Pulled Over in Grant Florida

TeddyB

New Member
Jan 19, 2008
50
0
0
75
alto michigan
A Cop was going to make me pedal home today until I showed him my michigan registration! He first told me I was illegan in florida and i wasent a moped (like i dident know that) he then politely said he would recognize my Michigan registration and have a nice day but expect to be pulled over again.

Dozens of Motorcycles were zipping by with helmetless drivers and he was going to mess with me. Go figure!! :confused:

Ted
 

RedB66

Active Member
Dec 28, 2007
1,023
1
38
Sunshine State
I think the cop must have been having a bad day. There are specific laws in Florida pertaining to "Motorized Bicycles". I live in Gainesville, FL. "Pedal Assisted" is the key word. These are still technically "Bicycles". I haven't had any trouble yet (as I'm knocking on wood) either with the county officers, city cops or University cops. The U of Florida cops are the worst!!
 

thatsdax

Member
Feb 22, 2008
869
2
16
www.thatsdax.com
Sounds like he was having a bad day..And .. Remember..these are NOT Motorized. These are Motor Assisted.. Not Motorized. Motor Assisted Bicycle. Not a Motorized Bicycle. Big difference. Thanks.. Enjoy the ride...
 

Norman

LORD VADER Moderator
Jan 16, 2008
2,605
2
38
68
pampa texas
From what I've read a motor is electric and an engine is fuel feed. So if the laws refer to motor assisted its electric and if gas its an engine assisted bicycle and the key word to it all is assisted not powered or driven. Do you all agree? Texas laws address only motor assisted last time I tried to figure it out, and I do mean tried. Last summer it was ok to ride these bikes and I had a letter form the div. of motorcycle safety I misplace the letter and guess what the laws sort of changed as the lady now in charge says as there is no laws pertaining to an engine assisted bicycle then they can not be allowed on any public road?! Good thinking right? So far the Highway Patrol has gave us their blessings and only stopped us once to look them over I offered to let him ride it but he declined I think cause he was afraid he'd want one cause I warned him he would. some day we will get all this figured out I hope so we can enjoy a engine and a motor assisted bicycle with out any of the hassle of reg. ins. etc. I almost forgot in Fl. the police said the motor assisted and engine assisted bikes were in a gray area for the time being and he would only arrest someone if they were acting stupid or causing trouble on a assisted bike I was at Jupiter Beach and shooting the bull with a very nice officer there. I did get a good sun burn while there as well.
Ride it like you stole it.rotfl
 

Dave31

Active Member
Mar 1, 2008
11,204
29
38
Aztlán, Arizona
I got pulled over here in Tucson for going 22 or 23mph I dont remember. We have a speed limit of 20mph. But check this out: I had no chain!! My chain tensioner had broke off so I removed the link so I could pedal home. The cop said it doesnt matter if I am pedaling or under engine power, my bike is a motorized bike so even if I pedal I have to stay under 20mph.
He did not give me a ticket, just told me to stay under 20mph. Now is that stupid or what? The way I see it, if I'm pedaling its a bicycle, if I'm using my motor, its a motorized bike. I guess they dont see it that way.
 

Norman

LORD VADER Moderator
Jan 16, 2008
2,605
2
38
68
pampa texas
I wonder if there were laws about speeding in the horse and buggy days? What were some of those laws? I know one, if you stole a horse you went swinging and not the fun kind.:confused:rotfl
Norman
 

efinitylove

New Member
Aug 15, 2008
3
0
0
Here is what I found. In Florida you are legal to use motorized bicycle

Florida Department of Transportation

under Section 316.003(2), F.S.
Definition of "Bicycle"

However has limited of 20 MPH

I live in Boynton Beach Florida. I think I going to print this with me. Just in case the police pull me over. :D
 

lennyharp

New Member
Jul 19, 2008
429
1
0
Mesa Arizona
All the racers riding 30 mph are ok pedaling but you are not at 23 mph?.! Now that cop needs something to do like being a border guard or something. He probably thinks that is none of his business. Well we know it is just about raising taxes without calling them taxes, but fines. The police are very creative with their fund raising and no better at controlling their spending than any other part of the majority of cities.
 

deacon

minor bike philosopher
Jan 15, 2008
8,117
3
0
north carolina
I love that the cop stopped you for pedaling too fast. Most likely the truth is he stopped you to look at the bike lol. He thought you were under power and didn't want to admit that he was a wrong.

It is VERY VERY hard to get the average cop to write a traffic ticket. He writes you a penny ante ticket and then he has to go sit in court if you decide to fight it.

Now traffic cops live for that crap. But they want to get you dead bang as well. They want to get you running a red light or doing fifty in a 25 so they can get you to send in your money. They also have court days when they are going to sit around all day and testify so they just work you in lol.

True story: when I was a cop way back in the day. My trainer and I went out to set up a radar trap because the mayor got passed on the way to work. She figured the kid who passed her was doing a hundred miles an hour. So we set the radar beeper up for 40 mph in a 35mile zone. It beeped in five minutes. We ran the guy down wrote him a ticket for 45 in a 35 then went back and set the radar to beep at 45 mph. It beeped again about twenty minutes later. We did the same thing but the ticket was 48 in a 35. Then we went back and set it up for 55 mph. Hey we had written the mayor's ticket and we were ready to go back to being cops.

Most if not all the traffic tickets I ever wrote were for people who failed the attitude test. I know that sucks, but the truth is cops are just human being in disguise.

This might have all changed in thirty years but I doubt it. Human nature is most likely the same
 
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RB44

New Member
Apr 19, 2012
15
0
0
Pinellas park Floorida
Going to court next week" 4/26/12

yup" I was stopped by Pinellas park,Fl police and cited for operating a motor vehicle with no DL and having a motor vehicle on the sidewalk! I was temporarily on the side walk coasting because there was no room in the street and no bike lane to ride in" so I intend to plead not guilty because as I understand it these are NOT classified as Motor vehicles and are NOT required to be registered by the state of Florida. I will let you all know what happens" Otherwise if you do not here back from me It will likely be that I`am in Jail since I have been unemployed for over 2 yrs I cannot pay these fines anyway . Funny I have been riding this every day for the last 5 yrs and had no problems until i got to Pinellas park.
 

thegnu

New Member
Sep 15, 2011
982
0
0
freedom pa
From what I've read a motor is electric and an engine is fuel feed. So if the laws refer to motor assisted its electric and if gas its an engine assisted bicycle and the key word to it all is assisted not powered or driven. Do you all agree? Texas laws address only motor assisted last time I tried to figure it out, and I do mean tried. Last summer it was ok to ride these bikes and I had a letter form the div. of motorcycle safety I misplace the letter and guess what the laws sort of changed as the lady now in charge says as there is no laws pertaining to an engine assisted bicycle then they can not be allowed on any public road?! Good thinking right? So far the Highway Patrol has gave us their blessings and only stopped us once to look them over I offered to let him ride it but he declined I think cause he was afraid he'd want one cause I warned him he would. some day we will get all this figured out I hope so we can enjoy a engine and a motor assisted bicycle with out any of the hassle of reg. ins. etc. I almost forgot in Fl. the police said the motor assisted and engine assisted bikes were in a gray area for the time being and he would only arrest someone if they were acting stupid or causing trouble on a assisted bike I was at Jupiter Beach and shooting the bull with a very nice officer there. I did get a good sun burn while there as well.
Ride it like you stole it.rotfl
leave it to norm to find the technicality , but he is right motors are electric an gas is an engine .
 

Joshuacool

New Member
Apr 19, 2012
15
0
0
47
planet eatrh
Sorry about how u been treated. This Is why I left florida and cali a few years ago. police not known to be friendly to motored bikes or people In general. I wish you the best and hope you dont go to jail.
 

RB44

New Member
Apr 19, 2012
15
0
0
Pinellas park Floorida
Re: Going to court next week" 4/26/12

yup" I was stopped by Pinellas park,Fl police and cited for operating a motor vehicle with no DL and having a motor vehicle on the sidewalk! I was temporarily on the side walk coasting because there was no room in the street and no bike lane to ride in" so I intend to plead not guilty because as I understand it these are NOT classified as Motor vehicles and are NOT required to be registered by the state of Florida. I will let you all know what happens" Otherwise if you do not here back from me It will likely be that I`am in Jail since I have been unemployed for over 2 yrs I cannot pay these fines anyway . Funny I have been riding this every day for the last 5 yrs and had no problems until i got to Pinellas park.
Bad day in Kangaroo court" Yep' Went to court today with my attorney and plead not guilty to both charges` judge William Overton upheld the charges while completely ignoring the Fl Statute as written by stating (I Quote) if has a motor on it? it`s a motor vehicle" he looked at my lawyer and said do what you have to do" so we appealed the case to a pretrial hearing scheduled for June 12th 2012 and if not worked out their we will have a jury trial. my attorney was absolutely astonished with the judges attitude' he intends to bug the prosecuting attorneys office before the pretrial hearing and believes they will dismiss the case but personally I would like to see it go all the way to trial and eventually get a not guilty finding so I could then sue the police dept /the officer and the judge for there ignorance and abstract view of the laws. i will keep you all posted! until then I still ride every day! I just keep my legs moving
 

James912

Member
Apr 12, 2011
586
0
16
29
Florida
I doubt you'll be able to sue. That doesn't fix anything. Check out the link in my sig. I used that doc to win(adjudication) my court case.
 

RB44

New Member
Apr 19, 2012
15
0
0
Pinellas park Floorida
I doubt you'll be able to sue. That doesn't fix anything. Check out the link in my sig. I used that doc to win(adjudication) my court case.
I looked at your document" it does not do any good if the judge is not interested in seeing it or the Florida statutes. i did a search of your court case and came up with nothing, what county was it in? i don`t know why you think one cannot sue? i have done it before and won even though my farther though the same thing, My lawyer does not see a problem with it ` anyway I want to recover my fees and set and example!
 

rustycase

Gutter Rider
May 26, 2011
2,746
0
0
Left coast
From my personal experience, here is what you must learn to recognize.

Enforcement is all about a tax grab and the law enforcement growth industry, as some folks have described it.

The enforcement fellow on the street enjoys his ez life and doesn't want to have to work for a living. The fellow who gave you the decision is nothing more than an administrative clerk who also enjoys a cushy job, and well paid, at that.

Everyone in the system is there to enforce compliance so they can maintain their own niche. The clerk has forced you into the expense of an appeal to the next higher court.
They will do the same thing. Protect their members in the lower ranks.

After much expense, if you can afford it, you may eventually reach some higher court which will remand the matter to a lower court on technical issues, without a decision ever being reached. The local prosecuting attorney will simply not pick up the case again. You'll hang in limbo.

Yet a fine will have been adjudicated, and you must pay it or be in contempt of the court. THAT, is punishable by incarceration.
Under well established precedent of law, a tax must be paid before you can file a case for recovery of damages... (paying that tax)

It makes no sense, and may be done differently in your part of the system, because there is no legitimacy in any claim to infringe upon your freedom to travel on personal business.

Possibly the best way to deal with the situation is to get some local legislator to champion your cause and draw up some statute that will recognize low powered conveyances operated at bicycle speeds to be below a level subject to inspection, regulation, and taxation.

The one fellow in FL was apparently successful in making some headway, but that doesn't necessarily mean it will trickle down to the curbside at any time in the future.

Control and regulation are insidious and pervasive.

Good luck to you
rc