i wrote all this in pulled over grant Florida but i will do it again to save you some time! I was returning home from the grocery store and was crossing a large intersection where there is no bike lane at the other end< I have two choices at this point to dogleg left into the right lane of traffic or dogleg to right to go on sidewalk, I chose to go the sidewalk because of the the large trucks coming up on my left, so i pull the clutch in and with good momentum proceeded to coast a few doors down to my driveway when i was stopped. I Was cited for Driving a MOTOR VEHICLE On the sidewalk and no drivers license! the cop stated in the courtroom i was NOT presenting a danger to anyone but could here my bike motor running. the whole issue i had with this is just a few months prior to this a cop from the same pd stops me in the bike lane and tells me to move it To the sidewalk! I never used to ride on sidewalks and was shocked when told this! I responded with that there a people on the sidewalk and the cop says slow it down! I told this cop that and he just disregarded it and gave me the ticket!
Do not ride a motorized bike without a license!
- Thread starter RonB
- Start date
That's exactly why I bought these they video us I video them
http://www.ebay.com/itm/New-Esky-Mi...23?pt=US_Security_Cameras&hash=item337f1ac06b
http://www.ebay.com/itm/New-Esky-Mi...23?pt=US_Security_Cameras&hash=item337f1ac06b
What were the statutes they said you were guilty of?
And yeah, if the motor was running (even with the clutch pulled) and the cop saw you (even though you were coasting), he prolly thought you were running under power.. Why didn't ya just hit the kill switch, if you were so close to home?
So the "on the sidewalk" part, you were unfortunately guilty of.. (At least that is what logic would say.. If you were so close to home, there would be no need for the motor to still be running. If I was on that jury, that would be my conclusion too).
Now, the motor vehicle part, without that DMV document, to add the reasonable doubt, was was ultimately killed you..
There was a few other gas bike cases that were dismissed in Florida.. Maybe if you had some of them to bring into evidence, you might have won..
(I don't think the judge could say another court's ruling was heresay...)
And yeah, if the motor was running (even with the clutch pulled) and the cop saw you (even though you were coasting), he prolly thought you were running under power.. Why didn't ya just hit the kill switch, if you were so close to home?
So the "on the sidewalk" part, you were unfortunately guilty of.. (At least that is what logic would say.. If you were so close to home, there would be no need for the motor to still be running. If I was on that jury, that would be my conclusion too).
Now, the motor vehicle part, without that DMV document, to add the reasonable doubt, was was ultimately killed you..
There was a few other gas bike cases that were dismissed in Florida.. Maybe if you had some of them to bring into evidence, you might have won..
(I don't think the judge could say another court's ruling was heresay...)
the cop was in and unmarked truck, pulled up behind me and rolled his passenger side window down, i did not know he was there! I don`t why you guys cannot get it through your heads it is not really about being on the sidewalk, it is about weather the bikes are Motor vehicles under the current law? A jury has decided they ARE MOTOR VEHICLES and you need a drivers license! if the jury found me not guilty then the charge of driving a motor vehicle on the sidewalk would have become null and void , if you continue to ride without license it is your business!
I think you're missing my (and others') point(s)...
1.) The jury decided YOU were riding a 'motor vehicle'..
As others have said, a jury doesn't make a law, they just decide if YOU were guilty of breaking one.
2.) Whether you were riding a 'motor vehicle' or not, riding on the sidewalk on ANYTHING and not using 'human power' to propel yourself, will net you the same result as you were guilty of that particular statute that basically says.. Only vehicles using human power to propel themselves are allowed on sidewalks.. Doesn't matter the 'type" of bicycle. Had you killed the engine, you would have beaten that particular ticket in court, no matter if they called it a 'motor vehicle' or not.
3.) We're on your side... It was the judge and prosecutors that weren't.
4.) Get an electric bicycle and you'll be just fine... Don't need a DL for that, nor does it need registration.
1.) The jury decided YOU were riding a 'motor vehicle'..
As others have said, a jury doesn't make a law, they just decide if YOU were guilty of breaking one.
2.) Whether you were riding a 'motor vehicle' or not, riding on the sidewalk on ANYTHING and not using 'human power' to propel yourself, will net you the same result as you were guilty of that particular statute that basically says.. Only vehicles using human power to propel themselves are allowed on sidewalks.. Doesn't matter the 'type" of bicycle. Had you killed the engine, you would have beaten that particular ticket in court, no matter if they called it a 'motor vehicle' or not.
3.) We're on your side... It was the judge and prosecutors that weren't.
4.) Get an electric bicycle and you'll be just fine... Don't need a DL for that, nor does it need registration.
It's TOTALLY about you being on a sidewalk, if you were on the road you would have never been in court! ANY type of motor(ized) vehicle does not belong on the sidewalk, you are asking for trouble if you ride them there. On an motorized bicycle there is gray area, cause it can be ridden like a bicycle without the motor running, but alas, you had the motor running so all bets are off. I understand it was right by your house, and it's a bummer there was a cop right there to trouble you, but it is what it is and the facts are what they are. You WERE riding a motor(ized) vehicle on the side walk, WITH the motor running, so apparently guilty as charged. Therein lies your problem...
I don't ride in FL so I don't know the laws there, but here in IL a motorized bicycle is still considered a BICYCLE and must follow the rules of the road as they apply to BICYCLES with 3 basic exceptions:
1) You CAN NOT RIDE ON THE SIDEWALK
2) You can not exceed 20MPH
3) You must be at least 16 years old.
I hope a rider from FL will post the FL laws in this thread so we can all read them, without doing that this is all useless banter. I understand you feel you have your answers, but as another poster pointed out, this was a jury result on the charges against YOU, it does not make law for the state. No matter what you say or do you can not negate the fact that you were riding on a sidewalk with the motor running and got cought...
what are you some kind of idiot??Being on the sidewalk was why the cop stopped me yes! but you fail to understand you cannot get a trial by jury for that because that charge will not get you jail time! But driving a motor vehicle without a license will! you still don`t get it do ya? Motorized bikes ARE MOTOR VEHICLES! A jury of 6 has decided on it!
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I have one question for the OP. Did you have an attorney, either yours or a public defender? If so, he/she should have done his/her job and had the court clarify what is and what isn't a "Motor Vehicle" under Florida law.
If you didn't have legal counsel and it was a jury trial, you were beat before you began.
Tom
If you didn't have legal counsel and it was a jury trial, you were beat before you began.
Tom
He DID have a lawyer...
The funny thing is..
There is so much evidence of the grey area, I'm surprised the lawyer didn't bring 100's of things as evidence....
It sounds like a pub defender.. Any other lawyer would and should have beaten this thing without an issue...
ESPECIALLY, given he had an ENTIRE YEAR, to develop the case.
The funny thing is..
There is so much evidence of the grey area, I'm surprised the lawyer didn't bring 100's of things as evidence....
It sounds like a pub defender.. Any other lawyer would and should have beaten this thing without an issue...
ESPECIALLY, given he had an ENTIRE YEAR, to develop the case.
Yah, I'm a big freakin' idiot, thats it...
If the jury "decided" your motorized bicycle was a motor vehicle, they hadn't decided that before the charges were raised against you for driving a motor vehicle without a DL. Isn't that kind of the cart before the horse? As other posters have pointed out, you were charged by the cop with driving a motor vehicle without a DL, it was up to you or your lawyer to prove you were riding a "motor-assisted" bicycle, which in IL would have gotten you off that charge, but you would still be nailed on the sidewalk issue.
I really don't have the time to look up the laws that regulate a motorized bicycle in your state, but I assume you or your lawyer have. If they say you need a DL to ride a "motor-assisted" bicycle then you do need one, and don't need a jury to decide it... but you should have known that before you got out on the street on one, let alone the sidewalk, I would think?
I still say, bottom line, a motorized bicycle shouldn't be driven on a sidewalk, and in doing so you are just creating problems for other motorized bicycle riders who want to be able to keep riding their motorized bicycles. As I pointed out earlier in this thread, while in FL recently I saw at least 2 motorized bicycles ride past me on the sidewalk, thought it was strange and even then I could anticipate this problem coming up. So it seems they are cracking down, trying to keep motorized bicycles off the sidewalk, probably even off the streets if they can. Don't give them ammunition to use against fellow riders, ride on the street and obey the rules of the road on your motorized bicycle. PLEASE!
What this entire subject boils down to is this:
The government currently does not have the legal right to stop you from riding something they cannot make money on. They do not like this state of affairs.
They are searching for ANY excuse to legislate new restrictive laws that allow THEM to collect money from anyone else who gets a mtb.
It's all about the money. Always was, always will be.
Anyone who thinks the police are actually "serving and protecting" is sadly out of touch with reality.
The police have ONE job. To arrest people.
The state can't make money off them until they enter the system, and the cops are there to provide the "customer" base for the state to charge. Anyone who has EVER gone to court will agree.
You pay or you stay. Simple as that.
The government currently does not have the legal right to stop you from riding something they cannot make money on. They do not like this state of affairs.
They are searching for ANY excuse to legislate new restrictive laws that allow THEM to collect money from anyone else who gets a mtb.
It's all about the money. Always was, always will be.
Anyone who thinks the police are actually "serving and protecting" is sadly out of touch with reality.
The police have ONE job. To arrest people.
The state can't make money off them until they enter the system, and the cops are there to provide the "customer" base for the state to charge. Anyone who has EVER gone to court will agree.
You pay or you stay. Simple as that.
Are you saying that "Mr. Green needs to be in the courtroom before things can proceed"?
Read that is a John Grisham novel.
Tom
Read that is a John Grisham novel.
Tom
Once again" motorized bicycles ARE CONSIDERED MOTOR VEHICLES under Florida Law! A jury has decided that! I don`t like it either but it is what it is!
Ya know you have been very vague about all the details, and the I looked up
your past posts and am starting to but a picture together here,
you had a DUI, and had to get one of these bikes you rode on the sidewalk
requiring a jury? What other irresponsible behaviors did you exhibit?
maybe THAT cop has it out for you, maybe You got scr**** by the system
Don't know don't care.
you've had 54 posts here ranting, I have yet to see a pic of
said bike or any interaction with the community other than this issue,
and you want us to believe that a jury decides state and county laws!
we're all pretty much older here and know how the government works!!!
on to another issue, what kind of bike you got?:
how many miles? What kind of lights?
any tips for us?
P.S. just what was your sentence a fine or time?
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I never said i had a DUI! And i do NOT! I would not have taken it to a jury in the first place if I had any idea i could not win" it does appear that you will have to learn the hard way? that`s fine some do! But if you don`t know the law then don`t be telling people they do not have to have a license! I cannot help but think you might be a motorized bike Dealer" there the ones that started all this BS advertizing DUi Rides" the cops know about that and are targeting motorized bicycle riders for that reason! they know that most of us using these don`t have a license"Ya know you have been very vague about all the details, and the I looked up
your past posts and am starting to but a picture together here,
you had a DUI, and had to get one of these bikes you rode on the sidewalk
requiring a jury? What other irresponsible behaviors did you exhibit?
maybe THAT cop has it out for you, maybe You got scr**** by the system
Don't know don't care.
you've had 54 posts here ranting, I have yet to see a pic of
said bike or any interaction with the community other than this issue,
and you want us to believe that a jury decides state and county laws!
we're all pretty much older here and know how the government works!!!
on to another issue, what kind of bike you got?:
how many miles? What kind of lights?
any tips for us?
P.S. just what was your sentence a fine or time?
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You inferred that in your very first post
http://motorbicycling.com/showthread.php?t=11669&page=9
and again you side step the questions?
Default Re: Is a License required in Florida
Hey all" New member here! I have been riding since 2006 in Tampa without any trouble and recently moved to Largo and stopped twice in the last year! the sheriff deputies do not seem to care but the the largo police sure do! they made sure I had a license and still said I needed a plate and a helmet! that was the first time! the second time the officer wanted me to get it off the street and on the sidewalk because it was not street legal ! I complied because I did not want to escalate the issue! lets face it! they could confiscate the bike and i may never see it again? It seems like every person that sells these gas bikes says you don`t need a license! and yet If you get stopped and do not have one? you can still get arrested and lose the bike and then have to get bailed out of jail, when you see the judge, you might get off depending on the circumstances because it is a so called gray area of the law? god help you if you are under suspension for DUI"
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The cop asked me if i had one! that`s as far as it went!meaning i did not actually produce it!
Let me quote the Florida statute word for word for ya. LOL
Florida Statute:
s. 322.01 Definitions – As used in this chapter:
(27) “Motor vehicle” means any self-propelled vehicle …. excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003
s. 316.1995 – Driving upon Sidewalk or Bicycle Path
No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
http://flbikelaw.org/2011/06/motorized-bicycles-5/
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