Do not ride a motorized bike without a license!

miked826 · May 11, 2013

RonB said:
OH Brother" No VALID DRIVERS LICENSE! 322-03

None of this would have ever happened had you simply killed the motor while riding on the sidewalk. The noise from the engine made you an instant target while you were on the sidewalk.

Cops give me the stink-eye all the time while I'm legally pedaling on the sidewalk but I always kill the motor when I'm on the sidewalk and all I get is the stink-eye from them. That's it. LOL

RonB · May 11, 2013

miked826 said:
None of this would have ever happened had you simply killed the motor while riding on the sidewalk. The noise from the engine made you an instant target while you were on the sidewalk.

Cops give me the stink-eye all the time while I'm legally pedaling on the sidewalk but I always kill the motor when I'm on the sidewalk and all I get is the stink-eye from them. That's it. LOL

well you may be right? since one cop from the same department told to me to get it on the sidewalk and slow it down just months before ( i never road on the sidewalk before this)Did not think anything of it at the time. so whats your point? are you saying it is OK to ride one without a license still ,just not on the sidewalk?

miked826 · May 11, 2013

RonB said:
well you may be right? since one cop from the same department told to me to get it on the sidewalk and slow it down just months before ( i never road on the sidewalk before this)Did not think anything of it at the time. so whats your point? are you saying it is OK to ride one without a license still ,just not on the sidewalk?

I'm only licensed to drive a car and that's it. I'm saying if the engine is off and you are pedaling the bike then no type of license is needed regardless of the state you live in.

You can be drunk as a skunk and passed out in your car as long as the engine isn't running and the car is "legally" parked. If the engine isn't running then you are not "operating or driving" the vehicle. No DUI can be legally cited to you.

If you are passed out in the fast lane of a freeway somewhere, then that might be a different story altogether because you had to get to the fast lane somehow.

If cops don't have any initial reason to pull you over then they can't ask you for a license until they first have some other reason to pull you over first. You cracked the door open when you jumped on the sidewalk with the motor going and the cops just kicked the door in after that. Keep the door dead bolted like I do. LOL

RonB · May 11, 2013

miked826 said:
I'm only licensed to drive a car and that's it.

You can be drunk as a skunk and passed out in your car as long as the engine isn't running and the car is "legally" parked. If the engine isn't running then you are not "operating or driving" the vehicle. No DUI can be legally cited to you.

In Florida if the keys are in the ignition you can charged with a Dui !

miked826 · May 11, 2013

maniac57 said:
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.

I totally agree with ya Maniac.

States are pissed off to the nines that Federal Law does not recognize a motorized bicycle as a motor vehicle in which case states could could collect fees off of the motorized bicycle and that some people are slowly using as a legitimate alternative to a motorcycle, car, or city bus. States can pass whatever laws they want on motorized bicycles but they can only collect recurring fees on what NHTSA defines as a "Motor Vehicle" and that's not a bicycle that has a motor bolted to it. It's all about money. It's also about controlling peoples long range freedom of movement in a city or county sized area.

miked826 · May 11, 2013

RonB said:
miked826 said:

I'm only licensed to drive a car and that's it.

You can be drunk as a skunk and passed out in your car as long as the engine isn't running and the car is "legally" parked. If the engine isn't running then you are not "operating or driving" the vehicle. No DUI can be legally cited to you.

In Florida if the keys are in the ignition you can charged with a Dui !

Click to expand...

If your keys are NOT in the ignition then there's not a dang thang they can do to you. If you're dumb enough to stick those keys in the ignition, then you deserve a DUI and whatever else they throw at you.

I agree but the "Keys in the Ignition" rule does vary from state to state.

miked826 · May 11, 2013

"In reaching its decision, the court relied on previous Massachusetts caselaw that defined "operation" as anytime a person intentionally does an act or makes use of any mechanical or electrical agency which alone or in sequence sets in motion the motive power of that vehicle.

In following that definition, the court explained that turning the key in the ignition to the "on" position could therefore constitute a part of a sequence that would set the vehicle's engine in motion, thereby constituting "operation."

In my reading of this opinion, there is still an argument to be made that simply putting the keys in the ignition, without turning or activating the electrical power, does not constitute "operation" for purposes of Massachusetts Drunk Driving Laws.

The lesson learned here then, ladies and gentlemen, is that if you are in any way intoxicated and pass out in the car, make sure the keys are not in the ignition..."

Desert Rat · May 11, 2013

miked826 said:
"In reaching its decision, the court relied on previous Massachusetts caselaw that defined "operation" as anytime a person intentionally does an act or makes use of any mechanical or electrical agency which alone or in sequence sets in motion the motive power of that vehicle.

In following that definition, the court explained that turning the key in the ignition to the "on" position could therefore constitute a part of a sequence that would set the vehicle's engine in motion, thereby constituting "operation."

In my reading of this opinion, there is still an argument to be made that simply putting the keys in the ignition, without turning or activating the electrical power, does not constitute "operation" for purposes of Massachusetts Drunk Driving Laws.

The lesson learned here then, ladies and gentlemen, is that if you are in any way intoxicated and pass out in the car, make sure the keys are not in the ignition..."

hey I was living in Mississippi and pulled into a field, yea that's it parked in a field,
took the keys and thru them under the seat and they still got me.
mind you this is farm country, I went to court, said your honor my friend here
was driving, we were forced of the road and I passed out while he walked for
help, only way I got out of it! Face it, cops can pretty much do what
they want law abiding or not

miked826 · May 11, 2013

Desert Rat said:
hey I was living in Mississippi and pulled into a field, yea that's it parked in a field,
took the keys and thru them under the seat and they still got me.
mind you this is farm country, I went to court, said your honor my friend here
was driving, we were forced of the road and I passed out while he walked for
help, only way I got out of it! Face it, cops can pretty much do what
they want law abiding or not

True. Cops can arrest you for anything under the sun and do but it's up to a judge and or jury though to actually convict you of anything though.

Being in a field out in the middle of nowhere is not the same as legally parked in a parking lot though, even if you tossed your keys out the window, cause you had to get to that field by driving your car there. A judge or jury is not gonna look kindly on that fact. LOL

miked826 · May 11, 2013

Desert Rat said:
hey I was living in Mississippi and pulled into a field, yea that's it parked in a field,
took the keys and thru them under the seat and they still got me.
mind you this is farm country, I went to court, said your honor my friend here
was driving, we were forced of the road and I passed out while he walked for
help, only way I got out of it! Face it, cops can pretty much do what
they want law abiding or not

If your legally parked in a city, cops have no way of knowing if you were drunk before or after you parked your car. If you drove to a nightclub totally sober then got sloshed and went back to your car and passed out in it. Cops have no way of knowing any of that. If some states D.U.I. still means that the car has to be in motion, hence the word "Driving", and that you are actually in control of it. LOL

Desert Rat · May 11, 2013

miked826 said:
If your legally parked in a city, cops have no way of knowing if you were drunk before or after you parked your car. If you drove to a nightclub totally sober then got sloshed and went back to your car and passed out in it. Cops have no way of knowing any of that. If some states D.U.I. still means that the car has to be in motion, hence the word "Driving", and that you are actually in control of it. LOL

true enough, when you're in a field it's a pretty good bet how you got there
LOL

miked826 · May 11, 2013

Desert Rat said:
true enough, when you're in a field it's a pretty good bet how you got there
LOL

It just looks bad for you, especially if there's no bars or nightclubs next to that field. LOL

I use to get hammered all the time at downtown nightclubs and go sleep in my car until I was good and sober the next day. And no I never stuck my keys in the ignition either. I don't see a thing wrong with that at all. Drunk and sleeping in a legally parked is not harming anyone.

Desert Rat · May 11, 2013

yea 30 miles of dirt road to get to the casino what a ride LOL
on the plus side you don't see to many new cars on them roads

miked826 · May 11, 2013

Desert Rat said:
yea 30 miles of dirt road to get to the casino what a ride LOL
on the plus side you don't see to many new cars on them roads

It sounds like you were out in the middle of nowhere. What are the odds you would be seen by anybody let alone a cop? Next time you pull a stunt like that, at least drive your car into some bushes or throw a camouflage net over your car. LMAO

Desert Rat · May 11, 2013

this was flat farm country and the field, an empty cotton field
oh and did I mention it had been raining and I was stuck in the mud
that's why I went to sleep LOL best weekend I don't remember HA HA HA

miked826 · May 11, 2013

Desert Rat said:
this was flat farm country and the field, an empty cotton field
oh and did I mention it had been raining and I was stuck in the mud
that's why I went to sleep LOL best weekend I don't remember HA HA HA

It could have been worse I guess. A tornado could have dropped out of nowhere and ripped you and your car a new one only to let you survive and get hit by a bolt of lightning through the roof of your car.

Instead you just got picked up by the police to get a ride to a nice warm drunk tank. LOL

Desert Rat · May 11, 2013

miked826 said:
It could have been worse I guess. A tornado could have dropped out of nowhere and ripped you and your car a new one only to let you survive and get hit by a bolt of lightning through the roof of your car.

Instead you just got picked up by the police to get a ride to a nice warm drunk tank. LOL

HEY I still want my flying car they promised so many years ago
And I WAS drunk and I slept till morning and went home, Otis cambell style

Hey Andy let me outta here I gotta get home!

Ahh Arkubtla MS population 200 maybe LOL

nightcruiser · May 11, 2013

I've never had a DUI, haven't had as much as a parking ticket for more than 10 years, my DL is good as gold. It pains me when motorized bicycle riders refuse to abide by the law and cause problems for the rest of us, as well as how the motorized bicycle community gets painted as deadbeat DUI drivers that need a motorized bicycle to get around. OP, if you don't have a DUI than what did you do to lose your DL? I assume you broke the law pretty bad, you might just try learning the law and abiding by it, your life will be much easier...

KCvale · May 11, 2013

"motorized bicycles as defined in s. 316.003"
So, what does 316.003 say?

SpecialX · May 11, 2013

Says electric powered motor, not capable of making you go faster than 20mph..
And as I'm sure you know, just about any china girl will definitely propel you faster than 20.
I think that's the main distinction between the gas and electric.
And that's what the 316.003 says... Only electric helper motor. No gas mentioned anywhere.

Do not ride a motorized bike without a license!

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