Ticket in Boise Idaho

M

motorhead007

New Member
I got pulled over in Boise on Excecutive and Fivemile and got a ticket for DWP . I am now going to my 2nd pretrial conference meeting on November 17 at 8:15am. I was on a bicycle with a 49cc motor and didnt break any traffic laws but was simply pulled over because I had a motor on the bike. I need to get the specs and a picture of a 49cc motor for my attorney ASAP. If anyone can help me I would appreciate it . As for They want to suspend my Drivers License for another year for dwp. My attorney said that I would be setting the standards For all the others to come.. So lets not let them change the laws on motor-bicycling !.we.
 
What happened with this? Charges dismissed? Prosecuters decide not to procceed? Bound over for trial?

What?.duh.
 
motorhead007 said:
I got pulled over in Boise on Excecutive and Fivemile and got a ticket for DWP . I am now going to my 2nd pretrial conference meeting on November 17 at 8:15am. I was on a bicycle with a 49cc motor and didnt break any traffic laws but was simply pulled over because I had a motor on the bike. I need to get the specs and a picture of a 49cc motor for my attorney ASAP. If anyone can help me I would appreciate it . As for They want to suspend my Drivers License for another year for dwp. My attorney said that I would be setting the standards For all the others to come.. So lets not let them change the laws on motor-bicycling !.we.
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Hi, I have a dui and have some comments on this. please e-mail me at [email protected] with your phone #. Thanks!
 
I've had absolutly no problems at all with the local Boise police but I ride the same area all the time and I'm not the only one. I have seen a good number of MB's and talked to a few. They all have said they have had no problems, either. Most have lights and wear a helmet even though Idaho only requires then for under 18.

I'd really like to know the results of the OP case. I do hope he comes back to tell us.
 
I got ahold of the OP through email. Currently he is waiting for his next court date in March.

His lawyer is going to file a motion to dismiss, since it's a legal 49cc. Have to wait until then to figure it out.
 
An officer still needs "Probable Cause" to pull you over. If the bike is legal, and you didn't break any traffic laws, probable cause did not exist, and the charges "should" have a chance to be dropped.
 
Greybeard said:
An officer still needs "Probable Cause" to pull you over. If the bike is legal, and you didn't break any traffic laws, probable cause did not exist, and the charges "should" have a chance to be dropped.
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There's a saying here; come on vacation, leave on probation. At one point statisticly you were more likely to be killed by a police officer than any other reason except auto accidents and natural causes. That's how hardcore this place is. :p The cop saw a bike with a motor and that's all he needed. I'd bet the ONLY reference he had for a bike with a motor was one with a Briggs, clearly illegle. The Boise Police is on a profit-making quota reward pay system. The thing is it's based on number of citations, not convictions. So they will write you up for things expecting you to just pay the fine by mail. When things do get in front of a judge a lot of the times you can beat the charges because the cop was wrong in the first place. Many times the prosecutors roll their eyes and make a motion of dismissal, the most likely outcome of this case.
 
Legally speaking, if this case gets dismissed, does that set case law? Anyone who has read the 3 Idaho law links posted earlier has seen that the license issue for mopeds can be interpreted either you need one or you don't.

I have never had to deal with the case law, but I have been in contact with a motorized bike builder in Boise that I found on Craigslist. According to his reply I recieved when I asked about not needing a license he responded "I am not aware of anyone getting a DWP and not having it dropped."

Does having a case dropped matter in future cases? Or is it only if you go through court and are found innocent?
 
RandyWhite said:
Legally speaking, if this case gets dismissed, does that set case law? Anyone who has read the 3 Idaho law links posted earlier has seen that the license issue for mopeds can be interpreted either you need one or you don't.

I have never had to deal with the case law, but I have been in contact with a motorized bike builder in Boise that I found on Craigslist. According to his reply I recieved when I asked about not needing a license he responded "I am not aware of anyone getting a DWP and not having it dropped."

Does having a case dropped matter in future cases? Or is it only if you go through court and are found innocent?
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I'd say no, for that you need an actual judges decision. BUT, you can carry like court papers of what happens in court and the pertenint State codes and be able to convince the officer that he's wasting his time. Copys of this thread would help. You about need a little packet of stuff made up and stached on the bike at all times.

Call it "insurance" ;)
 
Just got a name from another source that supposedly got a dwp and got a not guilty in court on the charge. I'm not really comfortable giving the name out, so does anyone know a way to find the court records using that name?

I tried google already and the only court record i can find does not have to do with the dwp. I would really like to help the OP out and finally put this one to rest.

All I have is the name, and city of arrest. No date unfortunatly.


Update: From what I have been able to find, this particular individual has been pulled over multiple times for dwp. With only basic information because I can't access the court papers, I have only been able to find 1 that specifically mentions mopeds. That case is currently pending with a motion to dismiss being recently filed "Motion to Dismiss the Charge Because of: 1.) Failure to Allege A Legal or Factual Basis to Require a Driver's License and Liability Insurance Coverage for Non-Vehicle Moped Operation. 2.) Doctrine of Lenity and 3.) Reliance on Prior Judicial Determinations"

Will update again when I get more information.
 
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So an update on this case as well as the other one I mentioned.

Quoting the OP from an email I received. "I just got my case dismissed today on grounds of the way the statue is written but the state might appeal and try to re try the case to convict me at a later date." Op had his case dismissed mid March. No word yet if it is being appealed.

They are also appealing the other man's case in which he also had a dismissal. His next court date is 4/25. If anyone is interested the case number is CR-MD-2011-0005485. Maybe someone can pull up more detailed info than what the Idaho data repository will give me.
 
So 3 1/2 weeks after dismissing OP's case, I just noticed today that they are appealing the decision in district court.

So far 2 dismissals and both getting appealed. Emailing the OP to see if I can get more information.
 
A appeal is a good thing for us. Judges do not like to be second guessed by a prosecutor, especially when the law is clear if they would take a few minutes to read the laws. The State legislature made an exception for motorized bikes and the police and DA's office can do little about it. Ignoring one part of the law to prosecute someone for another part of the law will get you a lecture from a judge, at least I hope that's what happens in this case.
 
Excerpt from Title 49, Chapter 1: Motor Vehicles Definitions
Idaho Statutes

(9) "Moped" means a limited-speed motor-driven cycle having:
(a) Both motorized and pedal propulsion that is not capable of propelling the vehicle at a speed in excess of thirty (30) miles per hour on level ground, whether two (2) or three (3) wheels are in contact with the ground during operation. If an internal combustion engine is used, the displacement shall not exceed fifty (50) cubic centimeters and the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged; or
(b) Two (2) wheels or three (3) wheels with no pedals, which is powered solely by electrical energy, has an automatic transmission, a motor which produces less than two (2) gross brake horsepower, is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground and as originally manufactured, meets federal motor vehicle safety standards for motor-driven cycles. A moped is not required to be titled and no motorcycle endorsement is required for its operator.

I'm sure this is the part that the DA's are glossing over because it contradicts what they want to do. Two branches of the same tree. Pedals and motors. This is why the judges have found him not guilty and appealing a judges decision on something so obvious wastes the time of the Appelate Court and pisses them off.
 
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Well they dissmissed my charges in march but now they have reopened my case and the state is appealing it not sure what is going to come of that!
I think I should sue the state for lost time and wages from going to court!!!
 
I never knew that a state could retry a dismissed case. thought thats what double jeopardy meant. dont flame me if im way off, but i thought appeals were for defendants, not prosecutors.
 
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