well just got pulled over.

Discussion in 'Laws and Legislation for Motorized Bicycles' started by desolation, Sep 3, 2012.

  1. Harold_B

    Harold_B Member

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  2. dracothered

    dracothered New Member

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    Here in Michigan if it is a moving violation type of ticket and you win many times they change it to an Impeding traffic ticket which has no points but the same fine. I should know as when I fought the ticket for rear ending another car which is "Failure to stop and or keep your vehicle under control" or something like that. My ticket was dismissed and I was given the other one with the same fine, but no court cost though.
     
  3. d_gizzle

    d_gizzle New Member

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    Isn't that double jeopardy? You can't be charged twice for the same crime,right?
     
  4. biknut

    biknut Active Member

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    Thanks for the link. Looking at the Michigan state definations I think a china girl would be outside the law. Especially since there's apperantly no specific mention of motor bicycles in the statutes.

    If it came to a court challange for an unregistered moped, which is the most likely ticket if you're not breaking any other laws, this is how I would fight it.

    Since a moped is defined as 50cc of less, a 80 china girl clearly isn't a moped.

    A motorcycle is defined as a motor vehicle, but since motor vehicles are defined as self propelled, then china girl MB isn't a motor vehicle, so it can't be a motorcycle either.

    In other words, a china girl style MB is in a gray area of the law. This is the same situation we have in Texas, and a lot of other states.

    In Texas the prosecutors have decided it's in their best interest not to allow and any ticket for unregistered moped on a motor bicycle to get to trial, because if they lose it sets precedent for the whole state.



    257.33 “Motor vehicle” defined.
    Sec. 33. “Motor vehicle” means every vehicle that is self-propelled,

    257.32b “Moped” defined.
    Sec. 32b. “Moped” means a 2- or 3-wheeled vehicle which is equipped with a motor that does not exceed 50 cubic centimeters piston displacement,
    produces 2.0 brake horsepower or less, and cannot propel the
    vehicle at a speed greater than 30 miles per hour on a level surface. The power drive system shall not require the operator to shift gears.

    257.31 “Motorcycle” defined.
    Sec. 31. “Motorcycle” means every motor vehicle having a saddle or seat for the use of the rider and
    designed to travel on not more than 3 wheels in contact with the ground but excluding a tractor.

    257.32 Repealed. 1976, Act 439, Imd. Eff. Jan. 13, 1977.
    Compiler's note: The repealed section defined “motor driven cycle”.
     
  5. desolation

    desolation Member

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    they dropped the unregistered and no brake lights tail lights

    right now the only thing im looking at is driving with out a license and speeding
     
  6. biknut

    biknut Active Member

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    As long as you aren't required to have a drivers license for a bicycle, I think you can beat that ticket. More than likely all you'd need to do is tell the court you plan to plead not guilty on the no license ticket, and they'll throw that one out.

    The speeding ticket is a different story. Keep in mind though, in most cases when you tell the judge of your intention to challange a ticket, the judge will offer you a deal if you'll change your plea. Then you can decide if you want to take the deal or not.
     
  7. desolation

    desolation Member

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    ill pay the speeding ticket cause its 30 in a 25 not that big of a deal but everything else i feel is bs
     
  8. dracothered

    dracothered New Member

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    If we look at the above for Michigan definitions for what a Bicycle, Motorcycle and Moped is they all have one thing in common that is 2 to 3 wheels. From there it gets gray between what Motorized Bicycle (MB) is and a Moped is. A MB can be pedaled and can be self propelled, but normally needs to be pedaled some before the engine can take over. Then notice under the motorcycle it says, “Motorcycle” means every motor vehicle having a saddle or seat. This leaves it all muddy and gray with no real defined Motorized Bicycle definition. So we get some areas here that most likely won't bother you unless you are breaking the law or some other thing like that. Then we get those that just want to be a pain.
     
  9. Harold_B

    Harold_B Member

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    Glad things are working out for you in court.

    I don't see myself as a "glass half full" or "glass half empty" person. Definitely a "glass is twice as big as it needs to be" type. I'm saying that because it's how I interpret the MI code. If a motorized bike is not a motorcycle and it's not a Moped then it doesn't belong on a public road. To call what most us build "motor-assisted bicycles" would be inaccurate and the opposite of what is being done. Pedals assist the motor not the other way around. The most likely outcome of taking advantage of a perceived loophole will be that someone in the state will get a burr in their panties and make them illegal. Again, my two cents. I suspect many if not most will disagree and that's OK.
     
  10. biknut

    biknut Active Member

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    I agree with your interpretation. It is a muddy gray area, but the problem is, it's not just a gray area for the guy with the ticket. It's also a gray area for the prosecutor too. A cop is free to write a ticket if he wants. If someone just pays the ticket (they hope), they'll take your money. Paying a ticket you're not guilty of doesn't set any precedent. It's when a trouble maker decides to challenge the ticket that the shtf lol.
     
  11. desolation

    desolation Member

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    if i had been doing something worng i would pay my ticket and move on but i feel that i wasnt doing anything wrong and the whole thing is blown way out of proportions from the start im going to pay the speeding ticket but the driving with out a license i feel is a bogus ticket
     
  12. desolation

    desolation Member

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    alright so i jsut got out of court, they dropped 3 of the 4 tickets now im just facing driving a moped with out a license. ive got a jury trial on the 26th of oct well see what happens from there
     
  13. neomas372

    neomas372 New Member

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    They always offer a deal....always
     

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