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2-Tickets on my China Girl


Discussion at Motorized Bicycle Engine Kit Forum in the Laws and Legislation forum. I got pulled over today. As I was thinking about what to say to the officer, he said," do ...
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Old 10-28-2009, 06:41 PM
Charged-Reacter's Avatar
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Location: west-central Illinois
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Default 2-Tickets on my China Girl

I got pulled over today. As I was thinking about what to say to
the officer, he said," do not say anything and listen to what I am going
to say". The first thing he pointed out was the motor. Then he said I was
the driver. Then he pointed out that I was on a cycle. I said," it is a bicycle".
That is what I said , " a cycle". First ticket and charged with violation of
classification motor driver cycle. Second ticket and charged with imprper
operation of off road motorcycle on roadway. Ended up posting $75.00
cash bond. They sure no how to take the fun out of the bicycle.
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Old 10-30-2009, 09:24 PM
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Location: Texas
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Default Re: 2-Tickets on my China Girl

Bummer...don't surprise me...Illinois is one of them commie states that limits big trucks to 55 like Ca. and Oh.
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Old 10-31-2009, 06:59 AM
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Default Re: 2-Tickets on my China Girl

I talked to the assistant states attorney, a plea bargin of guilty as charged
would result in the violation of classification motor driver cycle would be dropped
and only the charge of improper operation of off road motorcycle on roadway would
I be charged with. The officer wins.
Other options are plead not guilty and request a judge or jury trial. I think a trial
by judge would be a bad idea. I researched some older cases with not much luck but
one case caught my attention that had nothing to do with my charges. A man was charged
with assult to a horse. The judge dismissed the case because the horse was not there to testify.
As funny as that might sound, there is some logical sense pretianing to my charges. I think
with a jury trial and bringing my horse to court ( motor assisted bicycle) that I might have
a chance at beating these charges with a jury or even the state dropping thier charges all
together and not even making it to trial. Not realy sure which way to go but at least there might be a chance of beating the charges.
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Old 10-31-2009, 06:41 PM
Motorized Bicycle Member
 
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Location: GA
Posts: 21
Default Re: 2-Tickets on my China Girl

What does the Ill statute reguarding motor driven cycles say? Here in GA if it's 50cc and under it's a moped and basically has free reign within sensable limits. You should know the verbiage of your law before you try any court.

Steve
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Old 11-01-2009, 07:46 AM
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Location: colorado
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Default Re: 2-Tickets on my China Girl

I dont understand the 1st charge, is it that your lacking the proper endorsement on your DL? 2nd charge I fully understand, if Im right in understanding the 1st charge it seems theyre in direct conflict with one another. The 1st one accuses you of driving a m/c without proper endorsement, second charges you with driving an off road vehicle on the road with a vehicle that doesnt require a DL at all.
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Old 11-01-2009, 10:06 AM
"the prussian" Shop Dogs's Avatar
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Location: waukegan IL. U.S.A.
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Default Re: 2-Tickets on my China Girl

fight this !!! go to court with the new Il. rules in hand . and get a laywer if u can
1 arguee as to what reason were you pulled over for in the first place(they have to have an infraction to sight) the cop not having something to do or that he "thinks" your in violation aren't enough .it has to be for something that the cop knows is ilegal or will (hopefully)be thrown out
2 under 50cc is only a regular DL as is and in jan 2010 you don't need that anymore.
3 arguee that in Il. there is no way to reg. a mb so they can't sight you for something they have made imposible.
4 arguee that these tickets were given under the state vec. code and that your "bicycle" is not defined as a "motor vec." in THERE reg's
we all need to band together and fight to retain the rights we have or there gone!
so please fight... and if there is any way that I can help fellow IL. rider let me know.
p.s. if you bring your bike to court, try a get some pic's , we all want to see this...
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Old 11-01-2009, 11:00 AM
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Default Re: 2-Tickets on my China Girl

#1 you need to have a copy of the IL. rules of the road and a copy of the law on bicycles wth you on hand! in IL there actually considered pedalcycles. pedalcycles is defined as a motor-assisted bicycle that has a maximum attainable speed in one mile or less of 30 mph and produces 2 brake HP or less. a moped may be operated with any valid IL driver licence. the displacement may not exceed 50cc and may not require the operator to shift gears.
if a moped is driven at night, it must have a headlight visisble from at least 500 feet and have a red reflector on the rear visible from at least 100 -600 feet.
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Old 11-01-2009, 11:17 AM
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Default Re: 2-Tickets on my China Girl

here are some chicago laws.Chicago Bike Laws - Search Results
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Old 11-01-2009, 11:28 AM
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Default Re: 2-Tickets on my China Girl

and another Illinois statutes regarding bicycles | activetrans.org
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Old 11-01-2009, 12:40 PM
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Default Re: 2-Tickets on my China Girl

I don't know the law but I would imagine if you were attempting to ride an off road MB on the streets just cause it's not street legal does not curtail the need for a license. You can drive with no tags or lights on a car and get the same ticket. I did notice the cop told you to not talk but listen...you replied it's a bike...bad move. It is real ipmortant to listen closely to what a cop asks you to do...they HATE arguing or repeating themselves. I feel pretty sure had you listened and held your piece and then ASKED "officer isn't this classified as a bike?" He would explain why it is or isn't and most likely issued you a warning ticket. Cops have a hard dangerous job we really need to be patient and respect them. I know there are some jerks but all the same it's the position not the person you respect...just my 2 cents worth.
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