Correspondence I'm sending to the chief of police in a town...

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SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
Here is a letter I am sending to the chief of police about a traffic stop I was involved in Florida..

Dear Chief Of Police

This is the first time, I've ever had the desire or need to write correspondence to a police department over an interaction with an officer.*
**Let me start off by saying, that I waited a day before sending this correspondence as I was incredibly upset (yesterday) and did not want to taint this complaint with too much emotion..

My main form of transportation is an electric bicycle. *It is a Schwinn Stingray OCC Chopper Electric Bicycle. (Stock photo (1) and a photo of my specific bicycle (2) enclosed at the end of this email, for your reference). It has pedals to allow me to pedal/propel the bicycle, as well as, an electric helper motor, which is not capable of propelling my bicycle faster than 20 miles per hour.*

On Saturday evening approximately 6:15pm, I was traveling northbound on my electric bicycle (either in the bicycle lane or as far right as *practicable, on the road {when there sometimes isn't a bike lane}), when I was pulled over by Officer
.*
** At the very start of the "conversation", the officer was extremely confrontational. I put conversation in quotes, as it was not a conversation, per se, but the officer telling me that I was not allowed to explain myself and that I was wrong about everything I tried to explain to him*
*The first thing he told me was that I was riding a "motor vehicle". I had tried to explain to Ofc. that my vehicle was an electric bicycle, but he kept interrupting me and not allowing me to explain the legality of my electric bicycle.*

He kept (very rudely) asking if my bicycle had a motor on it. I kept answering, "Yes, it has an Electric motor, on it".*

I kept trying to explain to him that an electric bicycle, according to the Florida State statutes, is exempt from the "motor" vehicle laws as it is still considered an ordinary bicycle.*

He then continues (again) to tell me,
"If it has a motor on it, of any kind, it is considered a "motor" vehicle."*
I even tried to state to him the Florida State staute information.. I said, "It's covered under Statute 316.003 [2] and recited it for the officer. (paraphrased really, as I didn't know it Verbatim)..

I told Ofc., that I would like him to look up the statute that I just tried to explain to him, and he told me, "I don't have to look it up because, I KNOW if a bicycle has ANY kind of motor on it, it is considered a "motor" vehicle."

** During this whole "conversation", Ofc. kept saying, "'We' were not going to 'have this argument'".. I tried to explain to him that this was NOT an "argument", nor was I going to "argue" about it. I was just TRYING to explain the facts about "electric bicycle laws" here in Florida and how it pertains to my bicycle.*

**He then tells me to get off my bicycle (for what reason I don't know) and stand in front of his police car.*
**He then says to me, "IF I were to pat you down, would I find any weapons or drugs?" (for what reason would he need to pat me down? - He didn't, but it seemed odd to me, that he had to make that kind of statement, specifically with the emphasis on "IF")*
I stated, "No, I don't have any drugs or weapons". *He then (again) asked me if I had anything on me, that HE would consider a "weapon".*
I told him, "No". He then asks me if I have a pen on me and I answered, "yes". He then tells me that HE considers a pen, a "weapon"! (Huh?!?)

Ofc. takes my Florida ID and does his check, finds nothing wrong and then he tells me, he doesn't want me to ride my bicycle in towh, anymore, as it would require registration and a valid Driver's license.*

**As he hands me back my ID, he says, "I'm going to pull over that guy over there {he points somewhere} on his motorized wheelchair (Jokingly, I supposed) and I won't watch you pull away."*
I kind of figured he was joking with me, so I said, "You don't mind if I ride my bicycle home?".*
Ofc. (again, with complete rudeness and the unwarranted sternness as he continued with throughout this entire traffic stop) says, "I JUST told you, I wasn't going to watch you pull away" (Supposedly) meaning that he was "doing me a favor" and not writing me any tickets or summons and "letting me go"..

** It was an extremely uncomfortable situation, as there was absolutely no need for the completely unprofessional and confrontational manner that Ofc. displayed throughout this entire encounter with me. *(I even tried to "lighten up" his mood, by being extremely polite.)
**After the encounter, I realized, that I had not gotten the officer's name, at that time. *

**Later that evening, (while pedaling *(northbound again) back home on my bicycle, on the sidewalk, as to not exacerbate any situation while still traveling within town) I saw Ofc. on another stop (he had someone else pulled over on the same (east) side of the sidewalk as me).*
I stopped and very politely said, "I'm really sorry to bother you, but do you have a business card?" (as I wanted his information for this complaint..(Not that I told him that))
He pulled one out and very glibly said, "Here ya go! You have 'fun' with that!"
**In my opinion, Apparently Ofc. believes that being completely unprofessional and rude is acceptible behavior for a Police Officer.

I have enclosed a link and a copy of the State Statute 316.003[2] (for your reference) below.*

http://www.flsenate.gov/Laws/Statutes/2011/316.003

*****(2) BICYCLE.—Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels....****

As well as, a copy of an official FLDMV/HSMV (3) document (sent to me) stating that an electric bicycle is exempt from registration and drivers licensing requirements. *(Reference PDF is at end of this correspondence)


I have also included a copy of the basic bicycle laws (from the Florida State Safety office, written by Lora Hollingsworth, P.E., Chief Safety Officer)

http://www.dot.state.fl.us/safety/ped_bike/laws/ped_bike_bikeLaws1.shtm

** I would like to formally request that you please inform all of the officers, under your command, of the current statute regarding electric bicycles and how electric bicycles are NOT considered "motor" vehicles, nor any of the requirements that go along with that.*

** At your earliest convenience, please return receipt of this correspondence with your recommendations and/or comments by either email and/or phone as I would like to be able to ride my bicycle through Town without the worry that I will be pulled over again and/or harassed.*

I look forward to your response.*

Sincerely,*
Sangesf


Reference Materials...

1.) Link to the Schwinn Bicycle website...

http://web.archive.org/web/20060614174619/http://www.schwinnstingray.com/bike-electric.html

B.) Stock photo of The Schwinn Stingray OCC electric bicycle...


(Note: the "engine" in the middle is actually a plastic battery compartment, which I do not have on my bicycle as shown in the actual photo of my bicycle..)

2.) Here is a picture of my bicycle (in it's current condition)



(Note: For my own safety at night and compliance with state statutes, not only do I have a bright White 55w Halogen front light and a rear 35w Red light, but I also have installed (front and rear) amber colored blinkers (for use when a hand signal might not be seen at night), a brake light (that comes on when I hit the brakes), a car horn, a 12v power receptacle and various other items. The box in the back of the bicycle holds, among other items, battery for the motor, 12v tire pump, 12v battery for my accessories, battery charger, and rear tail/brake light and rear directionals).*

3.) Official correspondence from the DMV sent to me / dated June, 2011.*

What do you guys think?!?
Is this good enough, or should I change something around? Add? Remove?
 
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rustycase

Gutter Rider
May 26, 2011
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Whew!

...I know, from conversations you and I have had before, that you are doing your best to be as legal as you can...

It's a simple fact that even a good cop can have a bad day.
That might be what you encountered.
Which doesn't fix the problem, but is something to consider...

If I were you, I would go downtown and ask to see the chief, or the duty officer is probably all your gonna see initially, in person. Then you can present the letter to him.

You can tell him you are legal as you can be, and really wish to avoid problems with his department.

Good luck
rc
 

SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
I sent the letter actually... It's not "as legal as can be"..

My bicycle is completely legal.

;)

If I don't receive a response, I will send a copy of that in a certified letter to the Chief of Police..

The officer was not the only one on the scene, there was a plain clothes with him and another cruiser was there with a female officer as well.

I don't want to ride into that town,(even to go talk with the Chief of Police) until I've received a response from him, as one of the officers there might pull me over..

If I don't receive a response via email, regular mail (after I've sent the certified letter) or phone call, I will send a copy of it (registered), to the Mayor's office and beyond, if I have to.

(I've been told that, that particular officer is a real butt buster, so it's not like he was "having a bad day", he is apparently under the impression, that he can get away with an attitude...)

I'm the WRONG person to have an attitude with, as I don't get "mad", I get "even"..
Along with the ability to ride through that town without any further issues, I want either an apology or the officer to have some form of reprimand on his record.
It was completely unnecessary to give the attitude I was given for RIDING A BICYCLE LEGALLY!!!!
 
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biknut

Well-Known Member
Sep 28, 2010
6,653
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Dallas
I don't blame you for being very upset with that kind of treatment, especially when you're going out of your way to be polite, but some cops are going to be f ed up a holes no matter what the law says as long as they think they can get away with it. I've learned from experience it's best to just let them say what they will, and not get into an argument, like you tried to do.

In this case where you know the law is on your side, I would handle it a little more aggressively though, by informing the cop that if he feels I'm breaking the law he should go ahead and write me a ticket, and we'll let the judge decide. I'm willing to bet he would have backed down, but if he didn't once you win in court, you could add to your complaint that,

Dear, Whoever,
This is what happened, and when, and if this happens again I'll have no other option except to consider it harassment which may involve further legal action against the city and police department. I'm sure now that you're aware of this situation you'll take the necessary action to avoid it happening again blablabla,

Yours Truly.
I.M Pissed
 

SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
I had to meet my son nearby to give him money to take the bus home and did not have the time to handle it more "aggresively", as IF the officer decided I was "resisting arrest without violence" or being a "wise ass" and if he had impounded my bike and brought me to jail, my son would be stuck 20 miles away from home with only his skateboard..

Also, I was extremely nice and polite during the entire "situation", even though the officer was TRYING to illicit an aggressive response by me...
Wasn't gonna happen!
 

bandito

New Member
May 22, 2009
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colorado
Sang I know $$$ doesn't grow on trees but maybe a letter from a lawyer to the police chief about violations of your civil rights might do the trick.
 

SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
I'm not quite there (yet)! If it does get to that point, I'm sure most lawyers, would do it pro Bono or on consignment or whatever the "only if you win, do we get paid" terminology is..
 

biknut

Well-Known Member
Sep 28, 2010
6,653
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Dallas
It'll be interesting to see if you get a reply to your complaint. Be sure to keep your copy, it may come in handy later.
 

SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
No reply as of yet.. I'll wait until end of day tomorrow. If I don't get a response, I'll start sending letters to the appropriate law departments.
 

SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
Here is the response I received from the officers direct commander in charge..
(Not the Chief of Police), but I'll take what I can get.

*******Sangesf,
*
This is Sgt. with the Police Dept. *I am in receipt of your letter to the Chief about your recent encounter on a traffic stop with Ofc. *I appreciate the reference material you have provided and will re-educate my officers on the Statutes pertaining to electric powered bicycles. *I understand you were frustrated and inconvenienced, and I apologize that you feel you have had a negative experience with the Police Dept. however, I have spoken to the officer in this matter and any issues have been resolved. *I assure you, that all Police Officers are trained professionals and that any officer you meet will act with professionalism in accordance with their duties.
*
In addition I apologize for the informality of an email but there was no telephone number listed on your letter or I would have contacted you by phone. *Should you have any concerns in the future please feel free to contact the Police Dept. *************


(There was a phone number, but no biggie).*

I also called the Sgt and spoke with him for about 15 mins explaining why I sent the letter and he was very apologetic (as best can be done by a police officer, so I applaud him for that) for the way I was treated.*
(And yes, as everyone guessed, (and in my opinion, was inferred, by the Sgt) that when I "corrected" the original officer, he didn't like it and that's when he started with the confrontational attitude..)
I was assured that during their next roll call, a memo regarding electric bicycles will be brought up..
 

Fugi93

New Member
Dec 30, 2011
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illinois
I always carry a copy of the law on me. Highlight the pertinent parts so it can penetrate there thick skulls more quickly.
 

SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
Well, it wasn't the exact response I wanted.. As the Sgt. didn't actually tell me what the actual discussion with the Ofc. was or what his side was...

The letter, if you can read between the lines, has no real apology in it. "RE-educate"? I think he should have wrote educate.. "all officers are professionals"? Not that one! Etc.
 

rustycase

Gutter Rider
May 26, 2011
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Left coast
IMO that's as decent a letter you're gonna get from enforcement.
I'd keep it in the file, carry a copy with me, and go on about my business.
Best
rc
 

biknut

Well-Known Member
Sep 28, 2010
6,653
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Dallas
Well, it wasn't the exact response I wanted.. As the Sgt. didn't actually tell me what the actual discussion with the Ofc. was or what his side was...

The letter, if you can read between the lines, has no real apology in it. "RE-educate"? I think he should have wrote educate.. "all officers are professionals"? Not that one! Etc.
He has to be careful because you could still sue them.
 

Fugi93

New Member
Dec 30, 2011
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illinois
He has to be careful because you could still sue them.
True. Ignorance of the law is no excuse for them either, especially when it escalates into violating your rights. The cop should have called in about the law the detainee was trying to explain to him. The cop chose to be an ass.
 

Al.Fisherman

New Member
Sep 9, 2009
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Calera, Alabama
Fortunately officers like that are few and far between. My son was stopped on his MB two days in a row at 3am (on way home from work) had proper lights. I told him that if he got stopped one more time and I'd take care of the situation. Never stopped again. The excuse a PO pointed out...at 3am what are you doing out riding a bike, maybe he could of broken into somewhere. If it was me, I'd politely tell him that this is a free country and I don't have to explain why I'm out at 3am. I understand your situation, but if me I would keep my mouth shut except telling him to give me a ticket or take me to jail. Then we would have fun. Especially since it (electric bikes) is expressly addressed in the state laws. But that's me.
 
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nightcruiser

New Member
Mar 25, 2011
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USA
Nice going the way you handled the situation. I know people will say never "argue" with an officer, but if that means you can not politely reference the law there is something wrong. I find the part about the patt-down and pen a bit interesting, apparently this officer feels more like a prison guard than a police officer! In prison a pen is a weapon, in public a pen is.... well, a PEN! For him to decide a pen is "weapon" and your bike is illegal without any law to back him up is wrong, and to pull you over and aggressively assert such claims is harassment. IMHO this doesn't sound like the actions of a guy that is having a bad day, sounds like a guy who makes up the rules as he goes along and thinks because he has a badge you have to follow them. I have no problem following "THE" rules, but a BIG problem following "HIS" rules! Again, we are not in prison here, this is America and we are supposed to be free, right? If we abide by the law as it is written we should not have to face this sort of harassment.
Bottom line, you handled it well because you are apparently now free to ride peacefully and legally without being harassed further. It's unfortunate you didn't get an actually apology, but frankly that is unimportant, the important thing is that EVERYONE knows the law, even the officers..... LOL
 

Texhun

New Member
Aug 2, 2011
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Rosebud Texas
This thread has been great so-far. But what I don't get is the chief here gave me a ticket for not coming to a complete stop at a stop sign with my bike but has never ever stopped or ticketed any other bicyclist that run stop signs constantly. JERK. Heres the funny part though. He didn't get my license number cause it wasn't with me so my record should still be clear. Then two weeks later I went to take care of the ticket and the lady at city hall said, come back in two weeks our judge quit a few days ago.(^) . So two weeks later I'm reading the paper and it said Rosebud still has yet to hire a judge. (^). Now about about 3 weeks later I notice we got a new chief in town and new cops.(^) . So anyways city hall hasn't called me yet about the ticket I'm just gonna say they forgot about me. Not like it's a problem, just have RE-educate these cops that I'm an okay guy on a MB.
 

SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
In my opinion, that particular officer needs to be RE-educated on how to deal with civilians, when they have a valid "argument"... As long as he and all the other officers in that town, won't bother me, I'll leave it alone..
I STILL have 45 days from the "incident" to file an official investigation/complaint form..
I already have it downloaded and filled out, just in case I get stopped again by that same officer... I also have his supervisor's phone number as a backup...
(Even though his supervisor told me, "not to throw his name around" as it might "aggravate" the situation...)

But it's nice to have it...

Just remember tho, that still doesn't stop them from stopping me or watching me as I ride through that town and pounce on me for any little thing..

Like I said before, thankfully, I don't ride through/in that town too often....
 
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