Alright Beeb, tell me what you think

[Jared]

Alrighty folks, at the end of an otherwise spirited, fun, and uneventful day of riding, I had a run-in with a fine member of the Buffalo County Sheriff's Dept.  Now before you make off for the shed and get the pitchforks, no this isn't a 'I got caught speeding and don't wanna pay my ticket waahhh waahhh waahh' kind of thread.  As a matter of fact, when I do get clipped for speeding, I pay up and move on because I am well aware that I have earned and deserve anything the man wants to throw at me for it.

What I was pulled over for: on the citation, it reads "Riding motorcycle w/o feet on rests/pegs 346.595(3)."  Right before I was pulled over, I had my butt scooted over to the right side of the seat and my left leg dangling Valentino Rossi style off the left peg.  I do this with both my left an right legs on straight stretches of road (I was on WI35) to stretch them out and keep the blood flowing, especially towards the end of the day.

So I get home this evening and pull up the statute and here's what it reads:

Wisconsin Statutes 346.595 - Motorcycles and mopeds
Current as of: 2009
346.595 Motorcycles and mopeds. Whenever a motorcycle or a moped is operated the following rules apply:...

346.595(3)
(3) No passenger may ride a Type 1 motorcycle who, when properly seated, cannot rest the feet on assigned foot rests or pegs. No passenger may ride on a moped.

So as I read this, it seems that it would prohibit me from riding a motorcycle where my feet couldn't touch the pegs when seated normally.  My feet can touch the pegs on my motorcycle, I just wasn't seated normally at the time the officer observed me.

So let's hear it.  Should head in for the court date and try to stick it to the man, or should I shut my whiney mouth and pay up, knowing that I probably "earned" myself a fine at some point in the day?

[beedawg]

So let's hear it.  Should head in for the court date and try to stick it to the man, or should I shut my whiney mouth and pay up, knowing that I probably "earned" myself a fine at some point in the day?

No way!  Stick to The Man.  But I'm not sure how you defend yourself.  Do you bring in photos of you seated on the bike with both feet on the pegs?  Bring the bike to court?  It sucks that someone would even write a ticket like that, forcing you to defend yourself.

Brent

[mngir1]

I'm really fed up with motorcyclists being harassed and discriminated against.

1. You aren't a passenger.
2. Your feet do reach the pegs.
3.  Anyone with any riding knowledge would understand that stretching and changing your position on a sport bike is done
to keep the rider both comfortable and alert. Preventing fatigue increases rider safety. It's not stunting.

I'd fight it.

~ d

[Greg]

I agree, I'd fight this one.

[wolfkingen]

I'd fight this one as well.

[PKPK]

Ask them how many cruisers they ticket where the rider had his feet on highway pegs (instead of the factory pegs.)  Bet I know the answer to that one.

[vince]

You are the operator not the passenger. If you read the law then no one can ride a moped. And the assigned pegs are for the passenger. This law was written for little kids who couldn't reach the pegs or adults that were ridding bike that didn't even have a place to rest your feet. Fight this all the way.

[Cam]

Fight this one. As the law is written, if you CAN reach the pegs, you are not in violation. It doesn't say anything about having to keep feet on the pegs at all times. 

I'm pretty sure this is the law that is intended to keep children (or other passengers) who are to small to reach the pegs from riding on a bike.

[Chris]

Fight it, bring the statue with you this should be a quick one the cop was just being an ass...

[EverydayRiding]

Fight it, you aren't a passenger when riding the bike. The cop was confused.

[kracken]

I would definitly fight that bs.

[vfrdirk]

Just to pile on, fight it. This reflects a fundamental misunderstanding of the subsection he wrote you for. You may have been riding inattentively or carelessly (although I doubt it) but that's not the violation you were cited for. It's Wisconsin, so the hassle factor is high to go fight it, but this isn't a "can't we talk it down to 50 in a 35" ticket, this is a gross mistake.

[Vander]

May I humbly suggest (if you do fight it) NOT to employ a "this is the wrong statue" defense.

If this was the county that I use to work for, the prosecutor would just charge you with something else; based on the deputies report.... and probably something worse. 


Rather, I would suggest presenting your level of skill in riding as a defense.  Print out as many training certificates that you can, show all of the awards that you may have, and talk about how dedicated and skilled you are.  Explain that you had absolute control of your vehicle and support that claim with evidence of your training and years of experience.

One thing:
The judge will probably ask "well why didn't you just pull over to stretch?"... so have a rebuttal strategy for that.

[PKPK]

May I humbly suggest (if you do fight it) NOT to employ a "this is the wrong statue" defense.

One thing:
The judge will probably ask "well why didn't you just pull over to stretch?"... so have a rebuttal strategy for that.

I agree with Vander's points.  I would approach them with a sincere and humble demeanor that you made an error in not understanding there were statutes which required the feet on the pegs at all times.  Explain that you had gotten in the habit of scooching around the bike seat and stretching your legs while riding through towns without realizing there were laws against doing so and you will not do it again.  Ask them politely if this also applies to aftermarket highway pegs.

In my opinion, it's still outright harassment and it was probably designed to discourage stunt riding.  Makes me afraid to even take one hand off the handlebars when I ride through Alma.

[Ray916MN]

Based on the statute, I'd try to call the District Attorney. I would tell them what you got the ticket for and tell them that you were riding alone, without a passenger and say you don't understand why you got the ticket and see what they say. They might say the driver is the passenger, but I doubt it.If they ask what the officer said, tell them he wasn't clear, which is why you're calling them. If you're lucky they'll just tell you they're going to drop the case and won't pursue it.

I was once charged with not reporting an accident. I spoke with the DA and after she heard that there was no damage to public property, no medical attention required and I could prove there wasn't enough accident damage to require reporting, she dropped the case over the phone.

Good luck, and thanks for taking one for the team!