James912
Member
Hellsya! I'd jump a bridge if u told me to! Your our hero!! As the song says, well kind: You fought the law and.....YOU WON!!! LOL!!! Instead of i fought the law and the law won.
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FL
- Thread starter James912
- Start date
Hellsya! I'd jump a bridge if u told me to! Your our hero!! As the song says, well kind: You fought the law and.....YOU WON!!! LOL!!! Instead of i fought the law and the law won.
biknut
Well-Known Member
I'm pointing out a defense that will probably work for a no license, or no registration ticket. What other defense besides mine do you recommend?
biknut
Well-Known Member
James what happened in court?
biknut
Well-Known Member
I do keep going on about my defense. Actually it's not mine, I just glommed it off the net, but I think paulapaxton has actually showed us all the way.
The only real difference I can see between Florida and Texas MB law is, in Texas the cops have backed away from writing no registration / no license tickets to MBs, but in Florida that have not. Not yet anyway.
Paula didn't have to put up much of a defense. I not sure she even has one. All she did was plead not guilty. It's the states job to prove you're guilty, and they apparently couldn't, or wouldn't try. That's the same thing that's been going on in Texas for a while now.
The only real difference I can see between Florida and Texas MB law is, in Texas the cops have backed away from writing no registration / no license tickets to MBs, but in Florida that have not. Not yet anyway.
Paula didn't have to put up much of a defense. I not sure she even has one. All she did was plead not guilty. It's the states job to prove you're guilty, and they apparently couldn't, or wouldn't try. That's the same thing that's been going on in Texas for a while now.
Arnett Motor Bikes
New Member
i am pretty sure that is what's going on. the office of Rep Matt Gaetz told me that the bill is being constructed now and the changes are going to the house to be approved and then sent to Gov Scott for signature in to law. What I did on my end is I sent an email to Gov Scott's office requesting the bill be passed into law to allow for the gas powered bicycles. What I ask of everyone on here from Florida is to do the same thing. The more people that write him showing interest in having the gas powered bicycles might help our cause. Here is the link to contact him.
Florida Governor Rick Scott - Email the Governor
This is how we lobby to make this happen, by contacting the law makers directly and voicing our concern. Let's make this happen. It will take everyone on here less time to write and send this email then it would to get your kids into bed at night. Also find your local district rep and email them. here is the list of reps in the state.
Florida House of Representatives - Representatives
if you know where their office is located, take time to go over and talk with them on the issue. These are the things I have been doing for the last couple of months and it seems to be working. The time couldn't be more right for all of us to contact them, when they are constructing the bill. Remeber one thing!! There are only 120 Reps in the state of Florida and there is almost 19 million people that live and work in Florida. We out number them so our voice will be louder in numbers if we act now. With the day and age of computers this will be the fastest way to get our voice heard by the law makers. I do hope you all join me in the pursuit.
Florida Governor Rick Scott - Email the Governor
This is how we lobby to make this happen, by contacting the law makers directly and voicing our concern. Let's make this happen. It will take everyone on here less time to write and send this email then it would to get your kids into bed at night. Also find your local district rep and email them. here is the list of reps in the state.
Florida House of Representatives - Representatives
if you know where their office is located, take time to go over and talk with them on the issue. These are the things I have been doing for the last couple of months and it seems to be working. The time couldn't be more right for all of us to contact them, when they are constructing the bill. Remeber one thing!! There are only 120 Reps in the state of Florida and there is almost 19 million people that live and work in Florida. We out number them so our voice will be louder in numbers if we act now. With the day and age of computers this will be the fastest way to get our voice heard by the law makers. I do hope you all join me in the pursuit.
James912
Member
People, so far all has been well. Yesterday, i went to my appointment with the public defender. He said i needed to get a letter from the dmv stating that they do not register it.l So, this morning i went to the dmv. I told the the lowdown, and what i needed and gave them a picture of my bike so they could see it. They had this same issue just weeks before and had called the head dmv office and they told this local dmv office that they sand by what the TL-10 document said. They gave me the page of the TL-10 document that i had read to the cop. I told the lady, i took that to court and i need that signed or stamped by someone in the dmv so the public defender will have solid proof that the dmv stands by that document. Sure enough. she takes that sheet into a office and gets the tax collector to stamp it, she dates it, writes "dmv procedures" on it, and gets the state notary that works there to stamp it and now, the next and final step is to go to court on the 19th and the ticket will be dropped. The public defender said that he would tallk with the state attorney and see if he can get the ticket thrown out wednesdayIas in tomorrow) when he gets a chance to talk with him. Heres the document
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worksmanFL
New Member
People, so far all has been well. Yesterday, i went to my appointment with the public defender. He said i needed to get a letter from the dmv stating that they do not register it.l So, this morning i went to the dmv. I told the the lowdown, and what i needed and gave them a picture of my bike so they could see it. They had this same issue just weeks before and had called the head dmv office and they told this local dmv office that they sand by what the TL-10 document said. They gave me the page of the TL-10 document that i had read to the cop. I told the lady, i took that to court and i need that signed or stamped by someone in the dmv so the public defender will have solid proof that the dmv stands by that document. Sure enough. she takes that sheet into a office and gets the tax collector to stamp it, she dates it, writes "dmv procedures" on it, and gets the state notary that works there to stamp it and now, the next and final step is to go to court on the 19th and the ticket will be dropped. The public defender said that he would tallk with the state attorney and see if he can get the ticket thrown out wednesdayIas in tomorrow) when he gets a chance to talk with him. Heres the document
Niice!
Please let us know the official outcome.
CroMagnum
Member
You made a huge mistake. The place to argue your case is not on the side of the road, but in front of the judge.
By trying to "educate" the cop at the scene, you basically telegraphed your whole argument and allowed the cop to not only try and come up with a better ticket with absolutely no mistakes, you also tipped him off to your planned defense so he can be better prepared in court. Plus, now that you've made a huge deal about what should have been a simple ticket, he's going to make notes about every aspect of the incident that he can use at trial. Cases like this are won or lost on the details, so the fewer details the cop can testify about helps you out tremendously.
A much better approach would have been to let the cop write a simple "riding a moped without a license" ticket. Then, when he shows up in court expecting only to testify on the fact that you didn't have a license, you blindside him with all the legal definitions in the statutes and contradictory laws. He'll be caught off guard and unprepared, and you'll steamroller right over him in front of the judge, easily winning your case.
People have to learn when dealing with law enforcement, whether it's a traffic ticket or a felony, just keep your mouth shut and let the cop take all the shortcuts and make all the mistakes he wants to, and worry about pleading your case later in court. You'll have a much better chance of winning. Any information you give the cop at the scene will absolutely not help you at all. It will only hurt you.
biknut
Well-Known Member
People, so far all has been well. Yesterday, i went to my appointment with the public defender. He said i needed to get a letter from the dmv stating that they do not register it.l So, this morning i went to the dmv. I told the the lowdown, and what i needed and gave them a picture of my bike so they could see it. They had this same issue just weeks before and had called the head dmv office and they told this local dmv office that they sand by what the TL-10 document said. They gave me the page of the TL-10 document that i had read to the cop. I told the lady, i took that to court and i need that signed or stamped by someone in the dmv so the public defender will have solid proof that the dmv stands by that document. Sure enough. she takes that sheet into a office and gets the tax collector to stamp it, she dates it, writes "dmv procedures" on it, and gets the state notary that works there to stamp it and now, the next and final step is to go to court on the 19th and the ticket will be dropped. The public defender said that he would tallk with the state attorney and see if he can get the ticket thrown out wednesdayIas in tomorrow) when he gets a chance to talk with him. Heres the document
That's great James.
This is why I question why you guys want to bother changing the law. You already got all the law you need. Making changes might not end up better than the way it is now, because right now you're free.
No matter how many laws you get written, a cop can still pull you over and write you a ticket. Getting a conviction is a different story, like I said in the first place.
James912
Member
Definitely will do! This will be 2 cases in the same judicial circuit that have been won! WOOP! Progress. Glad Jeff has been busy submitting the petition. We've got this! Keep up the good work y'all! Don't back down. The law will hopefully will be passed between now and summer of next year.
The law will hopefully will be passed between now and summer of next year.
Fulltimer
New Member
The police in Florida don't try cases. The state attorney does it. All the police do is state that he was driving without a license on such and such date and location. As far as changing the law goes, it will be much better. As it is right now the offending law only states an electric helper motor. In the change the word "electric" will be dropped. Then it will just say "helper motor". If someone wanted to construct a steam engine on a bike it would be legal because it is a "helper motor".
I'm not trying to start an argument. I just wanted to point out a couple of things.
Terry
I'm not trying to start an argument. I just wanted to point out a couple of things.
Terry
biknut
Well-Known Member
The only offending law is in you guys heads. There is no law for gas powered MBs in FL.
All I'm saying is right now, I think you're better off with no law, because you don't know kind of stupid rule some dumbass politician might put in it, like a 20 mph speed limit. Right now you don't have any of that crap for gas powered mbs, only electric.
Fulltimer
New Member
You really should stay out of Florida laws discussions as you have no vested interest in it.
The problem with the way it is right now is very simple. There is a police department that has pulled over a rider of a gas powered bicycle, at last count, nine times. There are some other riders that have been pulled over. As long as the current law is on the books this will continue. They (the police) have to know the case will be thrown out but that hasn't stopped them yet. It is very close to harassment. So what if there is a 20mph speed limit? I can live with that. These are not motorcycles after all.
BTW biknut, you can make your come back at what I'm saying. That is your right. But as far as this thread goes I will not make any come backs directed at you. So go ahead.
Terry
The problem with the way it is right now is very simple. There is a police department that has pulled over a rider of a gas powered bicycle, at last count, nine times. There are some other riders that have been pulled over. As long as the current law is on the books this will continue. They (the police) have to know the case will be thrown out but that hasn't stopped them yet. It is very close to harassment. So what if there is a 20mph speed limit? I can live with that. These are not motorcycles after all.
BTW biknut, you can make your come back at what I'm saying. That is your right. But as far as this thread goes I will not make any come backs directed at you. So go ahead.
Terry
biknut
Well-Known Member
I'm thinking you need to chill out and watch my movie lol. Pay attention to the encounter at the end.
Acid Trip Safari - YouTube
Fulltimer
New Member
Definitely will do! This will be 2 cases in the same judicial circuit that have been won! WOOP! Progress. Glad Jeff has been busy submitting the petition. We've got this! Keep up the good work y'all! Don't back down.
Good luck! I'll have my fingers crossed for you!
Terry
biknut
Well-Known Member
It doesn't matter. It you don't need one, you don't need the other. In other words, if the vehicle in question doesn't require registration, then you don't need a DL to ride it.
And why is that? Because the state can't prove it's self propelled. Only self propelled vehicles are considered motor vehicles in Fl.
Good luck!!
By the way...
Can you tell us your "story" as to what you were riding exactly and the specifics as to what the tickets were for and as James stated, don't give in and accept them "dropping the charges" or they WILL say, you can't ride it and/or the cops will give you tickets AGAIN, and have to go to court and deal with it all over again.