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View Full Version : Ticket for improper display of tag........ go walk your dog.


DaveInDaytona
09-23-2002, 04:02 AM
I've never written a true hollywood story before, but this is a chapter I thought I would write in an attempt to tell you of this new way of our tax dollars being put to good use.

I recently had a close encounter with a overzealous Volusia County K-9 officer. He seems to think it's his sworn duty to rid the county of these dangerous sportbike riders who ride on our roads with hazardous equipment. I know he and his dog equipped Durango are desiged to detect such violations and I was doomed when I got my sportbike within his range. I have ridden past hundreds of police officers from all agencies over the past two years with the same dangerous equipment, even being stopped and the danger not being mentioned to me by any other officer. But this officer and his special equipped K-9 vehicle was no match for me. I was riding my dangerously equipped vehicle past him and when he detected my sportbike with such a violation he hazardously weaved his Durango though traffic with blue lights flashing to make sure I was immediately stopped. After I removed my riding gloves and helmet I got the standard "I need to see your license and registration". He then proceeded to tell me the dangerous condition my sportbike had that cause him to weave through traffic and warn me. He said, " you can't have your tag there, it needs to be visible". I handed him my license and registration and he then called in my tag number as he stood behind my bike reading my invisible tag into his mike, zebra x-ray 1 2 ........ on a blue Honda. Honda ? WTF ? I didn't say a word because it clearly says KAWASAKI on the side of the tank which was also in clear view. I guess the strain of reading that tag he couldn't see had ruined his eyes for a moment because he then corrected the call by saying KAWASAKI.

He then walked to sit with in the flashing Durango with his puppy and write me a ticket. When he came back out and told me I was going to get a ticket I asked him what mounting was required. He told me it needs to be mounted here, gestured to the area directly under the tail light, and told me it needs to be visible. This is the guy that was able to read this same invisible tag moments earlier while standing behind the bike.

I took the ticket and he said "have a nice night". Yes, that's exactly what he said. Don't you always have a nice night after you're written a ticket for something that is just plain garbage ??

Well I decided to look up the Florida statute to see exactly what the rules are. Here is the section that applies:


316.605 Licensing of vehicles.--

(1) Every vehicle, at all times while driven, stopped, or parked upon any highways, roads, or streets of this state, shall be licensed in the name of the owner thereof in accordance with the laws of this state unless such vehicle is not required by the laws of this state to be licensed in this state and shall, except as otherwise provided in s. 320.0706 for front-end registration license plates on truck tractors, display the license plate or both of the license plates assigned to it by the state, one on the rear and, if two, the other on the front of the vehicle, each to be securely fastened to the vehicle outside the main body of the vehicle in such manner as to prevent the plates from swinging, with all letters, numerals, printing, writing, and other identification marks upon the plates clear and distinct and free from defacement, mutilation, grease, and other obscuring matter, so that they will be plainly visible and legible at all times 100 feet from the rear or front. Nothing shall be placed upon the face of a Florida plate except as permitted by law or by rule or regulation of a governmental agency. No license plates other than those furnished by the state shall be used. However, if the vehicle is not required to be licensed in this state, the license plates on such vehicle issued by another state, by a territory, possession, or district of the United States, or by a foreign country, substantially complying with the provisions hereof, shall be considered as complying with this chapter. A violation of this subsection is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

OK, lets see.

Licensed in the name of the owner ? yes
Rear of the vehicle ? yes
Securely fastened ? yes
Prevented from swinging ? yes
Free from defacement ? yes
Plainly visible from 100 feet ? yes
Nothing placed over the front ? yes

So what's the problem ? Well legally there is none, but the Volusia County K-9 Durango deputy seems to think so and will stop you for it. Legal or not I moved the tag higher but I'll bet a sportbike hating deputy could still find something wrong with it. Good luck during Biketoberfest, the county is practicing their writing skills now on the sportbike community.

Hey deputy, did you know the minimum height of a tag needs to be 20 inches ? How about pulling over every Harley with an axle mounted tag - you would be busy all day writing those tickets, but maybe your dog only alerts for sportbikes.

To quote one of Volusia County's finest crime fighters, "Have a nice night".

</p>Edited by: <A HREF=http://pub128.ezboard.com/udaveindaytona.showPublicProfile?language=EN>DaveInDaytona</A> at: 9/23/02 12:05:53 am

AuctionAutos
09-23-2002, 06:02 AM
oh, thatÂ’s just plain stupid. Jealous that his salary as "deputy" cant provide him with the things he really wants, like a ZX12, is where the heart of the matter is. Dave, I hope and pray you are taking this to court. I would move it back and take lots of pictures. Then take some pics of those harley tags. Chances are the cop wont even show up for court.

I had my fill of b.s. ticket writing last bike week. about 25 of us were written up for "racing on roadway" while PARKED next to memorial speedway watching stunt guys do what they do. I took it to court, the judge asked me my name, I replied, then asked the deputy, was he indeed racing? he replied, he was with the rest, congregating, and watching them race. The judge then said.. so was he racing? No, the officer replied... Case dismissed.

Hopefully the judge will see the stupidity here as well....


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DaveInDaytona
09-23-2002, 02:54 PM
Well in general I have a great respect for the police, but like any other large group of people there are ones that aren't right. The problem with a cop with an attitude is that he has the power to exercise his bias on the population that he wants to target. I'm not sure it's a salary issue as much as a sportbike issue.

Unfortunately I won't be able to go to court and deal with this because that would get in the way of my work schedule so I now am going to sound like one of those worthless people that do nothing other than bitch. If this was a points ticket there would be a battle because it would be worth losing a day of work to follow up. You may begin flaming me now.

I am waiting to get one of those "racing" ticket myself because I stop to watch people stunt all the time. That one would be a BIG fight. Are you aware of any other circumstance that you can be charged with the crime another person commits just because you saw them do it ? In any other situation you would be called a witness, not the criminal.

There is a post on another board about a group that had stopped to watch people stunting and when the police showed up the stunters took off and the people that were watching were arrested and their bikes were impounded. No other crime is like this. Imagine being at 7-11 and someone walks in and robs it and just because you saw it happen you are charged, and they take your vehicle too. Total BS.

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ZX12R ALIEN 1
09-24-2002, 04:33 AM
ALIEN HERE <img src=http://www.ezboard.com/intl/aenglish/images/emoticons/alien.gif ALT="0]">

GOOD EVENING SIR DAVE...

SO THE EVIL WOOF WOOF GOTCHA.. DROP ME A LINE TOMMOROW, AND TELL ME WHO IT IS.. I MAY KNOW WHO HE IS...

ALIEN OUT <img src=http://www.ezboard.com/intl/aenglish/images/emoticons/alien.gif ALT="0]">

FAST AS FAST CAN BE YOU CAN NEVER CATCH ME :)</p>

tileman
09-24-2002, 10:20 PM
Wow sorry to hear this.

I got a ticket about 6 yrs ago in port orange for a brake
light being out.

The very young cop took my DL & ins card and went back to his car to call it in.

Well I got a new bulb out of the glove box and installed it right away would you beleave he still game me a ticket
for no light.

Cause in his words he had to what BS is that .

Ron.

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