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Post by thevolget on Dec 27, 2015 19:50:07 GMT -5
I recently just got pulled over and given several tickets due to the officer stating that I was doing 45mph in a 30mph, while coming back from a quick run to the store in Norfolk, VA.
I was on my way back home on a section of road where the speed is 30, and getting passed quite frequently by other traffic on the way up the road. Not even 200ft before I supposedly got "clocked at 45mph", I had the car in front of me make a left hand turn, which required me to almost come to a stop (speedometer was at less than 10mph reading). I just purchased this scooter last year and everything is completely stock except for the air filter on the carb (I accidentally broke the air box off last week kickstarting it from a dead battery), which is ordered and should be here in the next couple days. Even when new, I could never get the scooter to get anywhere near the 40mph mark on the speedometer (and have personally GPS verified the speedometer with my cell phone to register about 3 mph over actual speed).
****45 mph in a 30 - Not possible to have been doing in such a short distance from where was supposedly "clocked" and not even possible going downhill (have a overpass that I go over several times a week to head to work). The scooter also leans out from too much air at WOT (again missing air box, so cone filter on a stock carb).
****Failure to provide registration - I didn't have the registration on me at the time (which was in my other wallet, was just a quick run to the store so only grabbed my bank card, I'd and helmet).
****Failure to secure proper registration - Because the officer stated that I was doing in excess of 35mph on a moped, meaning that my scooter was now according to him classified as a motorcycle.
****Failure to have valid drivers licence - Again, because the scooter was supposedly doing 45mph, classifying it as a motorcycle. Only requirement in Virginia is to have a valid I'd on you when riding and a helmet.
****Failure to have insurance - Yet again, because supposedly was doing over 35mph, and classified as a motorcycle
****Failure to have valid inspection - See above
****Failure to have valid motorcycle licence - Again, see above
Is there anything that I can do to prove that there's no way that I was going the above speed and have all the tickets thrown out. This is the first time I've ever been ticketed in over 9+ years of riding a scooter. I'm wondering what actions I can take prior to going for the court date that I can do.
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Post by tortoise on Dec 27, 2015 20:35:52 GMT -5
Year, brand, model, 2 or 4-stroke engine? |
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Post by thevolget on Dec 27, 2015 21:08:45 GMT -5
Year, brand, model, 2 or 4-stroke engine? 2014 Bintelli Scorch, 50cc 4t Qmb139 with 3700mi on original belt. Completely stock except for a cone filter on a 2.25" chrome pipe run to carb because of a broken air box. |
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Post by dollartwentyfive on Dec 27, 2015 21:15:24 GMT -5
the only thing you can hope for is, the cop car wasn't equipped with a camera.
if the cop has video proof of the radar readout . . . say bye bye to your ride.
it will be impounded, which it should already be if you wasn't properly licensed.
by the time you get yourself legal, the impound fees, which are compounded daily, will be beyond the value of the scoot.
caveat: if your scoot is impounded because you didn't have a MC endorsement, then IMMEDIATELY go to the BMV and get a MC permit.
don't forget the insurance.
you need to do this ASAP, like in tomorrow.
this will allow you to get your scoot out of impound before the fees become astronomical.
the impound lot will not release your ride until you can prove you are legal to ride it.
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Post by tortoise on Dec 27, 2015 21:17:16 GMT -5
Was this post referencing a different scooter? |
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Post by thevolget on Dec 27, 2015 22:44:27 GMT -5
Was this post referencing a different scooter? Yes, I have two scooters. Ones an icebear, the other a Bintelli. The icebear is more of my brothers ride as it's too low for me to ride as I'm 6'3 and it's barely at the bumper of my Accord. |
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Post by thevolget on Dec 27, 2015 22:45:20 GMT -5
the only thing you can hope for is, the cop car wasn't equipped with a camera. if the cop has video proof of the radar readout . . . say bye bye to your ride. it will be impounded, which it should already be if you wasn't properly licensed. by the time you get yourself legal, the impound fees, which are compounded daily, will be beyond the value of the scoot. caveat: if your scoot is impounded because you didn't have a MC endorsement, then IMMEDIATELY go to the BMV and get a MC permit. don't forget the insurance. you need to do this ASAP, like in tomorrow. this will allow you to get your scoot out of impound before the fees become astronomical. the impound lot will not release your ride until you can prove you are legal to ride it. That's the thing, the cop didn't impound. He'll he let me ride off on it right after he finished. Which really got me since he ticketed me for several things that would have resulted in an impound if was driving a MC. |
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Post by dollartwentyfive on Dec 27, 2015 23:36:11 GMT -5
that's odd.
i can't imagine why he would give you a ticket for improper licensing, but yet didn't impound your ride.
i'm not familiar with virginia laws so i can't really offer any advice.
the only thing i can say is, get a lawyer, and good luck.
it seems to me, if the scoot should have been impounded but wasn't, then the entire load of tickets could be thrown out, all of them.
by not impounding your ride, and watching you ride it, this cop was basically letting you commit a crime, and was watching you do it, and not doing anything about it.
yeah, i'd get a lawyer.
i would still get a MC permit, along with the insurance.
in indiana, a MC permit can be renewed indefinitely until you take the skills test.
i renewed mine twice.
insurance is dirt cheap for a MC, mine is 11-12 bucks a month.
the bad part about a permit is you can't have any passengers and you can't ride at night.
no night riding would bug the crap out of me, i loved riding my 50cc at night.
oh yeah, you have to wear a helmet, but you said that is required anyway.
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Post by thevolget on Dec 27, 2015 23:49:19 GMT -5
that's odd. i can't imagine why he would give you a ticket for improper licensing, but yet didn't impound your ride. i'm not familiar with virginia laws so i can't really offer any advice. the only thing i can say is, get a lawyer, and good luck. it seems to me, if the scoot should have been impounded but wasn't, then the entire load of tickets could be thrown out, all of them. by not impounding your ride, and watching you ride it, this cop was basically letting you commit a crime, and was watching you do it, and not doing anything about it. yeah, i'd get a lawyer. i would still get a MC permit, along with the insurance. in indiana, a MC permit can be renewed indefinitely until you take the skills test. i renewed mine twice. insurance is dirt cheap for a MC, mine is 11-12 bucks a month. the bad part about a permit is you can't have any passengers and you can't ride at night. no night riding would bug the crap out of me, i loved riding my 50cc at night. oh yeah, you have to wear a helmet, but you said that is required anyway. Yeah, night riding is a requirement as my 50cc is my main way back and forth to work. Same restrictions with the Virginia MC permit too. But I have to also have a DL first before applying (only permit currently). |
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Post by SylvreKat on Dec 28, 2015 0:21:04 GMT -5
Do you have a good licensed mechanic that would be willing to go with you after you prove to him what this scooter's top speed is? Then he can testify that it was impossible for you to be going 45 as cited.
>'Kat
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Post by thevolget on Dec 28, 2015 0:22:43 GMT -5
Do you have a good licensed mechanic that would be willing to go with you after you prove to him what this scooter's top speed is? Then he can testify that it was impossible for you to be going 45 as cited. >'Kat I'll have to check with the dealership I got it from tomorrow as they have done all the overhauls |
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Post by dollartwentyfive on Dec 28, 2015 2:45:12 GMT -5
i agree with kat, if you can find a professional mechanic that will plead for you, and in connection that your bike wasn't impounded, you have a very good chance of getting out of all of this.
i still recommend a lawyer to help you though.
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Post by rockynv on Dec 28, 2015 5:22:29 GMT -5
Sounds like a local crack down on modified 50's and such. Even if it was not modified a 50 on a downhill can zip up to 45 faster than most will realize especially if its a 2stroke so there is a chance you were still over the 25 mph moped limit.
If it was by visual estimate which it should say on the ticket then you have a chance of beating this one however if there is an option to just take a drivers education class to clear it that may be the easiest way out. Many times you can just pay a small fee and take those on-line without missing time from work, etc.
On not taking your wallet with id and medical insurance info etc while riding well that's not a very good idea. Always have you wallet with you with your info as its one of the important safety devices that no rider should be without.
Ride Safe!
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Post by dollartwentyfive on Dec 28, 2015 6:10:30 GMT -5
in my opinion, since the scoot wasn't impounded then the OP cannot be charged with riding while improperly licensed.
the only thing the OP can be charged with is speeding, and it doesn't matter if he was going downhill or not.
a mopeds top speed is determined legally on a straight and level course.
one other thing to be aware of.
in indiana, they passed a law that makes it illegal for you to ride a moped if your license was taken legally by the court.
all moped riders must either be licensed or registered by the BMV.
this law came into effect within the last few years.
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Post by JR on Dec 28, 2015 10:14:23 GMT -5
I recently just got pulled over and given several tickets due to the officer stating that I was doing 45mph in a 30mph, while coming back from a quick run to the store in Norfolk, VA. I was on my way back home on a section of road where the speed is 30, and getting passed quite frequently by other traffic on the way up the road. Not even 200ft before I supposedly got "clocked at 45mph", I had the car in front of me make a left hand turn, which required me to almost come to a stop (speedometer was at less than 10mph reading). I just purchased this scooter last year and everything is completely stock except for the air filter on the carb (I accidentally broke the air box off last week kickstarting it from a dead battery), which is ordered and should be here in the next couple days. Even when new, I could never get the scooter to get anywhere near the 40mph mark on the speedometer (and have personally GPS verified the speedometer with my cell phone to register about 3 mph over actual speed). ****45 mph in a 30 - Not possible to have been doing in such a short distance from where was supposedly "clocked" and not even possible going downhill (have a overpass that I go over several times a week to head to work). The scooter also leans out from too much air at WOT (again missing air box, so cone filter on a stock carb). ****Failure to provide registration - I didn't have the registration on me at the time (which was in my other wallet, was just a quick run to the store so only grabbed my bank card, I'd and helmet). ****Failure to secure proper registration - Because the officer stated that I was doing in excess of 35mph on a moped, meaning that my scooter was now according to him classified as a motorcycle. ****Failure to have valid drivers licence - Again, because the scooter was supposedly doing 45mph, classifying it as a motorcycle. Only requirement in Virginia is to have a valid I'd on you when riding and a helmet. ****Failure to have insurance - Yet again, because supposedly was doing over 35mph, and classified as a motorcycle ****Failure to have valid inspection - See above ****Failure to have valid motorcycle licence - Again, see above Is there anything that I can do to prove that there's no way that I was going the above speed and have all the tickets thrown out. This is the first time I've ever been ticketed in over 9+ years of riding a scooter. I'm wondering what actions I can take prior to going for the court date that I can do. Ok I've read all of this while there are some good points made I'll address your question as to how to fight it. I'm not familiar with the laws of Virginia so you're on your own there. If indeed all you say is true then IMO you should be able to build a solid case to a reasonable judge that can dispute all the officer cited you for. First thing is to print out the specs of this scooter, take note of the 2.4HP of the engine and high light it, also take note of the 12" wheels and lastly you mentioned your weight at 263lbs. All people know that maximum speed on any two wheeled machine depends on rider weight and specs of the machine and in the case of a 50cc scooter with 2.4HP, 12" wheels and a rider with a weight of 263lbs isn't going to be a speed demon. Also the 2.4HP is at a maxed out 8200RPM so WOT. bintelliscooters.com/product.aspx?ProductId=158&title=49cc+Bintelli+ScorchNow you mentioned that a car turned left in front of you and you had to almost come to a stop before moving on and then in less than 200ft you were ticketed for going over 30mph? If this is the case then go back to the same spot, if possible duplicate the exact events and video record them. I don't know of any stock 50cc scooter that can achieve more than 30mph in a 200ft span, I even own a 50cc and it'll not do it with my 250lb body on it. Video this and you mentioned a GPS take GPS readings and record them. If this engine has 3700 miles on it then more than likely it's not at peak RPM/MPH performance as when it was new. These little 50cc engines lose power at high mileage and 3700 miles it a lot for a 50cc air cooled engine. Also GPS will be more accurate than a Chinese speedo and a good mechanic will know this so the inaccurate Chinese speedo won't hurt your case if challenged. Again if it is stock the specs and GPS readings will dispute the officers claims and radar readings, one needs to remember radar is not accurate. Lastly if at all possible have a mechanic make a signed statement that the scooter hasn't been modified or upgraded to a greater cc rating or engine displacement and that by his own riding it will not reach the speeds of 45mph. I wouldn't mention lean conditions, that can actually add some RPM and speed but not that much. You also said you have been riding a scooter for 9 years and never had a ticket. If this is the case and you've not had any brushes with the law that would create a situation where a officer has as what we say "in for you" then point this out also. I know lot's of cases in my state where people ride a 50cc everyday for a reason and the reason is they have had prior problems with their driving record and a 50cc scooter is the only way they have to commute legally on a public highway and this would hamper their case in a court room. I'm not saying this is the case for you but just bringing up things related to what you mentioned. There are also people who have never had a problem with driving and use a 50cc scooter for economic reasons and have a very short commute to work and this kind of scooter is very ideal for that situation. Myself I wouldn't be afraid of representing myself in court for this ticket, I have done so in the past in my younger days with success on two occasions where I was not in the wrong and with both cases I was prepared to appeal the cases and get a lawyer had I lost. But I was also prepared with facts like I mentioned above in both cases and that's why I prevailed, I'm telling you that if you are correct in all you stated you should be able to prove it to a reasonable judge. JR |
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