Got my 1st Ticket in my Hobbit

I was going for a test run around the block on my Hobbit. As I leave my neighborhood, I spotted a County PD SUV coming up the street about a mile back. No worries I thought, I'm riding legal. I turn left and I get to the next street and he catches up to me and as soon as I turn, he turns his lights on. I'm like WTF, Tells me to pull into the next street. He asks for my papers and insurance. I give him my DL and registration and inform him that I'm riding a moped and insurance is not required. He then proceeds to tell me "Yes you do! If you do no want to use a helmet, you must carry $10,000 of PIP"

I was not wearing any head or eye gear. Goes on to say he's going to cut me some slack and only give me a $114 ticket for failure to have eye protection under statue 316.211

Keep in mind the "writing" officer is a trainee and his partner is the trainer.

Anyways, My trial date is August 12th. It should be a very easy win. He failed to read the rest of the statue.

http://www.tampagov.net/dept_Police/ABOUT_US/INVESTIGATIONS_AND_SUPPORT/Special_Support_Division/Traffic_Unit/_Information/motorcycles_and_mopeds_faq.asp

In case the Judge or City attorney or Cop tries the "local" regulations bs"

I'm ready for that too....... http://myfloridalegal.com/ago.nsf/Opinions/992253130997BEE6852565980058542F

I can also support my case with PRIOR case law if need be.

Appellate court found that the PD had no probable cause to detain a 49cc scooter rider for not having eye protection; as Florida LAW does not require it for 49cc mopeds, scooters etc.)

I'll report back with the conclusion.

Re: Got my 1st Ticket in my Hobbit

I didn't try to look at your links but I can tell you from experience that the FL statute does not require helmet or eye protection on a moped doing less than 30mph. However if he could prove that you were exceeding 30 then you would be violating the definitions of a moped and the rules that apply to them would no longer be valid. I have been pulled over for having the visor on my full face open. I nearly verbatim cited that statute to him and once he caught on that he was in the wrong he gave me some bs about going too fast, but with no radar proof he backpedaled and took off quickly.

Re: Got my 1st Ticket in my Hobbit

Ask to go to Joliet Correctional Center, Jake Blues said best prison ever.

Consider a visit to the county attorney

fallout Survivor /

Cops do not know the laws very well and misuse them at times.

Consider a visit to the county attorney s office. In my jurisdiction, we have city cops. I have successfully avoided a trial on several occassions by walking into the the city attorney's office and disputing the tickets. One had to do with proof of insurance and the other was being cited for a bs crossing the street when I was run down by a car. Driver was turning right while looking left. I was in a crosswalk . The cop got annoyed when I insisted on a police report , then he wrote a bogus ticket.

You may have that option yourself in your local jurisdiction. The county attorney I imagine prosecutes the ticket and they know or look up the statutes to check if they need waste their time procecuting. But you would have to make an appointment or walk in . In my locale they insist on everyone walking in , but there never is a wait.

If I were you I would carry a copy of those statutes on my moped. (edited)

Re: Got my 1st Ticket in my Hobbit

Beard Road Bruiser (SoB) /

No one likes a know-it-all. Don't be an idiot and just wear a helmet.

Also, you were probably going over 30mph.

Re: Got my 1st Ticket in my Hobbit

I see dozens of people a day on scooters without helmets, and they are required. The policeddon't mess with them. Its the eye protection that they will jump all over you for.

Re: Got my 1st Ticket in my Hobbit

Thanks for posting,Roger! We all need to stay abreast of what law enforcement(city or state) is up to regarding our riding rights.

The eyeglass thing.............I'm curious about that,since I always ride with safety glasses and a `CHIPS' style helmet.I really think everyone needs to ride with eyeglasses,because of all the bugs and debris out there.

Post back and let us know,please,the outcome of the case? don-ohio (:^)

Re: Got my 1st Ticket in my Hobbit

Patrick Keaton /

You have to be a know-it-all.

If he was a know-it-all at the time he was ticketed,he would not have been ticketed,if the statute and/or ordinance was quoted to the officer.

Re: Got my 1st Ticket in my Hobbit

Even with a full face you need glasses if the visor is up.

Re: Got my 1st Ticket in my Hobbit

The law is very specific. I was not going to argue with the cops over the law. I'll let the judge decide that. Like I said, as soon as I got to the stop sign to leave my neighborhood, I saw the cop car driving up a mile down the road. I kept my speed below 26 mph.

I even talked to a Highway Patrol officer I ran into at a local gas station and he said the same thing. Eye protection nor Helmets, nor insurance, are not require while riding my 49cc Moped. (edited)

Re: Got my 1st Ticket in my Hobbit

Patrick Keaton /

In Florida,if you are 16 years old or older,and hold at least a regular operator drivers license [ Class E ] no helmet and no eye protection is required for the operator of a moped.

Re: Got my 1st Ticket in my Hobbit

simon thokaar /

Steve Clark Wrote:

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> Ask to go to Joliet Correctional Center, Jake

> Blues said best prison ever.

Been closed down since 2002.. they use statesville now.

Avoid trouble:

fallout Survivor /

It won t hurt you tho wear a brain bucket with eye protection.

It wont hurt you to exceed the legal requirements for a moped.

You can carry insurance.

I would not ride a moped without a DOT helmet... and at least goggles or heavy duty glasses.

Might help you to avoid confrontations and ticketing with ignorant cops.

Carry the statutes anyway.

Re: Got my 1st Ticket in my Hobbit

The law may require no eye protection but it's more valuable than a helmet at all speeds. Eyes don't regenerate. Bicyclists wear them for protection.

I think you'll win but should have a comfortable set of glasses to protect your vision. Eye injuries suck, been there.

Re: Got my 1st Ticket in my Hobbit

Just because it's legal to ride without a helmet does not mean it's safe. I dare you to jump off your moped going 10 MPH and report back how your head feels. In other words, please continue riding without a helmet. We need less idiots in the world.

Re: Got my 1st Ticket in my Hobbit

Like I said and like I told the Cops, I normally wear my Full-Face helmet, but I just going for a real quick spin to test out the new piston rings I had just installed.

These very young cops have never seen a moped and I will hammer that point in court.

Re: Got my 1st Ticket in my Hobbit

Overpriced Parts /

roger valentine Wrote:

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> Like I said and like I told the Cops, I normally

> wear my Full-Face helmet, but I just going for a

> real quick spin to test out the new piston rings I

> had just installed.

>

> These very young cops have never seen a moped and

> I will hammer that point in court.

Most seizes happen during test runs many times locking the wheel/possible accident. If anytime to wear a helmet it's during a test run

Re: Got my 1st Ticket in my Hobbit

Good point,Ken! Anyway, I wish everyone would wear a helmet.I've had a few wrecks while I was learning the moped dos and dont's,and a helmet always helped.

A guy forced me off the road once,and I landed 25 mph in grass.Still took a lick to my head and neck thru the helmet and busted my glasses.

Please wear helmets. don-ohio (:^)

Re: Got my 1st Ticket in my Hobbit

I covered most of my right side in road rash on a single run trying out a new jet and needle position. I was wearing a helmet... But not a jacket. I shredded my tee shirt and the hip area of my jeans. And, it wasn't even a bike malfunction but my focus on the bike that distracted me from the end of the available road on which I was screaming down. Tuning runs are some of the most dangerous.

Re: Got my 1st Ticket in my Hobbit

Well today was the day, but it did not go the way I thought it was going to go.

The Rookie cop has 6 months on the job and stated I was on a moped. I gave the judge a copy of the statue and he looks at my Florida registration that stated under the CC/Brake HP entry '49' and (mind you he is retired and only does this part-time now, that I have 49 HP! and not 2HP that mopeds have. "Judge that is 49 CC's /cubic centimeters"

Then proceeds to state that he will study the matter and issue a ruling in the mail.

They don't have an option to add or edit that entry. It has to be one set of numbers. CC or HP not both. "Body style" is where it would state Moped (MP), Motorcycle (MC) etc. I'll fight this all the way to the Florida Supreme court if I have to. The judge honed in on the "2hp" part of the statue, he misread the statue. The purpose of the 2HP is used to define what a moped is. That determination is done by the state, not the courts. The VIN # and the DMV has classified my Honda PA50 as a moped, which means I have met the definition, which includes the 2HP. It does not have to be spelled out as the judge insists in the cc/hp section of the registration.

Re: Got my 1st Ticket in my Hobbit

Andrew Squiggman /

*STATUTE*

Re: Got my 1st Ticket in my Hobbit

Win or lose you have to waste more time, that sucks.

Re: Got my 1st Ticket in my Hobbit

Mikey Antonakakis /

Jeez, what idiots. Keep fighting! And always wear your helmet, Ken made a great point, although some mopeds don't do anything but coast when the motor seizes. My Pug is not one of them lol. 45mph skid, yay!

Re: Got my 1st Ticket in my Hobbit

What a waste of time for everyone!

Re: Got my 1st Ticket in my Hobbit

If just one person makes the decision to wear eyeglasses and/or a helmet because of these posts,it's not a waste of time. don-ohio (:^)

Re: Got my 1st Ticket in my Hobbit

This post made me decide to never where my helmet or eye protection.

Re: Got my 1st Ticket in my Hobbit

I won, case dismissed booya!

Re: Got my 1st Ticket in my Hobbit

Princess Rapunzel /

roger valentine Wrote:

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> I won, case dismissed booya!

Congratulamatations!

Non-Lawyers like cops do not know the laws

fallout Survivor /

They do not teach officers this stuff, probably because it involves reading comprehension. Police officer ranks are not populated by lawyers .

Re: Got my 1st Ticket in my Hobbit

Way to go,Roger! Good and gooder! don-ohio (:^)

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