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Old 04-09-2013, 03:21 PM   #16
willys
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Just curious? How did the initial conversation go and what was your responce? Was it at all aggitated? I have been pissed off and it came back to bite me in the arse while standing in front of the judge. The cop wrote down word for word what I said and the judge wasn't impressed! I apologized and took my lumps and still managed to get the fee dropped down a bit but the full points were applied! It was explained that the courts don't appreciate their officers to be abused to to speak. I see that areswipe almost averytime I go to town as it seems......frig'in cop! I'm sure he's laughing at me as he passes me!
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Old 04-09-2013, 04:45 PM   #17
Steve G.
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Quote:
Originally Posted by BigToad View Post
Although I disagree with the law I doubt it's a reason to avoid BC unless your looking for an excuse. I have back issues and ride standing probably way more than most riders. I have never had an issue in BC or anywhere......perhaps one day I will.....but I will try to fight if I do here.

Actually, I agree with the law. It was brought into enforcement to stop squids wheeling down the road. The problem is, it was not specified into different reasons for taking your rear off the saddle, so unfortunately encompasses everything.
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Old 04-09-2013, 05:49 PM   #18
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So to address some of the replies so far,

The cop told me that if I am fatigued that I should pull over.

Thanks for the link to the ICBC manual. I was trying to find that exact passage, but was looking in the "Tuning Up for Riders" manual.

You don't want to see topless ladies from Lytton. Ugghhhhh.

Was riding on smooth pavement.

My encounter with the cop: he pulled me over just outside of town. He had seen me riding standing up in town, got in his vehicle, and tracked me down. When I saw his lights, I thought I must've sped up too fast as I was leaving town and he was pulling me over for speeding.

When he told me he pulled me over for standing, I acted incredulous... because I was. I said sorry and that I had no idea. He told me that I should be reading the motor vehicle act and that it came into effect with the new helmet laws. Then he gave me a ticket and said I should be happy because he could impound my bike for a week if he wanted. He was quite the penis.

So yeah, I broke the law. I did not know at the time, but ignorantia juris non excusat. The law is the law, but you think he could have exercised some lenience for a first time offense with a brand new law that came in under the radar. end rant
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Old 04-09-2013, 05:50 PM   #19
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Good luck in your defense.

At least you were not doing this...



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Old 04-09-2013, 06:22 PM   #20
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This law is excatly why I like to do a lot of my trips in Mexico where standing on the pegs going the wrong way down a one way street is usually okay.
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Old 04-09-2013, 09:59 PM   #21
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Will first the good news 1 in 5 tickets are get out a jail cards with the cops not showing up. Thats the stats now a days. YOu ve got a 40% chance of winning it that doesn't happen. Now as to when was it issued? time is on your side here because of charter rights. You can successfully persuaded a judge to toss out you ticket on the grounds that right to justice within a reasonable time had been violated. Longer then 9 month you can cite that there is precedents on the books. Next request RCMP his Notes by registered letter . The courts clearly states that if a defendant should request any type of evidence from the officer, the officer is obligated to provide it! if the RCMP officer doesn't a judge should dismissal should be asked fort . Disclosure should be requested from the city prosecutor's office - through your local Provincial Offenses office - well in advance of your trial date. Next any mistakes on the ticket might make it invalid. Is the address right? Your name , your driver lic number , does it state the proper location of where it happened. . Is the code used next to the fine the right one? At times they quote the wrong one. Mistakes are also good reason to have it thrown out.
The one thing I would not do is go in and say I was Standing up because that is admitting your guilty unless you want to do this. you where doing it because something dropped off the a semi , a peace of tire etc and you were trying to see what it was to avoid a safety hazard. There was a deep pot hole etc . Now where you doing this when he pulled you over or not? If not then ask did he have you in his sights 100% of the time? Any bends in the road etc ? If so challenge that he said it was you. How can he know it was you if he didn't have you in his sight all the time. It could have been another rider with same type of bike. Sound like he didn't there in he hasn't prove his case. Also state he threaten to impound you bike for know reason. In BC if your drunk , racing or have not insurance yep he can but I may be wrong.
Take a moment down at your libary and see what books they have on tickets . There is more then one. Ca
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fullmetalscooter screwed with this post 04-09-2013 at 10:10 PM
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Old 04-10-2013, 07:14 AM   #22
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B.C. should be embarrassed by this law. Ridiculous!
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Old 04-10-2013, 03:46 PM   #23
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We have this law also in Ontario. A while back someone posted getting stop by a cop for standing on the pegs while ridding. He stood up just before the railway tracks.
I think somewhere in a ride safe manual it tells you to ride on your pegs for better control of your bike.
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Old 04-10-2013, 04:02 PM   #24
willys
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I'm just wondering....? What does the official police training manual say about best control of a motorcycle? They use other bikes now compared to Hardleys don't they??? In other words a more upright seating position where it's posible to stand on the pegs if necessary....?

Hmmmm....I have a buddy who woks for the ISU service for the Toronto police, if I remember I'm going to querry him on this.
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Old 04-10-2013, 04:29 PM   #25
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Quote:
Originally Posted by willys View Post
I'm just wondering....? What does the official police training manual say about best control of a motorcycle?
They don't follow their own advice...



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Old 04-10-2013, 09:19 PM   #26
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Band together and challenge the law !!

It seems to me that this is a perfect opportunity for citizens to challenge an unjust very flawed piece of legislation. With basic accepted motorcycle operation techniques documented in provincial safe driving manuals,and the laws obviously drafted to stop idiots from stunting (standing on the seat) this should be argued through the proper channels by a large group of riders. It's our obligation in society to challenge laws that are flawed and unjust. It should only take one or two properly organized challenges to get the law changed to focus it on the intended bad behaviour . It Also seems to me that businesses in provinces and towns that benefit from motorcycle tourism like say Nakusp,BC need to add to the voice.
Regards,and good luck
Gary

PS. Start a petition and I will ride to wherever I need to to sign my name.
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Old 04-10-2013, 09:27 PM   #27
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Oh ya one more thing

Quote:
Originally Posted by RumRunner View Post
They don't follow their own advice...



DW
Take this video to court as evidence to back the argument of the need to stand in some situations. At the very least there will be one satisfying moment!!
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Old 04-11-2013, 08:32 AM   #28
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Do some searching on this site for posts by BCCOM, there's a couple of excerpts from her conversations with high ranking government officials about the intent of the law and their assurance it wouldn't be applied to cases like this.
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Old 04-11-2013, 10:14 AM   #29
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This law, if taken to full extent, could mean bike impoundment for simply lifting your feet off the footpegs to stretch your legs that way,,,,which I do now rather than standing up to stretch.
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Old 04-11-2013, 07:51 PM   #30
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Quote:
Originally Posted by fullmetalscooter View Post
The one thing I would not do is go in and say I was Standing up because that is admitting your guilty unless you want to do this.
If he is asked, while under oath, "did you stand up", to answer anything other than Yes is perjury.

I also think it's a dumb law, but to make false statements under oath is not the way to go here.
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