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Author Topic: Incident today involving a rude cop  (Read 3690 times)
Adam_W
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Me with Baron von Fresenius

« on: February 06, 2009, 03:04:21 PM »

I was riding my scooter back home from the dialysis centre today, and I was quite surprised when a cop flashed his lights and siren at me. At first I wasn't sure it was for me because I was in a huge traffic jam, so I pulled into a parking lot, and sure enough, the cop was after me. When he got out of his car, the first thing he asked was "what are you dong?" I immediately thought WTF? What does it look like I'm doing? He then goes on to tell me that I "can't drive an unlicensed scooter on the street". I explained to him that a 50cc scooter is allowed to ride on the street without a license, and that it is fully DOT approved. I added that I made sure of all this before I got the scooter, and the shop that sold the scooter, which was a reputable dealer, assured me that my operation of the scooter is perfectly legal. I'm just not allowed to drive it on interstate highways, or bike trails. The cop rudely brushed all of that aside, and said "I've been in this department for 27 years and I know what I'm talking about". Well, apparently he doesn't know a rats arse about 50cc moped scooters. He let me go, but said if he stops me again, he'll give me a ticket. Unfortunately, I didn't get his badge number, but I wish I had. I still left a message with the police department's complaint line. I also called the shop where my scooter was purchased, and told them everything that happened. The receptionist transferred me to the general manager (after saying the cop was a jerk), and the GM informed me that I did absolutely NOTHING wrong. He's quite familiar with the laws regarding these scooters because he sells them for a living!. I was told that if I do get a ticket, all I need to do is bring my certificate of origin to court, and any judge who knows what the hell he's doing, will throw out the case. Oh yeah, and the cop actually said that whenever I ride my scooter, I'm "on a crime spree", and he accused people at the shop that sold it to me of being criminals too, because, in his own words, "I didn't buy the scooter from a police officer". Well, I'm not going to let this one bad cop stop me from doing what I do. I'll continue using my scooter, and if this cop has a problem with it, he'll see me in court.

Adam
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-Diagnosed with ESRD (born with one kidney, hypertension killed it) Jan 21st, 2007
-Started dialysis four days later in hospital (Baxter 1550-I think, then Gambro Phoenix)
-Started in-centre dialysis Feb 6th 2007 (Fres. 2008H)
-Started home hemo June 5th 2007 (NxStage/Pureflow)
-PD catheter placed June 6th 2008 (Bye bye NxStage, at least for now)
-Started CAPD July 4th, 2008
-PD catheter removed Dec 2, 2008-PD just wouldn't work, so I'm back on NxStage
-Kidney function improved enough to go off dialysis, Feb. 2011!!!!!
-Back on dialysis (still NxStage) July 2011 :(
-In-centre self-care dialysis March 2012 (Fresenius 2008K)
-Not on transplant list yet.


"Don't live for dialysis, use dialysis to LIVE"
okarol
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« Reply #1 on: February 06, 2009, 03:07:39 PM »


I would get a copy of the vehicle code or law that backs up your position - keep it with you - next time Officer Jerkoff stops you, show it to him. If he still writes you a ticket you'll have to go to court. Good luck!
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Admin for IHateDialysis 2008 - 2014, retired.
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Romona
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« Reply #2 on: February 06, 2009, 03:08:47 PM »

With all the drug dealers and wackos on the street the guy had nothing better to do than hassel you? I'm glad you stood up to him. :clap;
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kellyt
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« Reply #3 on: February 06, 2009, 03:12:14 PM »

Was he ever bored today.  That is ridiculous!  Sorry you had to take time out of your day to deal with a jerk cop!   And the reason he didn't give you a ticket is because he knew you were right (in my opinion).   :twocents;
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boxman55
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« Reply #4 on: February 06, 2009, 03:14:48 PM »

Nice job Adam, kick some butt...Boxman
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« Reply #5 on: February 06, 2009, 03:19:16 PM »

Good one mate
Glad you gave him "what for"
I reckon he's been on the force to long and probably is too lazy to chase real crims


I like Okarol's idea - be armed and ready for next time
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paul.karen
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« Reply #6 on: February 06, 2009, 03:20:40 PM »

I wonder if this law changes from state to state.
I was under the impression any motor vehicle had to be licensed to drive on public roads.  You know they want there TAXS.
So im glad you knew the deal Adam.  What did he pull you over for in the first place.  
And he was the JERK for sure.  But he is likely steaming more then you for being put n his place
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Adam_W
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Me with Baron von Fresenius

« Reply #7 on: February 06, 2009, 04:02:31 PM »

I wonder if this law changes from state to state.
I was under the impression any motor vehicle had to be licensed to drive on public roads.  You know they want there TAXS.
So im glad you knew the deal Adam.  What did he pull you over for in the first place.  
And he was the JERK for sure.  But he is likely steaming more then you for being put n his place


He was a jerk alright. The laws do differ somewhat in different states I think. In Indiana, if the scooter has an engine displacement of 50cc or smaller (smaller than most lawn mower engines), it is classified as a "motorized bicycle", and has the same laws as a bicycle does. It can be operated on any public road except interstate highways, and the operator has to be 15 or older, and has to have a valid Indiana state ID. The cop pulled me over because I didn't have a visible license plate which I don't need. What sent him into even more of a "frenzy" was the bracket on the back of the scooter where a license plate would attach. He claimed that as "undeniable proof" that I had to have a license to operate it, when in fact, that bracket is for those who CHOOSE to register their vehicle, and it is not REQUIRED by law.  And yes, that cop must have been REALLY bored!

Adam
Logged

-Diagnosed with ESRD (born with one kidney, hypertension killed it) Jan 21st, 2007
-Started dialysis four days later in hospital (Baxter 1550-I think, then Gambro Phoenix)
-Started in-centre dialysis Feb 6th 2007 (Fres. 2008H)
-Started home hemo June 5th 2007 (NxStage/Pureflow)
-PD catheter placed June 6th 2008 (Bye bye NxStage, at least for now)
-Started CAPD July 4th, 2008
-PD catheter removed Dec 2, 2008-PD just wouldn't work, so I'm back on NxStage
-Kidney function improved enough to go off dialysis, Feb. 2011!!!!!
-Back on dialysis (still NxStage) July 2011 :(
-In-centre self-care dialysis March 2012 (Fresenius 2008K)
-Not on transplant list yet.


"Don't live for dialysis, use dialysis to LIVE"
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« Reply #8 on: February 06, 2009, 09:25:11 PM »

Make sure like Karol said and being 100% informed.  I think the cop figured he might not know for sure that's why he didn't ticket you. Think about it, if you were driving an non licensed vehicle he can not allow you to continue on without at the minimum a warning citation where you would have to prove you licensed it within 10 days, at least that is what they do here. They could make you park it and impound it at the worst case scenario.
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mikey07840
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« Reply #9 on: February 06, 2009, 11:12:48 PM »

You are lucky you live the state you do.

New Jersey Moped Laws

15 Oct 2008 - updated New Jersey Moped Manual is now available in PDF and HTML formats. (Thanks to Jerard Basmagy!)
Moped definition

A motorized bicycle, or moped, is defined by law as a pedal bicycle with a helper motor that has a maximum piston displacementof less than 50 cubic centimeters, or no more than 1.5 brake horsepower,and is capable of a maximum speed of no more than 25 miles per hour on a flat surface. A ticket can be issued to moped operators if they are traveling faster than 25 mph in a 30 mph speed zone.Motorized tricycles are not legal in New Jersey and cannot beoperated on public roadways.

Although they resemble bicycles, MOPEDs are heavier and handle differently. They usually require longer braking distances to stop, don't turn as quickly and are harder to pedal than bicycles.

Moped License requirements
Operators must carry a valid driver license, registration certificate and insurance identification card while driving a MOPED. Failure to do so can result in a fine up to $50.

How to Obtain a Moped License
be at least 15 years old
Visit an MVC Agency to complete an application for a moped permit.
Pass the 6 Point ID Verification
Pay $5 examination permit fee
Pass the knowledge and vision tests to validate your permit. Study by reading the Driver Manual and Motorcycle Manual
You must practice with a permit for at least 20 days before being eligible to take the road test
If you pass the road test, take your permit, ride slip and score sheet to an MVC Agency to receive your license and pay the $6 license fee

Moped registration
Owners must Title and register their vehicles before they can be driven on public roadways. Only MOPEDs approved by Motor Vehicle Services can be titled and registered. The titling fee is $20. The registration fee is $8 a year. MOPEDs must have a special MOPED license plate displayed on the rear of the vehicle. You can title and register the MOPED at any motor vehicle agency.

Moped insurance
Obtain liability insurance covering bodily injury up to $15,000, death up to $30,000, and property damage up to $5,000.

Other moped laws
All operators and riders must wear a helmet. Safety helmets must meet the specifications established by the U.S. Department of Transportation. A full face shield is not required, but is recommended to prevent injury. Failure to do so will result in a serious injury and/or a fine of up to $100.
Eye protection, such as goggles, is recommended, but not required to operate a moped.
Mopeds must drive on the road as far to the right as possible, with an exception for turning left.
Operators cannot drive mopeds more than two abreast when traffic is not impeded. If traffic is impeded, mopeds must be operated in a single file line.   Drivers should then communicate with other moped drivers with hand or voice signals.
Operators are not allowed to carry passengers.
Mopeds cannot attach themselves to other vehicles to "hitch a ride."
Mopeds cannot be operated on sidewalks, the interstate highway system, four-lane highways divided by a median, railroads, and highways with a speed limit over 50 mph.
Mopeds are required to have a bell or horn that can be heard from at least 100 feet away
A front white headlamp and red rear taillight that can be seen from 500 feet are required on all mopeds. These lights can be used all day, but must be used between sunset and sunrise, and in bad weather conditions.
Mopeds must have enough braking power to make the vehicle skid a dry, level, and clean piece of pavement.
The recommended clothing that moped operators should wear for safety reasons includes:
Bright clothes for easy visibility
An approved motorcycle helmet
Goggles, faceshield, and glasses
Pants made of heavy material
Heavy jacket for protection against scrapes
Leather gloves for grip
Several layers of clothing
External Resources
 New Jersey Motor Vehicle Commission
 New Jersey Moped License Information

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06/85 Diagnosed with type 1 Diabetes
10/04 Radical Nephrectomy (Kidney Cancer or renal cell carcinoma)
02/08 Started Hemodialysis
04/08 Started Peritoneal Dialysis (CAPD)
05/08 Started CCPD (my cycler: The little box of alarms)
07/09 AV Fistula and Permacath added, PD catheter removed. PD discontinued and Hemodialysis resumed
08/09 AV Fistula redone higher up on arm, first one did not work
07/11 Mass found on remaining kidney
08/11 Radical Nephrectomy, confirmed that mass was renal cell carcinoma
12/12 Whipple, mass on pancreas confirmed as renal cell carcinoma

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twirl
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« Reply #10 on: February 07, 2009, 06:15:48 AM »

Adam
I am proud of you
bubba was stopped because he has long hair and he drives an old brown truck and he was in a neighborhood where drugs deals are known to go on
he was giving another basketball player a ride home and it was late -- after a play-off game
the police wanted to check my son's truck and my son told him - No sir
then when he found out my son's name - the police let him go --- the police has known my husband for years and my husband coached one of his kids
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Joe Paul
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« Reply #11 on: February 08, 2009, 04:11:03 AM »

You handled things well. As the others said, best to carry written proof of laws. I wonder though, it says there, in the laws Mikey posted "and is capable of a maximum speed of no more than 25 miles per hour on a flat surface".  Doesn't your moped go faster than 25? Seems to me, that would be the only sticky part of that law.
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BigSky
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« Reply #12 on: February 08, 2009, 07:29:13 AM »

   
Here is what was on the net for Indiana. 

You might double check on the cc part to see how it is interpreted. 

The way this reads to me  is that if it is under 50 cc, meaning 49 cc or less, it doesnt need a license.  50cc or more it does.

   
Indiana Moped Laws
Moped Definition

A moped, or "Motorized bicycle," is a two (2) or three (3) wheeled vehicle, that is propelled by an internal combustion engine or a battery powered motor. If it is powered by a motor, the engine have less than two horsepower, a cyclinder capacity less than 50c.c., an automatic transmission, and a maximum speed less than 25mph on a flat surface. Electric mopeds are only required to travel less than 25mph on a flat surface.
Mini Choppers

Mini choppers are usually classfied as motorcycles because they may not meet all the requirements above to be classified as a moped. Since they are classified as motorcycles, they are required to have a license plate, proof of insurance, and the rider must have a motorcycle endorsement on his or her driver's license.
Moped Licensing Information

Moped operators must be atleast fifteen years old, and they must possess a Bureau of Motor Vehicles (BMV) issued license or identifaction card. No motorcycle license is required to operate a moped.
Safety Information and Laws

Everyone under the age of 18 is required to wear a helmet and eye protection while riding on a moped. The protective headgear that is worn must meet the requirements set by the USDOT. The protective eyewear required can be a pair of protective glasses, goggles, or a transparent face shield. All operators under the age of 18 who ride on motorcycles must also wear a helmet and eye protection.

Mopeds cannot be operated on sidewalks or Interstate highways.

Anyone caught riding a motorcycle without the proper registration or equipment will be given a ticket and the motorcycle will be impounded until it is licensed and insured correctly. The fines for these violations will range between $112.00 to $132.00 dollars.

Mopeds are also required to abide by the following laws regarding the operation of vehicles on public land:
# Brakes are required that are capable of producing deceleration at 14 feet per second on level ground at a speed of 20 miles per hour.
# Vehicles cannot be used to hunt, kill, or pursue a wild bird or any wild or domestic animal
# An individual shall not operate a vehicle 30 minutes after sunset to 30 minutes before sunrise without having a lighted headlight and taillight
# An individual shall not operate a vehicle unless the vehicle has a muffler in good working condition and in continual operation to prevent excessive or unusual noise and annoying smoke.
# A person who violates these statues commits a Class C Infraction or a Class B Misdemeanor.

Vehicle Registration

If you are renewing a registration, you will pay an excise tax fee (perhaps a sur and wheel tax if applicable to your county) and a registration fee. You can renew a standard vehicle registration, along with many other transactions, at any license branch in the state of Indiana. All registrants are required to provide the name of their current insurance company and their corresponding policy number.

If you have purchased a vehicle, State law requires Indiana residents to remit a 7% Indiana sales tax on vehicle purchases. Motorists who purchase a vehicle from an out-of-state dealer or from an individual must pay sales tax at the time of title application. Motorists must apply for a title within 31 days of purchase. Failure to do so will result in a late fee.

If you are a new Indiana resident, you are required to have a certificate or origin, odometer statement, proof of insurance, and a verification of your Social Security number.
« Last Edit: February 08, 2009, 07:31:30 AM by BigSky » Logged
Adam_W
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Me with Baron von Fresenius

« Reply #13 on: February 08, 2009, 09:07:28 AM »

Most "50cc" mopeds are not literally 50cc, but they are 49 or 49.5cc, or something similar. Mine has an actual engine displacement of 49.8, so even though it is only by .2cc, my moped is still within the "moped" category. The speed is the only issue, and it is almost impossible to find a modern moped that only goes 25mph. Mopeds can be "de-rated" so they can only go at a certain speed, and largely because of this incident, I plan on taking it to the shop and having it de-rated. Also largely because of this incident, I've ordered a custom "moped license plate" that identifies the vehicle as being a moped with no license requirement.

Adam 
« Last Edit: February 08, 2009, 09:10:00 AM by Adam_W » Logged

-Diagnosed with ESRD (born with one kidney, hypertension killed it) Jan 21st, 2007
-Started dialysis four days later in hospital (Baxter 1550-I think, then Gambro Phoenix)
-Started in-centre dialysis Feb 6th 2007 (Fres. 2008H)
-Started home hemo June 5th 2007 (NxStage/Pureflow)
-PD catheter placed June 6th 2008 (Bye bye NxStage, at least for now)
-Started CAPD July 4th, 2008
-PD catheter removed Dec 2, 2008-PD just wouldn't work, so I'm back on NxStage
-Kidney function improved enough to go off dialysis, Feb. 2011!!!!!
-Back on dialysis (still NxStage) July 2011 :(
-In-centre self-care dialysis March 2012 (Fresenius 2008K)
-Not on transplant list yet.


"Don't live for dialysis, use dialysis to LIVE"
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