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Old 03-15-2015, 11:23 PM   #1
DudeClone OP
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Cops Took My Bike. What Now?

Ok, let's get past why they took my bike. I was lane splitting at proper speed 10mph-15mph at an intersection and got pulled over. Also cop said I was doing 40mph in a 30mph zone. I was not, my highest speed was 37mph indicated (probably more like 36mph) and the speed limit is a posted 35mph for miles and miles all along the street. On the ticket he wrote my speed was 40mph and the posted speed limit is 30mph. So even if I was doing 40mph (i was not and he was not using radar) its still just 5mph over the posted limit which he already made an error on. Gee, what else could he have been wrong about? Maybe that "unsafe lane change" i made which here in California we call lane splitting at an intersection at....around 12mph.

But those are just the particulars which I will fight in court, and not the reason he took the bike. He took the bike because he said I had an expired license. Which I never have and my license says so! But that's what came back and he wouldn't budge. Took my keys, would not let me push my bike, and told me if I didn't have someone come pick it up or ride it away he'd tow it. I had no one at his convenience to come get it and no one to ride it....so off it went! And he took my license!

My question is for those of you in the know is do they have to give me back my bike when I take proof of my DMV payment for my DL renewal, proof of my renewal, and all my receipts and notices of being paid in full and in good standing, proof of insurance, registration, title....EVERYTHING!? And do they have to give it back free of charge and in lieu of my court date to fight this bogus ticket where the officer couldn't even get the posted speed limit right!?

And get this. When he pulled me over the first thing he did was ask me if he could search me for weapons. I complied. Then he asked my name, which is Hispanic. Next he said "are you the David Gomez (not my real name but you get the idea) wanted on drug charges?" I said 'no officer, why would you ask that?' and he said "well, we have a David Gomez wanted for drug charges." and i said 'well their are lot's of David Gomez's around and that one isn't me.'

Then he told me to go lean against the wall, hands against it. I did not comply and I told him why. He didn't seem to have a problem with it, but did not like it.

But let's not get off track. I OWN my bike. It is MY property, I am fully licensed class c and m and insured with PROOF! I want it out tomorrow, with no charge to me. I am NOT going to pay towing and storage when I am 100% legit and should have gotten a ticket at most, and I want my bike out of some shady impound lot! With my evidence / proof of a DMV f-up at best, can and will that happen tomorrow? I have no tickets, no arrests, squeaky clean record, no suspensions or revoked license history...nothing! And i'm middle aged, dammit!

Thanks guys
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DudeClone screwed with this post 03-15-2015 at 11:35 PM
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Old 03-16-2015, 01:14 AM   #2
Bill Harris
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Bad scenario. Sounds like the LEO copped a bad attitude from the first and was looking for an excuse to nail someone.

Talk to the judge. It might even paty to drop some coin on a lawyer. And good luck.

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Old 03-16-2015, 01:32 AM   #3
DudeClone OP
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i am going to the courthouse first thing. will i see the judge first thing? its a city of around 200,000 people but can't imagine many fight tickets. if they set a court date i don't want to wait for that date to get my bike back. the only reason they took it is because the officer said DMV reported an expired license. but its been renewed for over two months with proof. why would i have to go to the dmv again to get proof when i have all the proof i need with me!

again not suspended or revoked...just expired as if out of date. but i have all documents and will not be taken for a ride!

and i do not trust some independent impound yard to care for my bike. no way! i am going to do more research before morning. i am also going to go to the tow yard and show them my proof. i have read that could be helpful if a vehicle was towed in error and something about a hearing? but first the courthouse to see if they can just undo this whole mess
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Old 03-16-2015, 01:44 AM   #4
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Good luck getting it back - I hope you don't go all bull in a china shop though, flies and honey spring to mind. And the cop may well have been erring on the side of caution or acting on information you weren't privy too so go easy eh and keep us in the loop.
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Old 03-16-2015, 02:34 AM   #5
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You were speeding, he had you on some other stuff and your license is expired - right? He offered to let you have someone haul away or ride the bike away if you could find someone to do that. You didn't find anyone, the cop hauled off the bike and you're mad at him?
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Old 03-16-2015, 03:32 AM   #6
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Cop was overreaching. People drive on expired licenses on accident all the time. It's not a revoked license, it's an expired license. Not a big deal.

If the bike is expensive Lawyer up. If it's just a run of the mill Honda, get it when you can.

This is why people are shooting cops.

No bike, no way to get to work on time the next day, work gets pissed and fires you, wife splits with the kids and starts dating a drugged out loser, kids all get herpes, dog eats the cat and dies, all because a cop over reached. A snowball rolling downhill gets bigger, and when it gets big enough people do crazy things.

Now's a good time to get the F out of CA. (wild guess)
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Old 03-16-2015, 03:44 AM   #7
Jarlaxle
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Quote:
Originally Posted by C/1/509 View Post
You were speeding, he had you on some other stuff and your license is expired - right? He offered to let you have someone haul away or ride the bike away if you could find someone to do that. You didn't find anyone, the cop hauled off the bike and you're mad at him?
Did you actually READ the post?
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Old 03-16-2015, 04:41 AM   #8
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This is another post that would get better replies if we knew the state, but in the end it is of no matter because you have only one good option: contact a lawyer. Asking here is not only useless, but may in the end harm your case.
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Old 03-16-2015, 04:48 AM   #9
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He says Ca at the end of the first paragraph
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Old 03-16-2015, 05:15 AM   #10
DudeClone OP
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well i can get a lawyer later. but i will not get one to get my bike out. i am licensed with proof from the DMV. i'll get more recent proof if it satisfies the court. i have no history or priors and i just want to bring my property home. the only reason he took my bike is because my license came back as expired, but it is not. i suppose this happens sometimes, as the DMV is not exactly....yeah.

otherwise my infractions were small and no reason to take my bike. you would never tow a car for an "unsafe lane change" and although he put down i was doing 40mph in a 30mph zone the ticket doesn't list speeding as one of the infractions. so i don't know what that means? and again it says "max posted speed limit 30," but the signs say 35. i was going 35, essentially

i will contest the "unsafe lane change" and i believe if speeding is involved it can be dismissed being the officer put down the wrong speed limit. or i will go to traffic school, etc. BUT i want my property back, i don't care if i have to truck it out of there. because my license is valid. it just is. with dues and fees paid, and records to show.

and yes i will be nice and courteous. i am a law abiding citizen and respectful of the law and courts. i will chalk it up to a big misunderstanding and bad work on the part of the DMV. but i expect my property back, at least. i am 100% legal, insured, and a good citizen

and i am not angry with the cop. just irritated. i feel he could have given me the benefit of the doubt with a notice to appear. but in all reality, quite seriously, he should not have pulled me over in the first place and had no cause. he waited nine blocks to do so and decided to literally at the city limit. across the street was the next city...and he hit his lights

i just want to get my bike out :(
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Old 03-16-2015, 05:24 AM   #11
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Originally Posted by Vertical C View Post
He says Ca at the end of the first paragraph
oh yeah, the tl;dr effect. no caps run on sentences and too many insignificant details. lollers good luck and in this case not contacting a lawyer right away may not be a good idea
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Old 03-16-2015, 05:25 AM   #12
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Quote:
Originally Posted by Buliwyf View Post
Cop was overreaching. People drive on expired licenses on accident all the time. It's not a revoked license, it's an expired license. Not a big deal.

If the bike is expensive Lawyer up. If it's just a run of the mill Honda, get it when you can.

This is why people are shooting cops.

No bike, no way to get to work on time the next day, work gets pissed and fires you, wife splits with the kids and starts dating a drugged out loser, kids all get herpes, dog eats the cat and dies, all because a cop over reached. A snowball rolling downhill gets bigger, and when it gets big enough people do crazy things.

Now's a good time to get the F out of CA. (wild guess)
You know this how? The OP didn't say that. He said it was not expired.

Nothing like taking this to the cop shooting level for something you have no idea what actually happened, or what the cop saw on his computer!

Possibly, and I do not know this, the OP's license was suspended for his insurance company sending a letter that his insurance was dropped? Happened to me once, and my license appeared valid until I went to renew it.

JimVonBaden screwed with this post 03-16-2015 at 06:13 AM Reason: went not want
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Old 03-16-2015, 05:27 AM   #13
on2wheels52
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I'm curious where you were left standing.
Was the cop there until the tow truck arrived?
Catch a ride with the tow guy?
How did you get home or wherever you were heading?
Jim
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Old 03-16-2015, 05:33 AM   #14
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If it were me, I'd get a lawyer...the best one you can afford.

Lawyers are kind of like insurance...people love to complain about paying for them, but I dont recall anyone ever saying they had too much representation or coverage after an incident.
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Old 03-16-2015, 05:33 AM   #15
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How did you interact with the officer after you were pulled over? It sounds like he threw the book at you because you were a smart ass. Don't take this the wrong way, I don't know anything, just asking, were you polite?
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