Arraignment was easy!

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James912

James912

Member
Apr 12, 2011
584
2
16
32
Florida
Went to arraignment, had to wait for my name. They do it alphabetical. My last name starts with an s so i was one of like 10 left in the courtroom. Had to sit for over 3 hrs on hard wood benches with no padding. My back was killing me by the time my name was called. The states attourney read my charge: Driving a vehicle without a license. Then he read the offer: write mutiple essays about the dangers of driving without a DL. The officer that pulled me over never even put anything on his version of the ticket about me riding a bicycle. So i tell the public offender that stands next to u, that i need to explain to him what really happened. So i told him everything i knew about bicycles. One of his first questions was: whats the size of your motor? I told him the truth, 66cc. I told him that it doesn't even go 20, cuz it really dont. I don't know what happened to my motor since the first month i got it, but it has slowed down to like 15mph(wot). I told him about Paula Paxton, and Jeff arnett and about how law enforcement all across fl is putting up a fight against these for no reason. I told him the cop thinks its a moped and it aint. I told him i was riding in the bike lane. He asked why i couldn't legally get a DL. :/ But sofar, it hasn't hurt my case. These are legal according to the dmv. So, i meet the public defender at the public defenders office to fight this on the 3rd of October. Paula Paxton joined the forum wednesday. I've been talking with her this week. Im also getting a 49cc motor from Jeff Arnett, so i'll be legal. Once i tell the defender i got a smaller motor, it'll be a piece of cake to get the charge dismissed and get a official court document saying i am allowed to ride in the bike lane. The judge will repeated court dates over the span of a year to try to get u to crack under the pressure. All u have to do is go to all those court dates, don't be nervous, dont crack. STAND UP FLORIDIANS!!! They want u to crack. If u show up at the third court date, they'll dismiss the charges and give u a no info case. Saying its a helper motor, its not a motor vehicle. You'll be able to use that document when u get pulled over, and they'll let u go. If they don't, and give u another citation, u just go to the court, and show the judge your last court document. He'll automatically drop the charges and let u go.
 
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Fulltimer

Fulltimer

New Member
Aug 13, 2010
1,321
3
0
77
Saint Augustine, FL
I see only 1 real problem. You told them 66cc. That is too big to be classified as a helper motor. You just admitted to breaking the law. Even if you do change it for a smaller one you still broke the law. I really hope you beat the charge but don't be surprised if you don't.

You still have an attitude problem so be careful of what you say and how you say it.

Terry
 
S

SANGESF

New Member
Feb 23, 2009
641
0
0
Lake Worth
Why would a 66cc motor be too big to be a helper motor?
According to everyone here... A gas bike of any size is legal and you don't need a DL.
 
decoherence

decoherence

New Member
Aug 23, 2010
476
2
0
sebring,fl
over 50cc is an issue. i'm trying to find a place that makes custom dog stamp now. i was told the first thing a leo is going to do is look for the size of the engine. the funny thing is that we could put a punch 50cc jug on a 66cc china girl to get MORE power.
really a china girl is like a weak 50cc.
 
S

SANGESF

New Member
Feb 23, 2009
641
0
0
Lake Worth
buhz said:
statute says over 50 cc"s its a motorcycle. very simple,period.
Click to expand...
According to everyone here... There is no cc limit for a bicycle... As a matter of fact, there is no speed limit either..
There is no statute about a bicycle... So cc size shouldn't matter....
Remember.. A bicycle with a gas helper motor is NOT a moped, is NOT a motorcycle, etc..
 
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S

SANGESF

New Member
Feb 23, 2009
641
0
0
Lake Worth
I'm serious... What determines the "limit of legality"?
That's my point... What is anyone using as a basis for this cc limit? Since there's no supposed satute that is applicable to gas helper bicycles, how can anyone say, over 50cc is illegal? Or over any speed is illegal?
Makes no sense to me...
You say over 50cc makes it a motorcycle... How do you come to that conclusion?
 
B

bandito

New Member
May 22, 2009
783
0
0
colorado
This FLA crap is getting old and pointless. Yall need to pop the top on a cold one and discuss some thing you can agree on like babes, football or etc. chill will ya.
 
decoherence

decoherence

New Member
Aug 23, 2010
476
2
0
sebring,fl
why isn't a gocart or goped alowed on the roads legally? why can't i drive to work in a bulldozer? (besides that i'm looking for a job)
why don't monkeys fly out of my but?
there is nothing stating they can't fly out of my but. so that means there is no limit on how fast they could fly out of my but.
 
H

happyvalley

New Member
Jul 24, 2008
784
1
0
upper Pioneer Valley
SANGESF said:
According to everyone here... There is no cc limit for a bicycle... As a matter of fact, there is no speed limit either..
There is no statute about a bicycle... So cc size shouldn't matter....
Remember.. A bicycle with a gas helper motor is NOT a moped, is NOT a motorcycle, etc..
Click to expand...
Just to clarify then, if I get your point, you're saying since there is no law specifically defining gasoline powered bicycle, it's not a moped and thereby exempt? Is that a fair representation of what you're trying to say?

Where I am in MA it's easy because a motorized bicycle is a moped (and vice versa) by statute definition. In fact the DMV handbook states at the top of the page:
According to Massachusetts law, a moped is a "motorized bicycle."
Click to expand...
Massachusetts RMV - Moped Definition and Requirements

It just happens to be though that moped/mb is the least regulated two-wheeled vehicle class in the code and not that intrusive, IMO.

It's too bad, I think pursuing this kind of technicality is a short lived dodge for the moment and the state can easily close up this loose end by adding a few words to the statue.
 
S

SANGESF

New Member
Feb 23, 2009
641
0
0
Lake Worth
decoherence said:
1.) why isn't a (a) gocart or (b)goped alowed on the roads legally?
why can't i drive to work in a bulldozer? (besides that i'm looking for a job.
Click to expand...
1.) A - Gocarts have 4 wheels.. No Vin, no pedals and are not safe for road use and no motor use on a sidewalk..
1.) B - Gopeds have a gas motor... Unsafe for road use and you can't use a motor on a sidewalk..
2.) You absolutely can drive to work on a bulldozer.
 
S

SANGESF

New Member
Feb 23, 2009
641
0
0
Lake Worth
happyvalley said:
Just to clarify then, if I get your point, you're saying since there is no law specifically defining gasoline powered bicycle, it's not a moped and thereby exempt? Is that a fair representation of what you're trying to say?

Where I am in MA it's easy because a motorized bicycle is a moped (and vice versa) by statute definition. In fact the DMV handbook states at the top of the page:
Massachusetts RMV - Moped Definition and Requirements

It just happens to be though that moped/mb is the least regulated two-wheeled vehicle class in the code and not that intrusive, IMO.

It's too bad, I think pursuing this kind of technicality is a short lived dodge for the moment and the state can easily close up this loose end by adding a few words to the statue.
Click to expand...
My "argument" has always been... People say a gas bicycle is NOT a moped, YET, they use the "moped statute" to say what the cc limit on a gas bicycle is. If it's not a moped, then there should be no cc limit... Does that make any sense?
 
H

happyvalley

New Member
Jul 24, 2008
784
1
0
upper Pioneer Valley
SANGESF said:
My "argument" has always been... People say a gas bicycle is NOT a moped, YET, they use the "moped statute" to say what the cc limit on a gas bicycle is. If it's not a moped, then there should be no cc limit... Does that make any sense?
Click to expand...
Okay, I see where you are pointing out the contradictions in other people's arguments. What's your short answer tactic then to make riding gas powered bicycles in FL doable?
 
decoherence

decoherence

New Member
Aug 23, 2010
476
2
0
sebring,fl
SANGESF said:
B - Gopeds have a gas motor... Unsafe for road use and you can't use a motor on a sidewalk..
Click to expand...
insert gas bike where gocart is. they are capable of being dangerous for on the road. especially when you say there is no cc limit or speed limit. they are not allowed on the sidewalk & use a gas motor.
 
MotorBicycleRacing

MotorBicycleRacing

Well-Known Member
Jul 28, 2010
5,844
109
63
SoCal Baby!!!
www.facebook.com
decoherence said:
why isn't a gocart or goped alowed on the roads legally? why can't i drive to work in a bulldozer? (besides that i'm looking for a job).
Click to expand...
In California GoPed type vehicles are legal to ride in the street
and are called scooters.

Motorized Vehicles

Motorized scooter

Driver must be at least 16 years old.
Effective 1/1/2005, a Class C driver's license or driver's permit is required.
Effective 1/1/2005, a motorized scooter shall at all times be equipped with a muffler.
Effective 1/1/2005, a person shall not modify the exhaust system of a motorized scooter in a manner that will amplify or increase the noise level emitted by the motor.
Speed limit is 15 mph.
Driver must wear a bicycle helmet
Operation permitted on a bicycle path, trail or bikeway, unless there is a local ordinance prohibiting it.
On the roadway with a posted speed limit of greater than 25 mph, driver must operate in Class II bicycle lane.
On roads with a posted speed limit of 25 mph or less, riding in a bicycle lane is not required.
Operator shall ride as close to the right curb as possible, except to pass or turn left
 
decoherence

decoherence

New Member
Aug 23, 2010
476
2
0
sebring,fl
we are referencing florida.
gas bikes have laws in CA.
sang is stating since gas bikes aren't mentioned in FL law that it makes them legal for any cc any speed.
i know i shouldn't feed his absurd claim but i can't help it.
 
S

SANGESF

New Member
Feb 23, 2009
641
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0
Lake Worth
decoherence said:
insert gas bike where gocart is. they are capable of being dangerous for on the road. especially when you say there is no cc limit or speed limit. they are not allowed on the sidewalk & use a gas motor.
Click to expand...
When it comes to gopeds, There are multiple documents and case law that makes them illegal.. 'nuff said.
 
S

SANGESF

New Member
Feb 23, 2009
641
0
0
Lake Worth
happyvalley said:
Okay, I see where you are pointing out the contradictions in other people's arguments. What's your short answer tactic then to make riding gas powered bicycles in FL doable?
Click to expand...
I don't have one....
I run electric with 100 mile range... So I don't need to make anything "doable"... Would be nice for full legality of gas bikes, with specific documentation stating so, from law enforcement.
 
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