Scottsdale AZ Police Want To Jail MotoredBiker!!

has anybody noticed that the charge is speeding ?
what is the limit where you were stopped ?
if you were under the limit, you were charged wrong
the charge could have been driving moped without all legalities that entails, because you exceeded the limit for motor-assisted bike, but...you weren't speeding
if over, then there's a fight over the gun and his recollection of what it read

AZ, there is NO charge of speeding, only driving a motor vehicle on a suspended license. They are claiming that I was going over 20 mph listed on the information part of the ticket (location, time, etc.) They believe that makes me motor vehicle. There is NO law they makes me become a motor vehicle if I go over 20 mph. All the tickets had to do with is driving a motor vehicle, not speed. As I mentioned, in the second meeting with the officer, the word "speed" was not mentioned once (verified through my taped recording of him). There is no speeding ticket. The cop claims (absolutely false) he radared me at 28 but that is NOT why he went after me, he still believed I was a moped at any speed.
 
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in that case...
ignorance of the law on his part does not make him right :eek:
especially after the first instance when he was made aware of the law :censored:
(I carry a copy of ARIZONA HB 2796 with me whenever I ride)...(attatched)
I have been stopped for speeding on a bike :p(no motor) before, but can't imagine being arrested for it :eek:
 

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I believe the case will be thrown out considering they already dropped the Driving While Suspended. That is an admission that it was not a motor vehicle described under their moped / motor assisted Bicycle. If they had a locked read on the radar gun and the person was speeding, then it wouldn't matter what he was on.
Hunch
Doc
 
If they had a locked read on the radar gun and the person was speeding, then it wouldn't matter what he was on.
Hunch
Doc


yeah, if they had used the radar, but officer fife didn't.

I'm sending an email to the mayors office even though I'm up in Boston, I hope it matters. I'm mentioning ARIZONA HB 2796 in the message.
 
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As a California driver who has never received a ticket in Arizona, this case seems rather confusing with the available information. Isn't the AZ officer supposed to write a paper ticket and give you a copy with the code violation listed, just like in California? If a ticket was written, was it for speeding or being a moped in a bike lane? If speeding was a violation, was the code violation and observed speed written on the ticket? If the speeding code violation and clocked speed was not written on the ticket, then I think it is a pretty weak argument to add it after-the-fact.

In any case, assuming there is a valid speeding violation, here are some things to consider as part of a defense -

1) Why is your claimed speed and the officer's radar speed so different? Were you clocked by radar while riding in busy traffic? Radar works by bouncing a reflected wave off of a target. A bicyclist is a rather narrow and SOFT target. If you were in busy traffic, there is a possibility that the radar picked up reflections from faster moving high profile hard objects like adjacent cars or trucks near you. To bolster your argument, you could take pictures/measure traffic patterns on same weekday/same time as your violation for evidence. This could provide a graceful face-saving explanation of why the large difference in speeds claimed by you and the officer, and enable the judge to throw out the case without having the officer admit being wrong.

2) Was the place you were clocked speeding with radar a downhill grade or just after a downhill grade? See this link for the definition of a moped http://www.azleg.state.az.us/ars/28/00101.htm (item 30). Essentially, a MOPED is maximum 25mph on a flat surface with less than a one per cent grade. See this link for the definition of a MOTORIZED BIKE http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/28/02516.htm&Title=28&DocType=ARS (item 7c). Essentially a motorized bike is defined as maximum 20mph. It is common knowledge that a moped is more powerful than a motorized bike. So, one can conclude the legislation sloppily left out the rest of the motorized bike definition. It should have been written that a motorized bike is maximum 20mph ***as measured on a flat surface with less than a one per cent grade***. In fact, that is how California legislation is written http://www.dmv.ca.gov/pubs/dl655/dl665mcycle.pdf (pg 3). In California, a motorized bicycle is ***...no more than 30mph on level ground, and ....***. So, by establishing a motorized bike is 20mph and should be measured on a flat surface, one can make an argument that you can coast downhill faster than 20mph, as long as you return to 20mph when you hit the level ground areas again. If you were on or after a downhill, use this to your advantage.

But, in the end, how to fight this really depends on exactly what violation was written up and how it was recorded. I don't think a bunch of Emails will sway the judge or local government either way.

Good luck!
 
You can tell Ray that you are an educated man and possibly an attorney. There is one strong point that I will agree with you on.
Sending these letters unless we were 10K strong, will not do much but Ray you and I both know what publicity does. Why don't we write to the local papers and radio as well as the local telly. You know progress is achieved governmentally by exposing the simplest of flaws in their system to the wide open public. In other words ( Depantsing them).
Doc
Need input!
 
the emails don't hurt either...i'd never dream of being able to sway a judge, but it's not a bad idea for officials to be aware that there is a place/group that is willing to help find that common ground. if you have a few minutes, please hit the quick link & have a say.

thanks for a most excellent contribution, ray :)
 
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