Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Posted: 5/24/2005 6:08:49 AM EDT
I have a friend that was stopped last night coming home from a store. He was pushing what they call a pocket bike. These are the rage here in Miami and he was walking it on the sidewalk because the bike ran out of gas. The officer stopped him and took him to jail because he had a suspended license. WHY? These pocket bikes are not classed as a motor vehicle and he was walking it not riding it? He spent a night in jail for suspended license!

What is your take on this and was the charge justified?
Link Posted: 5/24/2005 6:10:29 AM EDT
[Last Edit: 5/24/2005 6:10:38 AM EDT by fight4yourrights]
Pocket bikes are Teh Ghay
Link Posted: 5/24/2005 6:21:24 AM EDT

Originally Posted By fight4yourrights:
Pocket bikes are Teh Ghay



Each his own, I got one that sits up no higher than your knee and will do every bit of 70mph. Got to have so real balls to ride something like that. But anyway that was not the question.
Link Posted: 5/24/2005 6:25:03 AM EDT
Are you sure that they're not considered motor vehicles in FL? Do they not require a motorcycle license? I don't know the answers to those questions, but maybe the cop did.
Link Posted: 5/24/2005 6:26:50 AM EDT
Got to be more to the story

It just doesn't make sense.
Link Posted: 5/24/2005 6:28:48 AM EDT

Originally Posted By vedubin01:

Originally Posted By fight4yourrights:
Pocket bikes are Teh Ghay



Each his own, I got one that sits up no higher than your knee and will do every bit of 70mph. Got to have so real balls to ride something like that. But anyway that was not the question.



Well if it can go 70mph then it should be in the motor vehicle class.

Our city just passed a law saying they (pocket bikes) are in the motor vehicle class now. They are treated the same as a regular motorcycle inside city limits.
Link Posted: 5/24/2005 6:29:24 AM EDT

Originally Posted By krpind:
Got to be more to the story

It just doesn't make sense.



Probably had some type of warrant on him.
Link Posted: 5/24/2005 6:30:21 AM EDT
thats the story and the full story at that. The cop just stopped and started asking questions. These bikes are being sold everywhere and people are all over with them.


PS pic of the bike

Link Posted: 5/24/2005 6:30:30 AM EDT

Originally Posted By vedubin01:
Got to have so real balls to ride something like that.



You can't fit on one if you have any balls.



Besides, are you sure there isn't something more to the story?
Link Posted: 5/24/2005 6:30:57 AM EDT
They are against the law in texas on a public roadway
Link Posted: 5/24/2005 6:32:28 AM EDT

Originally Posted By Bama-Shooter:

Originally Posted By krpind:
Got to be more to the story

It just doesn't make sense.



Probably had some type of warrant on him.



Probably for the offense that suspended his license.
Link Posted: 5/24/2005 6:33:29 AM EDT

Originally Posted By CZ75_9MM:

Originally Posted By vedubin01:

Originally Posted By fight4yourrights:
Pocket bikes are Teh Ghay



Each his own, I got one that sits up no higher than your knee and will do every bit of 70mph. Got to have so real balls to ride something like that. But anyway that was not the question.



Well if it can go 70mph then it should be in the motor vehicle class.

Our city just passed a law saying they (pocket bikes) are in the motor vehicle class now. They are treated the same as a regular motorcycle inside city limits.



Nothing like that has passed in Miami as of yet. But I am sure that they will. They are 39cc motors that put out 8.5hp well mine does but you also pay about $3k for the bike. There are many that are of Chineese decent that are slower and not made as well.

But no warrent just a suspeneded drivers license!
Link Posted: 5/24/2005 6:33:41 AM EDT
In Florida, it is a crime to possess a suspended DL.


322.32 Unlawful use of license.--It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person:

(1) To display, cause or permit to be displayed, or have in his or her possession any canceled, revoked, suspended, or disqualified driver's license knowing that such license has been canceled, revoked, suspended, or disqualified.



www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0322/SEC32.HTM&Title=->2004->Ch0322->Section%2032#0322.32
Link Posted: 5/24/2005 6:35:09 AM EDT

Originally Posted By krpind:
Got to be more to the story

It just doesn't make sense.



Oh yeah, there always is more to it. My friend was just minding his own business.....

Was he doing wheelies before he ran out of gas and someone called him in?
He was charged with driving with a suspended license only?

Lots missing here......
Link Posted: 5/24/2005 6:35:10 AM EDT

Originally Posted By Citabria7GCBC:
They are against the law in texas on a public roadway



Walking it on the sidewalk!
Link Posted: 5/24/2005 6:35:23 AM EDT

Originally Posted By FLAL1A:
In Florida, it is a crime to possess a suspended DL.


322.32 Unlawful use of license.--It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person:

(1) To display, cause or permit to be displayed, or have in his or her possession any canceled, revoked, suspended, or disqualified driver's license knowing that such license has been canceled, revoked, suspended, or disqualified.



www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0322/SEC32.HTM&Title=->2004->Ch0322->Section%2032#0322.32



Be careful of what you use for ID in Fla.
Link Posted: 5/24/2005 6:37:35 AM EDT

Originally Posted By krpind:

Originally Posted By FLAL1A:
In Florida, it is a crime to possess a suspended DL.


322.32 Unlawful use of license.--It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person:

(1) To display, cause or permit to be displayed, or have in his or her possession any canceled, revoked, suspended, or disqualified driver's license knowing that such license has been canceled, revoked, suspended, or disqualified.



www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0322/SEC32.HTM&Title=->2004->Ch0322->Section%2032#0322.32



Be careful of what you use for ID in Fla.




Did not have it it was taken upwhen it was suspended!
Link Posted: 5/24/2005 6:38:41 AM EDT
[Last Edit: 5/24/2005 6:39:39 AM EDT by vedubin01]
The question was can you get poped for having (not poossessing) a suspened license if you are pushing a mini bike on the sidewalk?


Simple I thought.

And no he did not shoot JFK!
Link Posted: 5/24/2005 6:41:11 AM EDT

Originally Posted By vedubin01:
The question was can you get poped for having (not poossessing) a suspened license if you are pushing a mini bike on the sidewalk?


Simple I thought.

And no he did not shoot JFK!



I think it's kind of like "constructive intent". if he had gas in it, he would've been riding it, most likely.
Link Posted: 5/24/2005 6:44:22 AM EDT

Originally Posted By vedubin01:

Originally Posted By krpind:

Originally Posted By FLAL1A:
In Florida, it is a crime to possess a suspended DL.


322.32 Unlawful use of license.--It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person:

(1) To display, cause or permit to be displayed, or have in his or her possession any canceled, revoked, suspended, or disqualified driver's license knowing that such license has been canceled, revoked, suspended, or disqualified.



www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0322/SEC32.HTM&Title=->2004->Ch0322->Section%2032#0322.32



Be careful of what you use for ID in Fla.




Did not have it it was taken upwhen it was suspended!



Ok we get it......he is innocent of all wrongdoing. You should hold a press conference and talk about how your friends civil rights were bashed.

Call Fox News and CNN. Call Good Morning America, I bet there is a little more, than a honest( license suspended) citizen walking down a sidewalk pushing a toy, to this story.

MAYBE something YOU don't know.

Hey, it is possible.
Link Posted: 5/24/2005 6:46:54 AM EDT
[Last Edit: 5/24/2005 6:49:53 AM EDT by vedubin01]
yo smart ass all I asked is can you arrest someone for walking a mini bike on the sidewalk for a suspened license.

I am not saying he is guilty or in the right, I am just asking a question because that is the only thing he was booked for and the only thing in the record. And that is what will stand in court.
Link Posted: 5/24/2005 6:49:54 AM EDT

Originally Posted By vedubin01:
yo smart ass all I asked is can you arrest someone for walking a mini bike on the sidewalk for a suspened license.



I can't remember exactly how it's worded but in TX it's illegal to display or fail to surrender a suspended DL. Maybe FL has something similar.
Link Posted: 5/24/2005 6:51:39 AM EDT
he did not have one on him. It was taken from him months ago.
Link Posted: 5/24/2005 6:52:46 AM EDT
Have you actually viewed the arrest report?
Link Posted: 5/24/2005 6:54:29 AM EDT
I just bailed him out and saw it there. If I can get to a scanner I will post it if he will allow me to do so.
Link Posted: 5/24/2005 6:55:10 AM EDT

Originally Posted By vedubin01:

Originally Posted By fight4yourrights:
Pocket bikes are Teh Ghay



Each his own, I got one that sits up no higher than your knee and will do every bit of 70mph. Got to have so real balls to ride something like that. But anyway that was not the question.




What's the point of them? I can probably build a tricycle that would do 110 mph, but WHY?
Link Posted: 5/24/2005 6:56:50 AM EDT

Originally Posted By vedubin01:
he did not have one on him. It was taken from him months ago.



Why do I get the feeling you are trolling for excuses to use at his court date?


I wanna watch when you do that.
Link Posted: 5/24/2005 6:59:05 AM EDT
something else to spend your money on and you race them with others just anothe fix for speed I guess!
Link Posted: 5/24/2005 6:59:12 AM EDT

Originally Posted By Donnerundblitzen:
Are you sure that they're not considered motor vehicles in FL? Do they not require a motorcycle license? I don't know the answers to those questions, but maybe the cop did.



wouldnt matter, if he was pushing it.
Link Posted: 5/24/2005 7:05:08 AM EDT
Link Posted: 5/24/2005 7:05:34 AM EDT
They do not have a V.I.N. and are not motor vehicles. They are illegal on any streets and can only be ridden on private property (a track or your own property) You do not need a license to ride them on private property.

The part about him pushing it down the sidewalk sounds wrong. I would guess as was said earlier that he had a warrant or he was riding it. Dis he have any Identification on him at all? Maybe he was taken in to determine who he is.

A cop can only arrest on a misdemeanor committed in his presence. If he did not see your friend riding the pocket bike he can not arrest him for riding it. Was it stolen? Possession of stolen property? With no V.I.N. most people can't prove they own them. Has your city also had a rash of pocket bike thefts?
Link Posted: 5/24/2005 7:19:27 AM EDT

Originally Posted By TomJefferson:
No doubt, guilty of POP, Pissing Off Police.

I'm sure the cop had something better to do than run him in for suspended license so he had to have pissed him off.

Tj




Nope, no pissing required. A suspended license is a good arrest. I'd even skip dinner for one. They always have something else going on.

Link Posted: 5/24/2005 7:19:40 AM EDT
Well,

He needs a lawyer, even a public defender, if he is broke.

The "constructive intent" is total BS and there is nothing in the history of our constitution supporting such a charge. It's a made up term for which to snare otherwise law abiding citizens by any fed LE agency. I hope to see the term go away and never come back.

There should be nothing illegal pushing an inoperable mini-bike (toy. even gas powered) on a sidewalk.

I would imagine that the officer assumed he was out riding it on the street, therefore operating a motorized vehicle, and doing it with a suspended D/L. If he is smart about it and kept his mouth shut, he could convince a judge that he was moving it from one location to another while not under power. If he spouted off that he was just cruising it around, he will be screwed. Even if he were in a private parking lot, the court will assume that he was on the street. If he is smart, he can say that he was just moving it from one location to another by pushing it simply because HE DOES NOT HAVE A VALID D/L. It may fly.

What the cop did was detain him for his arraignment in the pokey instead of just catch and release with a ticket. Up to the officer at the time. The judge will consider any time in jail less than 72 hours is nothing. I guess judges don't mind sitting on a concrete slab for 72 hours at a time. I know my ass was sore after sitting 30 hours there. No, nobody made me their bitch, I was sitting or standing on concrete and it sucked.

I saw a guy get his bike towed for going 19 over the speed limit and they tossed him in jail for the weekend. A simple ticket would have worked. Oh well.

Oh, I got popped for an expired registration even though I had just registered it 3 weeks before. They entered the wrong date and made it expire the day they issued it. I had a bench warrant out for a FTA for an arraignment and hadn't even gotten a court date. They changed the first court date and I never got notice. I was real happy. For two hours I was treated like I stole the car. Didn't help that I had a USP 45and a G27 both on me and a Benelli M1S90 and my Colt M4 in the trunk. I think the cops were mad because I had better guns all the way around. I told them they needed a bigger budget. And I really wanted to go back and beat the guy at DMV about the face and neck over this incident.
Link Posted: 5/24/2005 7:20:25 AM EDT

Originally Posted By sum-rifle:
They do not have a V.I.N. and are not motor vehicles. They are illegal on any streets and can only be ridden on private property (a track or your own property) You do not need a license to ride them on private property.

The part about him pushing it down the sidewalk sounds wrong. I would guess as was said earlier that he had a warrant or he was riding it. Dis he have any Identification on him at all? Maybe he was taken in to determine who he is.

A cop can only arrest on a misdemeanor committed in his presence. If he did not see your friend riding the pocket bike he can not arrest him for riding it. Was it stolen? Possession of stolen property? With no V.I.N. most people can't prove they own them. Has your city also had a rash of pocket bike thefts?



Remember that is only CA law. Florida may have different laws concerning these annoying ridiculous little bikes.

Your question about your friend is to vague to answer. No a person just walking down the street should not be able to be arrested for suspended DL because they are not driving. I highly doubt ANY officer would falsely arrest your friend and risk his career and livelyhood just to make an arrest.

There is more to the story and you need to rewrite your post or remove it completely as it only makes you look bad.

And easy on the insults pale you asked for the comments here.
Link Posted: 5/24/2005 7:32:22 AM EDT
[Last Edit: 5/24/2005 7:33:30 AM EDT by ScaryGuy]
Pushing an 18 inch tall bike down the sidewalk?

Was he walking on his knees?

SG
Link Posted: 5/24/2005 7:41:30 AM EDT
Hey this is not a cop bashing post by no means. I would never want your job. I just asked a question. Miami police are not known to be nice and they deal with a lot of shit. But there are some bad weeds in every lawn. Im just going by what he had to say and what the report said.

He was booked for operating a motor vehicle on a suspended license. On the report said Go-ped A go-ped or a mini bike is not classified as a motor vehicle. And he was pushing it because it was out of gas. Bike is still out of gas..

Link Posted: 5/24/2005 7:44:02 AM EDT

Originally Posted By vedubin01:
Hey this is not a cop bashing post by no means. I would never want your job. I just asked a question. Miami police are not known to be nice and they deal with a lot of shit. But there are some bad weeds in every lawn. Im just going by what he had to say and what the report said.

He was booked for operating a motor vehicle on a suspended license. On the report said Go-ped A go-ped or a mini bike is not classified as a motor vehicle. And he was pushing it because it was out of gas. Bike is still out of gas..




All we could do here is cite and release.
Link Posted: 5/24/2005 9:24:24 AM EDT

Originally Posted By Bama-Shooter:All we could do here is cite and release.


And if you plan on citing him for whatever violation he committed and he has no identification you book him into jail until he can be identified.
Link Posted: 5/24/2005 9:35:39 AM EDT
[Last Edit: 5/24/2005 9:36:37 AM EDT by TomJefferson]
Top Top