I just got a ticket

Discussion in 'Laws, Legislation & Emissions' started by Bruce, Sep 12, 2011.

  1. Bruce

    Bruce New Member

    I received a No drivers Licence ticket for rideing my GEBE EH 035 2 days ago, I was on edge of road and doing 15 mph. The officer said he didnt see me pedaling while going uphill, so he stopped me. He informed me that any gas engine below 50 cc and went no faster than 25 mph was a moped and you needed a drivers licence. Guess I will find out on the 16th how the judge feels.

  2. 2strokepoke

    2strokepoke Member

    what a joke. today i was riding my moped behing an industrail park to get across some railroad tracks without going over a bridge and i saw a copper sleeping and i told my friend to go take a pic and be the time my friend got near the car he woke up and asked if he took a picture... told him no and he took off.
  3. motorpsycho

    motorpsycho Active Member

    every cop is different.
    I have been "stopped" by 2 different cops and they both, just wanted to check out my bike.
    nothing was ever said to me about license or any of that ****.
    besides that, where i live, the cops are very laid back. we don't have a police dept, so the only cops that ever come around here are state cops who just happen to be driving through. If someone calls the cops here, it can take up to an hour for them to show up.
    people ride 4 wheelers, golf carts, and dirtbikes on the roads here, so a m.b. doesn;t mean anything.
  4. retromike3

    retromike3 Member

    camouflage works

    When I ride my bike I always wear a helmet and a yellow Gore-Tex coat so I effectively look like a cop. This was very helpful when I went to register to vote Because when I rode up to the courthouse during election day there was about five motor cops in front of the building. I pulled up to the front door locked my bike up and walked inside. When I got out I unlocked my bike and rode right by the police. And to quote the Penguins of madagascar "Just smile and wave boys, just smile and wave". I got a couple of thumbs up from them.

  5. masterx1234

    masterx1234 Member

    well todays the 15'th, so how did things go? hopefully your not in jail for something this silly, maybe they gave you a fee?
  6. Al.Fisherman

    Al.Fisherman Active Member

    Ahhh...the 16th. Tomorrow

  7. Bruce

    Bruce New Member


    Was booked and fingerprinted and released on OR. Have to see prosecuting attorney on 27th. I went to secretary of state yesterday and showed them a pic and they said it was a bicycle, but then after looking in their manuals for 20 minutes they produced a page saying any motor under 50 cc was a Moped. Go figger. Even the magistrate today called it a bicycle as he has seen me for 4 years now rideing it around town. Also, they charged me $12.00 to be fingerprinted and they went thru my wallet and took a $20.00 bill to pay themselves and wrote me a check for $8.00 change that I had to go cash at my bank from the Montcalm county sheriff dept.
  8. cyops13

    cyops13 New Member

    "The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived." Chicago Motor Coach v. Chicago, 169 NE 221.

    "The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.

    "The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment." Kent v. Dulles, 357 US 116, 125.

    "The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right." Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.

    As hard as it is for us to believe, there is no room for speculation in these court decisions. American citizens do indeed have the inalienable right to use the roadways unrestricted in any manner as long as they are not damaging or violating property or rights of others. Government -- in requiring the people to obtain drivers licenses, and accepting vehicle inspections and DUI/DWI roadblocks without question -- is restricting, and therefore violating, the people's common law right to travel.
  9. Bill555

    Bill555 Member

    If you want to fight the ticket I could tell you what i'd do in your situation. Just private message me. And just showing up in court these days is not considered fighting these days. It takes a lot more effort.
  10. sparky

    sparky Active Member

    Heya... Sorry I didn't see this sooner or I would have recommended a few things.

    Soo... the actual bench trial was today? We actually have an arraignment for traffic tickets here, and any basic ticket takes at least a month to get to that stage, then 2 or 3 months from there to get to the bench trial. Pretty nuts.

    There are many U.S. Supreme Court citations, such as cyops has suggested, and definitions that one would need to know. But it depends on how far you're willing to go to learn. Some of the best advice you can get about the law is actually what the court clerks tell you... "Go to the Law Library." Go there and take a look at your state's "annotated code". GOOD STUFF!!! Throws the relevant case cites right in there during the "Motor Vehicle" Section of the code, which is exactly where the cop pulled a statute number to cite on your citation.

    Anyway... fingerprints are your property. I wouldn't consent if a group of thugs wanted mine. Perhaps if they threatened to shoot me if I didn't give them my fingerprints, but that wouldn't be very civil would it? You'd have all the right in the world to sue them in civil court at that point. At least, you would in Mississippi.

    Every state is different....

    But all states are Common Law, except Louisiana, which is still a part of the federation.

    Only you can defend your rights. If you don't know who you are and where you stand, then people with guns will always get you to agree with them... or they'll just take what they want from you, as you do not object.

    It's one thing to know your rights. But it's an entirely different thing to object to a man who violates those very rights.
  11. Bruce

    Bruce New Member

    I met with pretrial prosecutor today and he didnt know what the law was and said he would check with the state and get back with me in a week or two. I also took my camera with me again and the prosecutor didnt wanna see any pics of my bicycle because he has seen me on it many times already. I'll keep ya posted when I find out if they are gonna prosecute me.
  12. I have read the law

    If you do not have a drivers license the bike is considered a moped. you were supposed to apply for one , similar to a jet ski license for 15 year olds.
    If you are 16 + the bike is still a moped but you are semi legal. You still need lights and turn signals.
    That is the law , but not necessarily the way it is interpreted.
    Most police departments either consider it an assisted mobility vehicle or a bicycle.
    I have called 4 departments and the secretary of state. Not one of them knew the law. Each one had their own version ,but the sec of state was very close.
    It is a moped...
  13. sparky

    sparky Active Member

    Looky what I found.... http://www.legislature.mi.gov/(S(zdo3luny5tnls045hmiqyovw))/documents/mcl/pdf/mcl-chap257.pdf

    Are you a person??

    Remember... you cannot define a word with itself. This is a recursive definition, which, to a lawyer, reads: "“Person” means every natural (natural (natural (natural (undefined), firm, copartnership, association, or corporation and their legal successors), firm, copartnership, association, or corporation and their legal successors), firm, copartnership, association, or corporation and their legal successors), firm, copartnership, association, or corporation and their legal successors.

    Are you really a person??

    So... a motor vehicle does NOT mean every vehicle that is self-propelled.... because a moped is NOT a motor vehicle.

    See?? No commerce? No registration necessary.
    Last edited: Sep 27, 2011