticket, it could be fought on principle but at $1200 and additional insurance costs this is out of hand.

I would make a great traffic judge. My only questions would be: was the driver/rider acting like an and was the driver/rider legitimately endangering others on the road? If not, you are free to go. Occasional wheelies would be frowned upon and would also be free to go.
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Old 10-31-2013, 11:10 AM   #126
Ceri JC
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Quote:
Originally Posted by bogey78 View Post
I would make a great traffic judge. My only questions would be: was the driver/rider acting like an and was the driver/rider legitimately endangering others on the road? If not, you are free to go. Occasional wheelies would be frowned upon and would also be free to go.

+1000
In all seriousness, I genuinely think people who don't think this is the right approach to motoring offences are incapable of rationale thought, to the point that it's a waste of time talking to them about it.

It just seems so patently obvious that this is right and that any other POV is retarded and/or revenue generation (or easy "criminals brought to justice" statistics nonsense) that this is one of those issues where I cannot respectfully agree to disagree.
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Old 10-31-2013, 07:33 PM   #127
Handy
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Quote:
Originally Posted by MAXVERT View Post
The Idaho motorcycle hand book ( the one they give you to learn the
laws pertinent to the motorcycle test) , show that the appropriate
time to stand while on your motorcycle is when encountering a obstacle
in the road such as a animal, debris or other obstruction.
Unfortunately there are a few "letter of the law" type LEOs out there and Idaho Statute will probably take precedence over a hand book.

TITLE 49 MOTOR VEHICLES

CHAPTER 6 RULES OF THE ROAD

49-665. Riding on motorcycles. A person operating a motorcycle shall ride only upon the permanent and regular seat attached to it
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Old 10-31-2013, 10:53 PM   #128
Shadow 9er
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^^^ That statute does not preclude momentarily standing on the footpegs to either reposition yourself or as part of maneuver to avoid an obstacle or debris in the road.

Hope your lawyer isn't a dumbass. Good luck!
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Old 11-01-2013, 01:02 AM   #129
mountaincadre
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Interesting thread, I am not sure weather its legal over here either, I have though on several occasions stood up when riding in and out of city's because I have gotten cramp and if I hadn't I would have crashed.
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Old 11-01-2013, 03:41 AM   #130
CanadianX
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Quote:
Originally Posted by Dilligaf0220 View Post
What he said.

Oh, and the first stunting charge the OPP laid against a biker standing on his pegs...he was riding a GS.
Is there a story online about this and do you know what the circumstances were and if the rider tried to fight it?
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Old 11-01-2013, 11:49 AM   #131
JonU
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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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Old 11-01-2013, 11:53 AM   #132
Nanuq
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In Alaska, pretty much anything goes!
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Old 11-01-2013, 12:02 PM   #133
toy4fun
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Old 11-01-2013, 12:09 PM   #134
Handy
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Quote:
Originally Posted by Shadow 9er View Post
^^^ That statute does not preclude momentarily standing on the footpegs to either reposition yourself or as part of maneuver to avoid an obstacle or debris in the road.
Sure it does, "A person operating a motorcycle shall ride only upon the permanent and regular seat attached to it" is pretty clear and it doesn't say anything about exceptions for repositioning or maneuvering.

That being said I stand on the pegs all the time on all different types of roads here and am not worried in the least about getting pulled over.
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Old 11-01-2013, 03:35 PM   #135
k-moe
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Originally Posted by Handy View Post
Sure it does, "A person operating a motorcycle shall ride only upon the permanent and regular seat attached to it" is pretty clear and it doesn't say anything about exceptions for repositioning or maneuvering.
It also doesn't say that you cant ride while standing...on the seat
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