Dui, And Evading On My Motor Assisted Bicycle

machiasmort, do you understand the reach of the federal DOT and Commerce Dept regulations and definitions? They do NOT control state traffic codes - they basically resolve a turf fight between two federal depts over what constitutes the federal definition of a bicycle as opposed to a motor vehicle. Dept of Commerce won the fight, and gets to define what is a bicycle. That definition is NOT limiting on the states, it is limiting on what may be trafficed across state lines as a bicycle for purposes of sales.

I doubt that hot70cc has any remaining appeals rights at all. Without looking at the court record, I'd bet he entered into a plea bargain which dismissed all but the DUI charge, and agreed to the stipulated penalty. Almost always, a part of such agreements surrenders appeal rights.

The individual states may define a bicycle more (or less) restrictively than does federal regulation, and many do. Those definitions are quite legal and enforceable. Additionally, each state sets its own standards as to what constitutes DUI, and under what circumstances DUI may be charged - including charging a bicycle operator, a wheelchair bound person, or someone riding a skateboard behind a 1,000 cockroach team. It is utterly at state discretion.
 
Hey 70

Was that charge, from what I gather and assume afixed to your driver's license? Reason why I ask??? - Didn't know you needed a DL for a bicycle. That's what Federal DOT law considers your Bike.

If you want help in fighting it, get a hold of me fast!!!! Statue of limitations for appeal may run out at the Federal level. Even if it costs you more $$ think of what you spent already. I'd give you $50 toward your appeal and the rest of the guy's on this board would probably cough a little up.

What P.A. did to you is illegal by Federal Law if they put it on your Driver license!

it all sounds good ---- but
there may be a time to move on
take a lickin and keep on ticking
and after 30 days jump back on MB

yes - when we cop a plea as we call it here
there is no going back to court unless
there were serious mistakes made
and even then - to reopen case get ready with big $$$

as stated before -- main thing -- don't ever get #2 dui
this all will be way in the past -- before we know it
and that's when one may forget
how rough this all truly was
and drink and drive again
sad but it happens
once again we deceive ourselfs

NO ONE HAS DECEIVED ME MORE THAN I HAVE DECEIVED MYSELF !!!



Ride That Thing - Mountainman
 
Hey 70

Was that charge, from what I gather and assume afixed to your driver's license? Reason why I ask??? - Didn't know you needed a DL for a bicycle. That's what Federal DOT law considers your Bike.

If you want help in fighting it, get a hold of me fast!!!! Statue of limitations for appeal may run out at the Federal level. Even if it costs you more $$ think of what you spent already. I'd give you $50 toward your appeal and the rest of the guy's on this board would probably cough a little up.

What P.A. did to you is illegal by Federal Law if they put it on your Driver license!

Driving is a Privilege. The state can suspend your license for anything. In Michigan they suspend it for for child support or if there is a judgement against you. My license is suspended for owing an insurance company money. Well, that is one of my suspensions.
 
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Simon,

I understand and agree that States can set thier own DMV Laws. As far as Commerce and Fed DOT, that argument is news to me??? You sound very well versed on the subject. Just seems to me something needs to be challanged and established here.

If the Feds call it a cat and New York decides to call it a dog, What is it??? Just another animal???

Not being funny here but there is a big difference in what your walking in NY (scooooooooooper law)! Makes me feel like taking my 90lb Doberman for a walk on my congreedsmans lawn for a nice big STROONZ. And saying I didn't have a scooper because he's a cat. Make the State pay for a DNA test!!! He's got pointed ears!

My point is many of these Laws have been on the books since the 20's. Where matter of common sense tells you the answer, thats fine, but leave it up to a cop, judge and executioner in NY and you risk a real **** shoot. It shouldn't be like this.

Further should I get charged w/U licensed U insured U registered or is it just a unregistered class C moped??? Class C you need no insurance/helmet in NY.

Thanks for your insight Simon
 
"How much have you had to drink."
"Just a couple of drinks, honest officer."


I'm sure its the truth in some circumstances, but that's all they hear all day long. Good luck with that.

I really hope things work out for you, but alcohol related offenses is what the people in the system deal with about 75% of the time, so there is little to no tolerance.

I was once pulled over for having a headlight out (I had a replacement sitting on the passenger seat, I bought it earlier that day). He asked where I was coming from, I told him I just dropped off my friends, and was coming from a restaurant. He wanted to know if I had consumed any drinks, and I told him I had been to a bar earlier and had a couple of beers. It went like this:

Cop: What was the bar?
Me: Motor in Hamtramck
Cop: And what was going on there?
Me: Uh, regular bar stuff?
Cop: What did you drink?
Me: A couple beers
Cop: When did you get there?
Me: 9:30
Cop: When did you leave?
Me: 11:00 or 11:30
Cop: And in all that time you had two beers?
Me: I don't recall, two or three
Cop: Oh... so now it is three. Since you have admitted to drinking and I can smell it all over you, I am going to have to ask you to submit to a breathalyzer.

Anyways, I was telling the truth in this case, and I am fairly certain the "smell it all over you" line was BS, since it was a while since I had the beer and I had just had two chili dogs, chili fries and probably four cokes. Turned out I wasn't close to the limit so the cop gave me a lecture about being half-way to drunk and let me go.
 
Driving is a Privilege.

Got most people sold on that. It has been debated that it is in fact a constitutional right.

A friend of mine is/was a truck driver cdl and all. He stops at the bar on the way home from work and has 1 beer. He gets pulled over for a taillight and they breathalyze him and he blows .04. 20 thousand dollars in lawyer fees and fines later he still loses his license and his job.

If you have dental work ask for the blood test. Breathalyzers can be inaccurate.
 
machiasmort, every state defines for itself what constitutes a bicycle, a moped, a personal mobility device (Segway, or disabled scooter). Federal regulation defines a bicycle fairly clearly, and includes in that definition "motor-assisted" bicycles, with VERY clear and specific delineation between what is a bicycle and what is a notorcycle. The turf battle between Commerce and Transportation at the federal level was intended to resolve finally the difference between bicycles and motorcycles for purposes of commercial production for sale in interstate commerce - DOT rules regarding engineering standards and safety equipment requirements do NOT apply to bicycles (although there are rules promulgated by the Commerce dept about those standards that do apply) - thus, bicycle helmets must meet one set of standards from the Commerce dept, while motorcycle helmets must meet much tougher standards set by the DoT.

That really is what the federal regulations are about.

Now, every state (except Alabama) defines what constitutes a "bicycle" for purposes of their own law enforcement rules. For example, a bicycle in Louisiana must have two wheels in tandem arrangement - tricycles are not legally bicycles here. Similarly, most states address what is permissible for application to a bicycle as a motor assist, and there is considerable variation from state to state, both on the gas engine side and on the electric motor limitations. Some states seemingly prefer electric power assist, while others treat both categories more even handedly. Where there is much more conformity between state laws is in what constitutes a "moped", but even there there are significant differences.

I am building a spreadsheet format database of the legal definition of a bicycle, and the permissible engine displacement/HP/speed capabilities along with the electric power output/speed regulations for all 50 states, but it is slow going. Since every state does things differently, finding and assembling the information from online resources is not exactly a straight forward process. Eventually I plan to post that spreadsheet for perusal by the members here.

Keep in mind, some states allow local municipalities and/or county governments to supercede the state rules with additional regulatory limitations - thus, e.g, some townships in Illinois say no motor assisted bicycles at all, while state law adresses it very, very poorly (effectively, not at all). Other states do not allow such additional rules. In Texas, for any county or municipality to write such regulations requires a specific amendment to the state constitution allowing the local government to do so - other counties not named in the amendment may not do so.

There are NO universally applicable rules - none at all, except the federal rules defining what is what for purposes of commerce.

Because of the above, and because every state has its own legal definition of "intoxication", what actions may constitute DUI/DWI, etc varies somewhat. However, post the MADD movement, there has come to be a lot more conformity in those standards. Whether the standards apply to any given transportation device (or animal) depends in large measute of how the code has been written. Most are open-ended, with discretionary applicability to virtually any situation (wheelchair, bicycle, riding lawn mower, skate board, horse, saddle broken giraffe*). In the end, in most jurisdictions, if it moves across the ground conveying a person, one can be charged with DUI while operating it. Even powered skates.

* I'm not kidding here - a guy in Texas who ran an exotic game farm saddle trained a giraffe, and rode it into town to the bar one evening. Upon leaving the bar and mounting the giraffe, he was charged with DUI. The charge stuck.
 
* I'm not kidding here - a guy in Texas who ran an exotic game farm saddle trained a giraffe, and rode it into town to the bar one evening. Upon leaving the bar and mounting the giraffe, he was charged with DUI. The charge stuck.

SimpleSimon

LOL :D That sounds like something I would do...just to be a smart a......well, you know. I for one would be very interested in your spreadsheet efforts especially in Ak. I tried deciphering what ever I could find (internet wise) on regulations here, and without a law degree, all it did was confuse me. Also, the interpretations seem to change on a daily basis, depending on who you talk to. It would be even more hepful if you could give references as to where this info was found. What would be really great is a legally binding explanation that eliminates the "gray area" Then again, the way "" society" thinks nowadays, it might not be to my preference. When I first started with the motored bike think, I was pretty much stared at, but left alone, but recently some of the "roadside justice" hasn't been that favorable. Anyway, thanks for your efforts in your endeavor.

Hopefully, the general population will realize the financial and environmental, not to mention social (parking,crowded roadways etc) advantages of what we are doing, and will lose the "it's different, it gotta be bad" attitude. Maybe 30 years from now, pwople will look back at some of the laws and say "gee, what were they thinking?"

Denny
 
simon

I read your post. Will take some time for me to digest exactly what your saying but get the idea! Sounds like we all need to put money into a pot and shove it to these idiots VIA a good Lawyer!

Meanwhile our Country's kids die with every cent we put in our tanks!
 
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