It doesn't require human power to operate your bicycle, it's required to START the engine..
You, twisting the throttle with your hand, would not constituteuu "human power" anyways...
I have emailed the DMV person about this issue and see what they say, in the morning..
In Ron's case, they wouldn't allow the DMV document, either as physical evidence, nor anecdotal evidence. That's the main problem he had...
I don't see how a judge can not allow evidence that the DMV actually puts out as information regarding bicycle and gas engine kits and registration, as the DMV is the one that administrates it!
That's going to be your biggest hurdle!
And that's why I asked about pre-trial motions, if that's even possible..
Because if they don't allow that FLHSMV information, you're pretty much screwed.
The self propelled argument and/or the "motorized bicycle as defined in s316.003(2)" won't and can't help you either.
That DMV document is the key. Without that.. You might as well bend over and take it. LOL
If you think they're interested in justice, you'd be mistaken, they're interested in how much money, in fines and court costs, they can extort from you.
In my opinion, your only other recourse, if they don't allow that document, would be the fact of the conflicting information in the various statutes and by that very nature, should cast reasonable doubt on any jury.
Seriously, have a very long discussion with your public defender / lawyer about ALL your options.
Maybe he can come up with even more options..
You, twisting the throttle with your hand, would not constituteuu "human power" anyways...
I have emailed the DMV person about this issue and see what they say, in the morning..
In Ron's case, they wouldn't allow the DMV document, either as physical evidence, nor anecdotal evidence. That's the main problem he had...
I don't see how a judge can not allow evidence that the DMV actually puts out as information regarding bicycle and gas engine kits and registration, as the DMV is the one that administrates it!
That's going to be your biggest hurdle!
And that's why I asked about pre-trial motions, if that's even possible..
Because if they don't allow that FLHSMV information, you're pretty much screwed.
The self propelled argument and/or the "motorized bicycle as defined in s316.003(2)" won't and can't help you either.
That DMV document is the key. Without that.. You might as well bend over and take it. LOL
If you think they're interested in justice, you'd be mistaken, they're interested in how much money, in fines and court costs, they can extort from you.
In my opinion, your only other recourse, if they don't allow that document, would be the fact of the conflicting information in the various statutes and by that very nature, should cast reasonable doubt on any jury.
Seriously, have a very long discussion with your public defender / lawyer about ALL your options.
Maybe he can come up with even more options..
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yea after following all the posts