FL

[buhz]

Re: FL I won but thats it

went on trial today I won but I have nothing to offer the cause. looks to me the system does work .the judge Dorothy VACCARO came to the proper conclusion when she said not guilty. These things cannot be changed in court only by a bill that would pass new laws. The judge said this is a gray area that cannot be decided either way. States attorney was not very happy, he put up a fight to the very end. But the judge still ruled it's a gray area and being a gray area she would have to rule on my side, not guilty.
P.S. Judge told me to not ride my bike anymore.

 

[biknut]

Re: FL I won but thats it

went on trial today I won but I have nothing to offer the cause. looks to me the system does work .the judge Dorothy VACCARO came to the proper conclusion when she said not guilty. These things cannot be changed in court only by a bill that would pass new laws. The judge said this is a gray area that cannot be decided either way. States attorney was not very happy, he put up a fight to the very end. But the judge still ruled it's a gray area and being a gray area she would have to rule on my side, not guilty.
P.S. Judge told me to not ride my bike anymore.

Congratulations buhz. The only thing that surprises me is the stupidity of the prosecutor. Usually in a traffic offense they already know before the trial whether they will lose or not.

The judge was correct to recognize that this is a gray area, and therefore deciding for the defendant. Exactly the same as Texas, except in Texas the prosecutor's are smart enough not to try a trial.

The judge saying not to ride your bike is sounds very familiar. I've been hearing that for over 40 years, sheez.

This proves my point about not needing a special law for MBs in FL. Why shackle yourself with a law? I suggest you, or someone, call a local TV station and newspaper, and inform them that police are still harassing citizens riding MBs even though it's not against any law. After a little of that kind of publicity and the police won't stop a MB if it was on fire.

 

[tommyboy1442]

be free, watch the eagle go by!!

 

[James912]

If the judge didn't have it on paper stating he said to not ride your bike anymore, continue ridin'. He's just a judge. We must fight this for our right to ride. Do what biknut said. Go to a news station, and to the news paper and tell them your story. They'll drool all over to put it in the paper.

 

[buhz]

the judge was a she, anyway after she ruled not guilty she said not to ride the bike, to me that is a way of saying I do not want to see you here again.the charge was licence exp. more than 6 months, operating a motorized bike on road 322.03(5) so the whole case was about is this ferrous frankenstein I was riding a motor vehicle that would require a fl. dl. most of us allready know there is no answer yet,but good or bad one is coming I hope for the better.the reason my dl was exp is I lived out of state for 11 years when I came back I had a few months before it would expire. work has been crappie in fl so I waited till the last min. had a check for 400.00 bucks no one would cash it without non exp.dl. or id. went through all the bla bla woof woof motor vehicle wanted and when it came down to the eye exam I failed so I said give me the id so atleast I can cash this check. my wife generally drives so I was trying to save a few bucks till it was a nessesity that I have a dl. ha ha looks like I still do not need one yet. RIDE SAFE BOB B

 

[buhz]

oh yea sangefs it was a huff cranbrook with a raw GAS POWERED engine but none of that was the issue,only the dl, and it was one ticket as stated above and yes ofcourse I will continue to ride the judge did her job but thats it someone else makes the law. one more thing I brought in that letter from paula paulson and as you said it only says motorized bicycle so the courts took that to mean electric,worthless in court. and to the self propelled issue the judge brout it up before I had a chance,this was one of the beyond a shadow of a dought dowdt whatever it was gray and she said I just do not know. too many questions the state has no answers for.as she said this is not the first time and the state will catch up sooner or later. so atleast right now if you got them smokem,unless you are 4 cycle. RIDE SAFE BOB B

 

[captianroger]

i got 2 tickets in florida, first for riding a moped on the road, the second was driving with no Drivers License, the second is a criminal ticket, i made them give me a free attorny and we went to court, befor the court date i tossed the motor in the trash... reason to follow, the state droped the moped ticket and wanted 60 days jail time for the no DL, told the judge i wanted my trial by jurry... the state then offered just a $500 fine to plead guilty, no way... then the judge reduced the fine to $100, told the judge i have done nothing wrong in my opinion and i want a trial by jurry, and if found guilty will appeal that also, told the judge im going all the way to protect my legal rights, i turned to my free attorney and he looked at the judge and asked the judge for more time to prepare for a trial becaus he couldnt find one law in florida that says you need a drivers license to ride a bicycle, the judge asked me what i did with the motor, when i told him i thew it away in the trash, the state had no evidence that this was ever converted into a moped, all the state has for evidence is a bicycle, for lack of evidence agenst me the judge dismissed all charges... i won and that dosent mean you will to, its up to the judge, i got a judge that was fair and just, the system dose work most of the time... good luck all

 

[MotorBicycleRacing]

befor the court date i tossed the motor in the trash... , the judge asked me what i did with the motor, when i told him i thew it away in the trash, the state had no evidence that this was ever converted into a moped, all the state has for evidence is a bicycle, for lack of evidence agenst me the judge dismissed all charges.

Oh no! You really tossed that Honda GX 100 motor in the trash?
what about the torque converter?

That was a great 4 stroke bike!

60 days in jail is pretty tough for no drivers license. How many people
actually get the full sentence?

 

[Arnett Motor Bikes]

got some new news on the florida law getting changed. it would seem there are a few senators in the state that are not on board with the idea, so the fight rages on. i do have people in the Florida DMV and a senator on my side this far, so we are still going to try to get this done. we still have time and i am preparing for the phone call that they need me to go to Tallahassee to show them there is minimal difference on the electric verses the gas other than the power supply to propell. no bill as of yet, but still working it.

 

[Fulltimer]

Jeff, what can I do to help?

Terry

 

[James912]

Glad to hear the good news Arnet.

Captn. roger- Lots of people, when they get a ticket, they go home and throw their kit and engine in the trash before the court. That doesn't help our case. Really it isn't a win in our case to be able to ride. Thats just getting the easy way out. Why not fight to ride. Your case is different, I understand that. But to everybody else that gets scared when they get a ticket, they throw their engine and kit in the garbage so the judge will drop the charges. That proves nothing except that your a wuss. No offense, but nothings gonna get done if u don't fight for it and put effort into it. Sure the laws are rather grey in this area, but still if u want to be able to ride, you've gotta step forward, fight for freedom. Not just throw away evidence. FL is gonna be the proving ground but it aint if everybody that gets a ticket tucks their tail and runs. We are given the right to have our day in court due to people that fought for it. The forefathers of this great nation we can the U S of A didn't continue living under the rule of the British. They fought for the freedom have today. The Declaration of Independence was titled the Declaration of Independence for a reason. To declare our Independence. To tell the British, we aint gonna live your way. Though our freedom is being taken away by the minute, by certain people in high places. But, We must do the same. Fight for your right to ride. Don't just give in and give up. Write a letter to the Governor or to a senator. Send an email. Make a call. Start a petition . Don't just wait for everybody else to do it. Now that i've typed a speech, im getting off my podium now....

 

[SANGESF]

Any word on your case James?

 

[James912]

What about it? I won. Use this doc here and you'll be fine. The link is below.
https://docs.google.com/document/d/1sSEpxMYBxpxfBwpo6tP4QVHCRi9_K64ldufH8oomgTs/edit

 

[SANGESF]

I'm looking for a court document with the words, gas helper motor and no drivers license or not a motor vehicle..
I'm trying to show the DMV something from a court and it MUST say somewhere gas and no license or not a motor vehicle.
I'm in contact with their sr. Counsel on something.

 

[James912]

Oh, yeah, I never got the ending court document. Just use that dmv document in that link. Thats what the dmv gave me and i got them to sign it and stamp it. In court, it'll hold up. It only took a second for the district attourney to see it and he dropped the charges

 

[SANGESF]

That's not the point...
I need the court documents and police reports (with personal info removed).
HAS to have verbiage of gas motor, bicycle, etc.

This is NOT for court, this is for something very different...

The FLHSMV flat out REFUSES to change that document to read that a GAS powered bicycle does not require a DL.. (They left it out on purpose, so that a judge can decide whether it's a grey area or not)..
I don't want that ambiguity to be there..

They will only change that document, if I can show them three different court documents from three different counties from three different judges..

The court document (even a No Information one), HAS to say things like gas powered bicycle, the tickets referencing the case also has to have the word gas in it (and driver's license, would be helpful too)


Basically, I need this for each case..

Court case docket # (or other identifying number).

Decision (whether it's a "no info" or "nolo proseq" or whatever) that states a gas motor (NOT electric) was propelling bicycle.

Ticket(s) referenced by court document that must include the words "gas motor" or "moped" or "gas powered bicycle" and DWLS. (Doesn't have to (nor do i need it to) say anything about registration.. We already have that in TL-10)

Would also like somewhere in those documents to also read something to the effect of not a motor vehicle (hence, no reason for a DL).

Only THEN will they HAVE to change that document or create a new one.

 

[SANGESF]

I was lookin' over my citation yesterday, the cop checked the box next to no valid drivers license and in the comments section he wrote: on a gasoline bicycle.

The cop argued that it was a moped, but he wrote bicycle on the citation. For the style of the vehicle, he wrote bicycle. How odd....

Dude!! That's what I need a copy of (along with your court documents).. That I have to give to the DMV!

 

[worksmanFL]

Dude!! That's what I need a copy of (along with your court documents).. That I have to give to the DMV!

Dude!

You dont call, you dont write?

Happy New Year!

 

[James912]

kk. I'll post here with the link to them in my google docs when i get them scanned and uploaded. It'll be around 730pm CST

 

[SANGESF]

You can PM them to me if you want.