Pulled Over in Grant Florida

[miked826]

What is stated is that it is considered an "off road" vechicle and state law applies.

He was nailed for the first statute but not the second one.

Florida Statute:

s. 316.1995 – Driving upon Sidewalk or Bicycle Path

No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

s. 322.01 Definitions – As used in this chapter:

(27) “Motor vehicle” means any self-propelled vehicle …. excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003

http://flbikelaw.org/2011/06/motorized-bicycles-5/

 

[SpecialX]

He hasn't stated that yet...
I'm curious to hear the entire story as to what the cop said and what he said..
He still hasn't said whether the motor was running or not when he got pulled over
He also said that the jury decided that it was a motor vehicle, even though that doesn't really mean anything in my book.

 

[SpecialX]

I would also find out, if the prosecution spoke with the judge about the DMV document before the trial.. That would be a breach of ethics and the prosecutors and the judge can get into a LOT of trouble for that.

 

[miked826]

I would also find out, if the prosecution spoke with the judge about the DMV document before the trial.. That would be a breach of ethics and the prosecutors and the judge can get into a LOT of trouble for that.

He would have had a fighting chance in court had he just killed the motor before hitting the sidewalk or seeing the cop coming his way.

The word "operating" is also legal term meaning, "With the engine running".

 

[Mike B]

Never a good idea to ride on sidewalks. Not even with pedal bikes.

SideWALKS are for walking.

I had a kid run into me once on a bike while I was walking on the sidewalk. He fell over. I felt like kicking his face in and jumping on his spokes.

That's why they are known as sideWALKS.

If you where supposed to RIDE on them they would be called sideRIDES

 

[miked826]

Never a good idea to ride on sidewalks. Not even with pedal bikes.

SideWALKS are for walking.

I had a kid run into me once on a bike while I was walking on the sidewalk. He fell over. I felt like kicking his face in and jumping on his spokes.

That's why they are known as sideWALKS.

If you where supposed to RIDE on them they would be called sideRIDES

I agree, even though every city has different rules for riding a bike on a sidewalk. Some allow it some don't and cities around LA bleed into each other without any warning that you just left one city and entered another city.

 

[miked826]

Never a good idea to ride on sidewalks. Not even with pedal bikes.

SideWALKS are for walking.

I had a kid run into me once on a bike while I was walking on the sidewalk. He fell over. I felt like kicking his face in and jumping on his spokes.

That's why they are known as sideWALKS.

If you where supposed to RIDE on them they would be called sideRIDES

It's one thing to ride a bicycle on the sidewalk. It's a whole other thing to ride a motorized bicycle on the sidewalk. LOL

 

[Mike B]

Yup.

If someone ran into me with a motorbike on the sidewalk I would think he was trying to kill me (assult with a deadly weapon) and take the required steps to make sure he never did that again.

That's what the cops do when someone tries to run them over, they pull out their guns and shoot 'em dead.

 

[miked826]

Yup.

If someone ran into me with a motorbike on the sidewalk I would think he was trying to kill me (assult with a deadly weapon) and take the required steps to make sure he never did that again.

That's what the cops do when someone tries to run them over, they pull out their guns and shoot 'em dead.

LOL If the intent was there then you're probably right. The term "deadly weapon" covers a whole lot of things I'm guessing, especially if it's aimed directly at you.

 

[miked826]

Yup.

If someone ran into me with a motorbike on the sidewalk I would think he was trying to kill me (assult with a deadly weapon) and take the required steps to make sure he never did that again.

That's what the cops do when someone tries to run them over, they pull out their guns and shoot 'em dead.

I'm curious as h3ll as to what exactly, officially, he was found guilty of.

 

[Mike B]

It was a long time ago. I was ~15, the kid was like 9. I was walking on the sidewalk and I saw him coming, so I moved over right to the edge and he clipped me with the handlebar, wheel cocked into the sidewalk and he went down on the grass.

So, my arm is hurting and I really did think about hurting him and his bike bad. I stood over him and said lots of bad stuff and walked away.

He was just a kid. Probably had stupid parents who told him not to ride in the street. Why do you think there are all these "no skateboards" signs everywhere? Crazy idiots are running into people.

 

[miked826]

It was a long time ago. I was ~15, the kid was like 9. I was walking on the sidewalk and I saw him coming, so I moved over right to the edge and he clipped me with the handlebar, wheel cocked into the sidewalk and he went down on the grass.

So, my arm is hurting and I really did think about hurting him and his bike bad. I stood over him and said lots of bad stuff and walked away.

He was just a kid. Probably had stupid parents who told him not to ride in the street. Why do you think there are all these "no skateboards" signs everywhere? Crazy idiots are running into people.

LOL Yeah normal sized sidewalks are no place for any bike, motored or not but we got some sidewalks in LA that are actually wide enough to drive a Mack truck on. Super wide but only in certain areas of LA, plus NOBODY walks out here ever. If they gotta go 2 blocks then they drive those two blocks in a car.

 

[RonB]

You can tell that to the judge yourself if you find yourself there! there is no argument or you will be in contempt! As i stated before what you guys do with this decision from the jury is your business! You can always spend all your money on and attorney if you want to? maybe you will be luckier than I who knows?

 

[RonB]

He was nailed for the first statute but not the second one.

Florida Statute:



s. 322.01 Definitions – As used in this chapter:

(27) “Motor vehicle” means any self-propelled vehicle …. excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003

http://flbikelaw.org/2011/06/motorized-bicycles-5/

you did not finish it! motorized bicycles with and electric helper motor with no more than a 750 watt motor and top speed of 20 mph! that is actually a federal law passed by Congress in 2001!

 

[miked826]

you did not finish it! motorized bicycles with and electric helper motor with no more than a 750 watt motor and top speed of 20 mph! that is actually a federal law passed by Congress in 2001!

That's all great an all but it doesn't apply to his bike specifically so there was really no need to put that tidbit of info here. We're talking about gas powered bicycles. The cop wouldn't have a given him a second look had it been an electric bike. LOL

 

[RonB]

Maybe I'm not stating it correctly? Or you're being evasive, whether you realize it or not..
What were the statutes, you were accused of breaking and ultimately found guilty of?
Stating "316" is EXTREMELY vague as that encompasses about 1,400+ statutes.
What were the statute numbers exactly?

What does it matter? Motorized bicycles are considered MOTOR VEHICLES! Do Not drive one unless you have a drivers license! end of story!

 

[SpecialX]

Why don't you just tell us what statutes you were convicted on? Why is it so difficult to answer that question?
I know about the sidewalk one...
316.1995.

What was the other one?

 

[SpecialX]

I would LOVE to get a transcript of the case...
Can you ask your lawyer to get a copy of it?

 

[SpecialX]

Oh and if it WAS a jury trial and WAS a jailable offense, why can't you ask for an appeal?

 

[RonB]

Oh and if it WAS a jury trial and WAS a jailable offense, why can't you ask for an appeal?

I have stated that several times in here! You cannot get a jury trial for a case that does not get you jail time if convicted! since the Da filed a motion stating they are not seeking jail time the charge becomes a misdemeanor No jail time if convicted! you do get to appeal that!