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General Category => General Banter => Topic started by: Jared on August 22, 2010, 09:13:00 PM
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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?
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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
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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
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I agree, I'd fight this one.
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I'd fight this one as well.
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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. >:(
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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.
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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.
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Fight it, bring the statue with you this should be a quick one the cop was just being an ass...
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Fight it, you aren't a passenger when riding the bike. The cop was confused.
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I would definitly fight that bs.
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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.
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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.
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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.
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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!
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Perhaps he was watching you a while and didn't like your riding in general or he'd seen too many of us zipping through his area w/o catching them and wanted to make a 'score' of some kind. If your rear wheel had stepped out on some dirty pavement and you caught it w a foot-would that be a violation?? ???Guzzi John
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I fought a similar BS ticket in Buffalo county and won it. Mine was for "unsafe lane deviation," which, statutorily, means actually deviating from my lane, which I didn't.
My approach was "I did not do what the officer said I did." If you had other riders there for witnesses, have them write up a statement for you of what you did do. Unfortunately, the prosecutor there won't throw out a ticket over the phone, he needs to talk with the LEO, so it'll still involve a trip to Durand.
The prosecutor there is reasonable, and if the statute you're cited under is incorrect, he'll own up to it and dismiss it. YMMV.
Pat
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::UPDATE::
So I was away from home Monday through today, but when I got in this morning one of the first things I did was type up a letter to the court clerk pleading "not guilty" and asking to set a court date. Got done with that and dropped it in the mail at the post office when I went out to run errands.
Fast forward to 15 minutes ago, I got home for the night and picked up my mail for the first time since last Saturday. What did I find in there? A letter from the Buffalo County Sheriff's Department. I got a little sinking feeling as I open it up expecting to find another ticket for something else or a summons or something like that, but it's a letter from the officer dated two days after the citation was written. He says in it that when he ticketed me he misread the statute and was informed that it only applies to the passenger of a motorcycle. It says that I can disregard the citation and don't need to do anything else about it.
At the bottom of the letter he signs it and puts his contact info down and says to call him if I have any questions. I gotta say that I'm pretty impressed with this. The guy made a mistake but when he found out he was wrong he fixed it and typed out a letter to me right away. He probably could have just waited to see if I'd fight it or pay up before doing anything if he'd wanted to. Pretty cool outcome, I just wish I had checked the mail this morning so I didn't waste my time on the letter to the clerk...
JP
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::UPDATE::
So I was away from home Monday through today, but when I got in this morning one of the first things I did was type up a letter to the court clerk pleading "not guilty" and asking to set a court date. Got done with that and dropped it in the mail at the post office when I went out to run errands.
Fast forward to 15 minutes ago, I got home for the night and picked up my mail for the first time since last Saturday. What did I find in there? A letter from the Buffalo County Sheriff's Department. I got a little sinking feeling as I open it up expecting to find another ticket for something else or a summons or something like that, but it's a letter from the officer dated two days after the citation was written. He says in it that when he ticketed me he misread the statute and was informed that it only applies to the passenger of a motorcycle. It says that I can disregard the citation and don't need to do anything else about it.
At the bottom of the letter he signs it and puts his contact info down and says to call him if I have any questions. I gotta say that I'm pretty impressed with this. The guy made a mistake but when he found out he was wrong he fixed it and typed out a letter to me right away. He probably could have just waited to see if I'd fight it or pay up before doing anything if he'd wanted to. Pretty cool outcome, I just wish I had checked the mail this morning so I didn't waste my time on the letter to the clerk...
JP
Congratulations Jared. Just goes to show there are good and bad cops just like everyone else. :)
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Heh, me wonders if they got wind of the discussion we were having here. Maybe they read this board and assign officers to overtime when they know Vince will be in their county. :D
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Congrats!
Hope the officer isn't thinking, "I should've given him a damn speeding ticket, instead of being nice!"
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If a passenger were stretching their legs would they,the rider or both get a ticket??Guzzi John ::)
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If a passenger were stretching their legs would they,the rider or both get a ticket??Guzzi John ::)
That recent Trans Wisconsin Off-Road Trip with Darcey and crew garnered someone a ticket for just that. He was standing on his pegs (hands on the grips) stretching and got a ticket. At least I think that was the circumstances.
Greg
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Wow, I don' t like the sound of that. Due to a bad hip, I ride standing up for a minute or two at least every half-hour. On the good side, I've been doing it for 5 or 6 years now and have yet to be stopped, warned or ticketed about it.
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Yeah, when it comes to stuff like that discretion is important. You may be totally in the right and perfectly safe stretching out your legs or shaking out your clutch hand, but when it comes down to it, fighting a ticket is a lot more work than not getting one at all.
For example: I"m perfectly capable of making a complete stop at a stop sign without putting my feet down, but when there's an LEO around, I put em down so's just to avoid any confusion over statutes. ;)
P
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Congrats jared. We all make mistakes. It is how you deal with the mistake that matters. Sounds like this LEO did the right thing.
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glad it worked out like it did.
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The way it sounded at first was he was trying to nail you for something, and thats all he could come up with. Like pulling over a car he knows was speeding, but didn't clock it in time, so he fines you for window tint, loud pipes or something.
But the fact that he admitted his error and apolagized sez a lot about who he is. Most LEO's might not give a second glance. I'd write him back, thanking him for taking time to correct his mistake.
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Wow! Good news!
I'm glad my advice was totally off.... :D