I was written a ticket last night in Phoenix

Two retarded cops wrote me a ticket last night for riding a motorized bike claiming I required a license to drive it. They debated their knowledge by pulling out an Arizona Law Book dated 2008-2009 and insisted that it was a moped, as defined. I told them to take a picture of the bike so that they could show the judge. I was also was a smart ass and told his partner to take a picture of his book. Mr. *I think I'm a law student even said he had nothing better to do. I wouldn't have been written the ticket if I wouldn't of said anything, but I was a bit irritated about them basing their laws off a different violation. They cop was so dumb he had to call another cop to back him up. They wrote me a ticket on §28-2513.3 -

3. The director shall adopt necessary rules to provide for any tag, decal, plate or other device in lieu of a license plate otherwise required pursuant to this chapter to be attached to a moped to indicate that the moped is properly registered.

they neglected to read §28-2516. I'm a little pissed but amused at the same time.

http://azbikelaw.org/blog/moped-and-motorized-bicycles-in-arizona/

I'm scheduled to have a court date on Sep 19th. Any suggestions or opinions i'd appreciate.

I have a 48cc 2 stroke EPA approved motor.

The_Aleman said:

How fast were you going? Did they have a valid reason for pulling you over? They might have written the speed down on the ticket.

If you were going under 20 and the ticket reflects that, they're in the wrong. The judge will likely throw it out.

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I was going under 20 but my front night light had fell off, so the asshat followed me then pulled me over. There's nothing whatsoever stating that or the speed for that matter. I was written a ticket for Arizona Statute 28-2513.7, which reflects on mopeds.

7. Any class of driver license is valid for operating a moped.

http://law.justia.com/codes/arizona/2011/title28/section28-2513/

I think I had ever legal right to dispute this ticket at the time as they seemed very uncertain what they were charging me for, in fact the guy which had originally pulled me over had no intentions to as he was curious. But his partner who called to the location was very fixated with the fact that my bicycle was a moped. So much that he demanded that it was true by reading it out the 2008-2009 Arizona Legislator Book. When I had tried telling him it was written under a different Statute he insisted that no such statute existed as it was simply a moped. That's when I became humored with his ignorance. I wasn't certain what the statute number was at the time so I was a dead fish in the water. The cop was very immature about the matter and insisted I wouldn't win this in court and if I wouldn't have said anything they would have dismissed the ticket. I told him that it was a 48cc EPA approved motorized bike kit but they we're also fixated that anything up to 50cc was a moped and required to be registered. I was like isn't that the other way around.

One of the cops said he didn't care if he didn't have to go to court as he would get 3 hours of overtime, I told him well I find that very unlikely as a court hearing for a civil traffic fine usually only lasts 15mins at the most. I'm very disgusted from this whole matter so much that I asked them if they had anything better to do, like arrest a crackhead. I told them to take a picture of the bike to present in front of the judge and also their Statute book. Officer Meow was kind of humored from my nip picky remarks and gave me my ticket and told me to go home.

culvercityclassic said:

Should of kept your mouth shut, it's the yes sir no sir rule. You must be young, you will learn one day.

Btw it took me one time to act like that when I was 20, got may azz put in check real fast. It was a quick class on respect even when wrong... Its the po po

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I'm 26 and actually I've always been a yes sir and no sir to officers. But I knew I wasn't in for a ride for the local police station.

BigBlue said:

First post: They wrote me a ticket on §28-2513.3 Then your last post you stated: I was written a ticket for Arizona Statute 28-2513.7 Which one was it?

All the judge is going to ask you - can your motorized bicycle go faster than 20 mph? Legally your motor bicycle is a moped under Arizona law since it can go faster than 20 mph. You don't have a moped registration and that's why the cop cited you under section 28-2513.3

The cop had probable cause to pull you over since you were operating a motor vehicle at night with no head lamp on a public road. He was probably concerned about your safety.

If you still don't understand that is OK. I am guilty of minimalizing and rationalizing my behavior.

Good Luck,

Chris
AKA: BigBlue

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correction it was 28-2513.7

I don't have the original receipt for the motor. Any suggestions?