Pulled over and Arrested in Cocoa, Fl

GoldenMotor.com

biknut

Well-Known Member
Sep 28, 2010
6,653
475
83
Dallas
So the reality of cop prejudice finally hit home this week. After reading of Ron Bs ordeal I have decided to fight it in Brevard co court.

Monday afternoon I rode by a traffic stop where several county cop cars had pulled someone over. Seemed excessive but I decided it might be a drug related thing and motored past about 25 mph. Up and over the bridge I go and when I get to the bottom of the bridge I hear the blue lights and siren behind me. So I pull over and pull out my page of definitions from the 2011 Florida statutes with the appropriate sections highlighted.

Cops pulled out their reference booklet and decided I was illegaly operating an unliscenced motorvehicle while in possession of a suspended drivers liscence.

WARNING! If your liscence is suspended mail it to the DMV immediately, do not have it on you! Its a misdemeanor the dick cops will use against you.

So they booked me into the county Jail and the next morning the Pretrial release judge couldnt believe I was there and immediately dropped the $1500 bond to zero and signed the release order. I was let go more than 15 hours later at Midnight Wed morning, rediculous. Apparently if I am an inmate by Midnight, the jail gets to count me as a resident for another day and charge the state for it. Beware, Jail was not fun!!!

Anyways, will keep it updated. usflg
If they charged you with possessing a suspended drivers license, there's not much you can do about that if it's against the law.

If it's for riding a motor vehicle with a suspended license you can probably beat that.

When you get to court, inform the judge that in Florida all motor vehicles are considered self propelled. Your motor bicycle isn't self propelled because you must pedal it away from a stop to get it moving, so therefore it doesn't fit the description of a motor vehicle.
 

biknut

Well-Known Member
Sep 28, 2010
6,653
475
83
Dallas
Forget the "self propelled" argument.. It don't think or know if it will hold up for you...

I think, the "Generally recognized as a bicycle" argument would work MUCH better..
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The self propelled argument is the only one that will work, and is proven to work.
 

biknut

Well-Known Member
Sep 28, 2010
6,653
475
83
Dallas
So the def of motorvehicle is "Any self propelled vehicle...." My engine assisted bicycle isnt self propelled, it takes human power to get it to work. That sort of argument?
I had already seen that tl-10 document just didnt remember thats what it was.
Exactly. This is the only argument that will work. When you inform the judge of your intention to use this defense, he will probably dismiss the ticket rather than let it go to trial.
 

SpecialX

New Member
May 1, 2012
137
0
0
Florida
Edit: removed comment as I sent it to pickle fish and didn't want the information disseminated to someone that might try to use it against pickle in court..

P.S. pickle... Do NOT discuss any more of your case in an open forum as prosecutors can also look online and see what kind of defense you are mounting...
 

picklefish

New Member
Mar 25, 2013
146
0
0
Merritt Island, Florida
I requested a public pretender and the initial pleading was rescheduled for July 11th. I just recieved the court order reinstating my drivers liscence so I can go down and get that for $60..And Ive been hired as a assistant store manager to the Wendys here on the Island so 8 months of not working has come to an end. thats all thats new in this zoo.
 

biknut

Well-Known Member
Sep 28, 2010
6,653
475
83
Dallas
I requested a public pretender and the initial pleading was rescheduled for July 11th. I just recieved the court order reinstating my drivers liscence so I can go down and get that for $60..And Ive been hired as a assistant store manager to the Wendys here on the Island so 8 months of not working has come to an end. thats all thats new in this zoo.
Since you have a lawyer you'll probably lose. He'll be planning to take a dive as fast as he can. You better tell him what you want to do, or you're sunk.
 

picklefish

New Member
Mar 25, 2013
146
0
0
Merritt Island, Florida
I fired the public defender today, what a joke they are. He was actually surprised I came prepared and refused to defend the case as I wanted it to be defended. Instead actually told me if I didnt like it I could defend myself. The only two questions he kept asking was "did I have my liscence back yet and how fast could the bike go?" really? That already shows me his mindset isnt to argue or defend but to simply make a deal. Ive got a 30 day continuance till my next court appearance where I tell the Judge Im defending myself and to please dismiss the charges. Wonder how she will take that? Its no longer about the law anymore, the lawyers are all about mitigating losses and damage control, what a joke!
 

Desert Rat

New Member
Jul 30, 2012
565
9
0
Apache Junctoin Az
Same as doctors nowadays, There is no room for 2 masters
either it's the Hippocratic oath or it's the government, they now choose the
government shredding the Hippocratic oath!!!!!
 

SpecialX

New Member
May 1, 2012
137
0
0
Florida
I fired the public defender today, what a joke they are. He was actually surprised I came prepared and refused to defend the case as I wanted it to be defended. Instead actually told me if I didnt like it I could defend myself. The only two questions he kept asking was "did I have my liscence back yet and how fast could the bike go?" really? That already shows me his mindset isnt to argue or defend but to simply make a deal. Ive got a 30 day continuance till my next court appearance where I tell the Judge Im defending myself and to please dismiss the charges. Wonder how she will take that? Its no longer about the law anymore, the lawyers are all about mitigating losses and damage control, what a joke!
Did ya get that letter I told you to get?
(Vague on purpose)
 

worksmanFL

New Member
May 25, 2010
579
0
0
Palm Coast, FL
I fired the public defender today, what a joke they are. He was actually surprised I came prepared and refused to defend the case as I wanted it to be defended. Instead actually told me if I didnt like it I could defend myself. The only two questions he kept asking was "did I have my liscence back yet and how fast could the bike go?" really? That already shows me his mindset isnt to argue or defend but to simply make a deal. Ive got a 30 day continuance till my next court appearance where I tell the Judge Im defending myself and to please dismiss the charges. Wonder how she will take that? Its no longer about the law anymore, the lawyers are all about mitigating losses and damage control, what a joke!
Hi Picklefish!

Whats the good news on your trial?

Hope all went well!

I/ we are all anxious to know the story.

Thanks :)
 

woogie_man

New Member
Aug 9, 2013
223
0
0
Fargo, ND
Holy crap are they dragging this on. Really should have been an in and out thing from what it sounds like. Though I suppose they need some kind of income from you first before they cut you loose.


Good luck though man.
 

maniac57

Old, Fat, and still faster than you
Oct 8, 2011
4,484
22
0
memphis Tn
Typical "Justice" being served.
See why I get so worked up by police abusing power?
NEVER will I register or pay to ride my bicycle.
NEVER!!!
 

RonB

New Member
Jan 30, 2011
82
0
0
Largo florida
I fired the public defender today, what a joke they are. He was actually surprised I came prepared and refused to defend the case as I wanted it to be defended. Instead actually told me if I didnt like it I could defend myself. The only two questions he kept asking was "did I have my liscence back yet and how fast could the bike go?" really? That already shows me his mindset isnt to argue or defend but to simply make a deal. Ive got a 30 day continuance till my next court appearance where I tell the Judge Im defending myself and to please dismiss the charges. Wonder how she will take that? Its no longer about the law anymore, the lawyers are all about mitigating losses and damage control, what a joke!
Are you still going to traffic court or are you in superior court? ????