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Court
Posted on Tuesday, August 07, 2007 - 07:58 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Solvable.

PM sent.
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Court
Posted on Tuesday, August 07, 2007 - 07:59 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

PM sent.
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Mr_grumpy
Posted on Tuesday, August 07, 2007 - 08:13 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Hey, I'm not saying roll over I'm just saying play it cool & don't go off half cocked & bring down even more trouble on your own head; yeah sure the guys been an a-hole but if you shout to the world that he's an a-hole his buddies will close ranks & you'll be stuffed.
Go the calm but firm, respectful, honest mistake, route & you'll likely walk away happy with honour satisfied is all I'm trying to say.
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Hexangler
Posted on Tuesday, August 07, 2007 - 08:25 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

How do I check my PM's? I'm fairly new to this forum.
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Buellshyter
Posted on Tuesday, August 07, 2007 - 08:25 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I guess california will NOT be on my route for my world tour

You might want to avoid Maryland, New Jersey and Washington D.C., to name a few.
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Woody1911a1
Posted on Tuesday, August 07, 2007 - 08:37 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

hex , pm's will be sent to whatever email addy you used when you signed up here
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Hexangler
Posted on Tuesday, August 07, 2007 - 08:53 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Woody. I wrote Court back. Thanks again.
Hex
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Unibear12r
Posted on Tuesday, August 07, 2007 - 11:44 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Too many tickets used to get "fixed" so now only the issuing officer or the traffic court assigned can change most kinds of tickets in California. Done because of public outrage at some people getting off because they knew somebody instead of going through due process like the rest of us.
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Unibear12r
Posted on Tuesday, August 07, 2007 - 11:57 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Btw in the top right corner of my Firebolt wind screen...

AS7 M120
Buell
DOT 752

Plainly marked as DOT approved O.E.M. in plain view.
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98s1lightning
Posted on Wednesday, August 08, 2007 - 01:55 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

If you can read that your going WAY too slow. Hey were going riding this sat, wana go? Woody/Glenville/Alta-sierra then back through the canyon.
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Thespive
Posted on Wednesday, August 08, 2007 - 11:43 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Actually the department can drop the charges/ticket. the lazy, er lovely City of Huntington Beach wrote me a ticket in a car my detailer was driving that I didn't own (a GM press fleet vehicle). The HB motor was so lazy, he wrote me an owner's responsibility ticket, in my absence, without running the plate for registration! I only found out about this when a notice from the County showed up at work several weeks later saying I would need to appear, etc. After I contacted (and argued with the department) the records supervisor ran the vehicle and indeed saw this was a mistake. Another week went by and a note from the city of HB said that the ticket had been "Dismissed in the intrest of justice" and it was cc'd to the court.

--Sean
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Bad_karma
Posted on Wednesday, August 08, 2007 - 11:58 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Add virginia to the list of states to avoid. We shoot and kill stopped riders without any criminal charges.
Joe

(Message edited by bad_karma on August 08, 2007)
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Unibear12r
Posted on Thursday, August 09, 2007 - 12:19 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Legally the Department had to go before a judge or convince the cite writer to drop it.
My department would never "tell" me to withdraw a cite even before it was a matter of record as per law. BUT they could ask, or explain why I should.
I rarely ever wrote one anyway!

(Message edited by unibear12r on August 09, 2007)
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Hexangler
Posted on Monday, August 13, 2007 - 10:51 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

So far no news from "Court". I took my bike to the dealership Saturday for the second time on the same oil leek. I talked to the sales person whom I had been talking to about the ticket. His solution was to impound my bike until it left with a smoke windscreen, probably be done this week. His other solution was to have one of the shop's buddy cops write off on the ticket as fixed. The sales staff said that they had to do this to release their shop from liability in the matter, and to show that good customer service had been preformed. I told them that I was not very happy about their solution. I bought the bike because of the bold new styling (I've had many opportunities to buy earlier model Buells including Black and Amber, but none other than this Black and Cherry Bomb sealed the deal in my mind.)
To be continued...
Hex
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No_rice
Posted on Monday, August 13, 2007 - 11:51 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

a shop CAN NOT keep YOUR bike for any reason (unless you refused to pay them for work performed)

they have absolutely NO say in that. thats just stupid. they cant MAKE you buy ANY part. if they think they cant let it out of there shop because its not legal, then half of the harleys that go through there are also.

GO GET YOUR BIKE. they cant keep it.

(Message edited by no_rice on August 13, 2007)
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Mikej
Posted on Monday, August 13, 2007 - 12:57 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Take it to court, state not guilty for your plea, demand a jury trial, bring in documentation that the bike is equipped with the stock factory supplied windscreen that was as far as you know legally sold within California.

Or go down to the police station and ask to speak with the Chief of Police bringing with you the aforementioned documentation showing that the windscreen is stock from the factory.

Or contact your local district attorney office and present your case there.

Or take the bike back to the dealership and ask for a full refund for selling you an illegal bike and let them make it legal or make the ticket go away.

Or call Buell Customer Service and give them the contact info and ask if they'll take care of the problem.

Or just take the windscreen off the bike and run it naked until everything gets sorted out.

Or just ride naked and give them something else to deal with since all your clothing is aftermarket.

No_rice,
no_comment.

= = = = =
and people ask me why I moved out of California since the weather is so nice there.....
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Diablobrian
Posted on Monday, August 13, 2007 - 01:43 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

"and people ask me why I moved out of California since the weather is so nice there....."

+1

and +1 to all the rest except the riding naked part.....As a staunch ATGATT supporter I cannot condone such behavior.

Although... it could be d*%n funny if nothing went wrong....
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Mikej
Posted on Monday, August 13, 2007 - 01:59 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Well it is California with all sorts of strange ways to interpret and bend the rules depending upon how one goes about it.

Agreed on the gear comment, perhaps he could just set up camp in front of the court house and bring in media attention.

I wonder if they also outlaw those blue blocker sunglasses since they seem to be very good at reflecting blue light, or rose colored glasses as far as that goes. The "letter of the law" could be taken right down to the period at the end of the sentence if one were to want to push things that far.

Are these legal to wear in California while riding a motorcycle or driving a car?


Or these?


These would probably get you a felony arrest:
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Court
Posted on Monday, August 13, 2007 - 02:14 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I'm going to collect the information and provide it to folks who deal with that sort of thing.

But in the instant case, I'd simply appear on the court date with:

  • The ticket
  • Copy of the CA statute above
  • Copy of sales literature showing the stock windscreen
  • Copy of photo of DOT approval
  • A civil attitude


In the other 49 I'd say . . . "and from there. . .what could go wrong?".

But . . you are in CA.

Be REAL civil . . . these are the same folks who misspelled California or something on the registration they sent Jerry Haughton.

It should be a slam dunk. . . but I know a fellow who is a cop in Sacto who used to revel in just grabbing drunks and slamming them around . . . that'd be a no-no in the rest of the nation.
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Ft_bstrd
Posted on Monday, August 13, 2007 - 06:48 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

If the issuing officer or his chief is unwilling to drop the ticket, court is your only option. The judge is the only person who can intervene here.

Attitude will get you stuffed. Bring all the logic to the table that you can and hope that it is sufficient to win the day.

In the end, though, no one has ever accused the legal system in California of being run by logic.
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Unibear12r
Posted on Monday, August 13, 2007 - 08:48 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

What Court said. Absolutely!!!
What No Rice said.
And take off the screen for now like MikeJ said.
At this point the dealer has no legal stand in this and has NO right to your property no matter what they feel their liability is.
You would think that they (the dealer) would know that backing you with the courts would be in their best interests tho.
Be patient with the courts, follow Court's advice, GET YOUR BIKE!!!, and pull the windscreen off for now so you can ride it without Mr Butthead Blue bothering you and show good faith to the court.
This is getting way too sideways!
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Etennuly
Posted on Monday, August 13, 2007 - 09:08 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

If you are going to remove the windshield, take some pictures of it on the bike and after you remove it. Then take the pictures and the windshield and all of your evidence to court with you. Court appearances are all about having your homework done.

Practice what you want to say to the Judge. Write it down and rehearse it several times. Then go over it again just before you go in. If you go in more prepared than the officer, it can make you look so much more intelligent.

Be patient with the judge. They will ask for your evidence, review it, and present it. At some point they may ask you about it. The fun begins when you are properly prepared and the judge asks the officer what he has to present. All he will have is the ticket and knowledge of the law. That law is part of your evidence.

That leaves him with the ticket. Literally his interpretation of that statute. Judges usually go with facts. Just present it with a good attitude and don't embellish, it won't be needed.

Good luck and enjoy it if and when you win.
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Mikej
Posted on Tuesday, August 14, 2007 - 08:47 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Then ask if they validate for parking.
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Ryker77
Posted on Friday, August 17, 2007 - 12:18 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Take it to court, state not guilty for your plea, demand request a jury trial, this will get the case sent to superior court level. Requiring yet another date in court to plead not guilty. At no point will the judge ask for evidence- he doesn't care. In some states you will be placed on court docet. Thus requiring you to show up on court week to just be present. You may or may not have your case heard that week. This could go on for years. Unless you REQUEST a speedy trial. It can't be verbal request. Must be in "correct" format request. DA will not provide you with the form or an example. It also doesn't help to say "thanks for being a great American".. LOL I was pissed

bring in documentation that the bike is equipped with the stock factory supplied windscreen that was as far as you know legally sold within California. Not as simple as you would think. You must provided all types of BS legal forms to the DA as your entering evidance.

Or go down to the police station and ask to speak with the Chief of Police bringing with you the aforementioned documentation showing that the windscreen is stock from the factory. might help

Or contact your local district attorney office and present your case there. If they will even speak to you. All I got was " I can't discuss it" or "I can't give legal advice"



Most people don't really know or understand how the "system" is setup to IMO blackmail the American citizen into just becoming a sheep. I don't understand why in 2007 I can't simply call, email, or stop by the courts to enter a not-guilty plea. Nor why the judical departmant doesn't provide the forms "for speedy trial".
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Jaimec
Posted on Friday, August 17, 2007 - 02:53 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Keep track of the number of hours and your expenses doing everything Ryker77 details above. Then, WHEN you get the "Not Guilty" verdict, turn around and sue the bastards for your time and trouble over this frivolous case.
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Iamike
Posted on Friday, August 17, 2007 - 10:18 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Kind of like when we were riding in Arkansas and a sport bike rider gets a ticket for not having his visor down. He is in full riding gear yet most of the cruiser riders are helmetless, shorts, tank tops and flip-flops.
I think the cop had it in for the sport biker.
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Hexangler
Posted on Saturday, August 18, 2007 - 01:04 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

In the interest of Justice...

The Sargent in charge of the issuing officer called my cellphone this morning (while I was making nice with my girlfriend). I called him back, and he said he would like to meet me near my house and take the ticket to court for me Monday morning and rescind it. I agreed and met him at a near by Carrows parking lot. He took the ticket and showed me a letter from downtown Sacramento agency that basically stated that Buell Motorcycle contests that their bikes do not have to comply with this law because they come stock with amber, red, and blue windscreens. I kept records of all the paperwork, and he even gave me his card to keep in my wallet. He wrote on the back of my card some notes and the code number, now if I get pulled over for it again, I will have a "get out of jail free card" for this problem in my wallet.

The funny thing is that when we were leaving the parking lot, an inline 4 pulls a massive wheelie through the intersection. The look on that Sargent's face was priceless as he flipped on his lights in hot pursuit!!! I guess it was all worth it. Hope you all enjoyed this one with me. Thanks for all the support!

Hex
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Ulywife
Posted on Saturday, August 18, 2007 - 01:21 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Hex - that's excellent news! Keep that card forever.

Too bad for the guy pulling a wheelie. Bet his ticket won't get rescinded!
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Thespive
Posted on Saturday, August 18, 2007 - 02:47 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

You know they know they made a mistake when the sarge personally calls you back to meet with you. Good job at least someone knows how to properly enforce the law.

--Sean
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Unibear12r
Posted on Saturday, August 18, 2007 - 06:18 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Good news!
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