California Ruling on my Motorized Bicycle

[michaelgrav]

I was in an accident last month when my front fender wrapped around the tire and threw me off leaving me unconsious and injured. I was given a ticket for driving without a license and a DUI. I had a couple beers which wasn't the cause of the accident. My lawyer tried to put my bike under Vehicle Code 406 (B). The judge ruled that Code 406 (B) only applied to electric bikes and my MB is a moped and must be registered and I must have a M2 License.. **** 2 years without any problems. Its over for me here.

 

[Starchalopakis]

Re: California Ruling on my MB

Very sorry to hear that man. Sounds like you went through quite an ordeal. So did they still charge you with the DUI? If so, does it stand on your record just like a normal auto DUI?

 

[bairdco]

Re: California Ruling on my MB

shoulda got a better lawyer. California law clearly states the difference between 406a and b. he shoulda picked up on that.

sucks about your accident, though, and the DUI especially blows.

 

[michaelgrav]

Re: California Ruling on my MB

A regular bicycle is maximum $250 fine but since he ruled it is a motor vehicle I got kicked in the ass with the full DUI fine & headache.

 

[broHSI]

Re: California Ruling on my MB

Very sorry to hear that man. Sounds like you went through quite an ordeal. So did they still charge you with the DUI? If so, does it stand on your record just like a normal auto DUI?

You can get a DUI in CA on a non motorized bicycle or any kind of
propulsion. Yes, it is on your record like an auto DUI.

 

[michaelgrav]

Re: California Ruling on my MB

I will Appeal!!!!!!!!!!!!!!!!!!!!

 

[michaelgrav]

Re: California Ruling on my MB

Tis is the law DUI on a Bicycle
http://www.dmv.ca.gov/pubs/vctop/d11/vc21200_5.htm

 

[michaelgrav]

Re: California Ruling on my MB

No license at all..LOL

 

[davisdesigns]

Re: California Ruling on my MB

Hey I don’t know if the law changed since you got popped but looking at,

VC Section 24016 "A person operating a motorized bicycle is not subject to the provisions of this code relating to financial responsibility, driver's licenses, registration, and license plate requirements, and a motorized bicycle is not a motor vehicle"

VC Section 23612 "A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing"
But that only applies to you if you are in face 406(b)

I just thought it was kinda funny how they made it legal to drive a 406(b) drunk and can't prove it if you deny consent.

But it still comes down to the kangaroo court judge that will ignore the written law and do what they see fit.

Personally I'd make a BIG stink about it.

 

[bairdco]

Re: California Ruling on my MB

everything you just typed is under VC406b, which is electric.

none of it applies to 406a, which is gas powered.

 

[davisdesigns]

Re: California Ruling on my MB

406. (a) A "motorized bicycle" or "moped" is any two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor which produces less than 2 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

(b) A "motorized bicycle" is also a device that has fully operative pedals for propulsion by human power and has an electric motor that meets all of the following requirements:

Could someone help me differentiate these subsections? I find them confusing. Subsection (a) refers to electric but has a max HP of 2 and speed of 30mph but doesn't specify if you can exceed 30mph with the addition of peddling (human power)

While sub.(c.) has a max HP of 1.34102209 and 20mph and is incapable of exceeding 20mph with human power.

Which is ridiculous because you can easily exceed that with no motor at all?

It's nice that they can't even keep their BS wording correct in this statement;
" (2) Is incapable of propelling the device at a speed of more than 20 miles per hour on ground level"

So does that me if you jump your bike that falls under vc406(b) and exceed 20mph you don’t have to worry about a ticket,

This stuff just pisses me off, anything for the F@#$ing DMV and system to make a buck off!! Most of the people I see riding motorized bikes here, do it because that is all they can afford, strap a chainsaw engine on a Junker bike.

the land of the free, yeah right! take a look at a third world country and see the contraptions they drive/ ride or whip.

 

[davisdesigns]

Re: California Ruling on my MB

The way this is worded is if you request to have a BAC test done the officer must comply to it, simply don’t request BAC and they have no evidence against you.

Did the OP submit a blood, breath, or urine?


21200.5. Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person's blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person's blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). Violations of this section are subject to Section 13202.5.

 

[bairdco]

Re: California Ruling on my MB

that's where everyone gets confused.

the first paragraph starts out: "...406. (a) A "motorized bicycle"... blah blah blah...

that whole first paragraph is 406a, gas powered bikes.

the next paragraph starts out: "... (b) A "motorized bicycle" is also .... blah blah blah...

that means 406b, an electric bicycle.

everything else on after that is for electric bicycles only.

if you notice, the rest of the requirements/restrictions after that start with a number, not a letter.

then after (this is supposed to be the letter "C", not a chopper smiley.) it's just insurance crap.

it's vague, hard to understand, and confuses everyone waaay too much.

if you go deeper into the vehicle codes, you'll find everything, but you just gotta pay attention to whether there's an (a) or a (b) after the 406.

if you wanna make your brain go numb, go to Vehicle Code Index M

scroll down till you find "Motorized Bicycle" and there's 20 different codes relating to us.

it's actually easier to figure out when it's all broken down. unless it specifically says "electric" the rest of it applies to gas bikes.


i think the biggest problem with it, is most of these laws were written up in the 70's, when mopeds were popular, and the only other option besides a (very) few Whizzers was the "chicken motor" front wheel friction drive. with a moped, you bought it from a dealer, and they'd take care of licensing, etc, and tell you what you need, and if you had a chicken motor, you were only going 15mph anyway, so nobody cared.

i don't think they were anticipating nuts like us making dangerously fast beach cruisers.

 

[cory151]

Re: California Ruling on my MB

Might be time for me to do something about my fenders.

 

[davisdesigns]

Re: California Ruling on my MB

I saw the chopper guy and laughed because I knew you meant (c.) minus the (.) it happened to me as well. LoL