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Hexangler
Posted on Monday, August 06, 2007 - 11:08 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Just got cited for:

26701(d) Prohibits red, blue or amber translucent aftermarket material in partitions, windows, windshields of motor vehicles.

By California Highway Patrol.

I told the officer that my black and cherry bomb xb12r is bone stock, he couldn't believe that a manufacturer or a dealer could sell amber, blue, or red windscreens on a vehicle in California.

Any advise is appreciated. Buell can write me at ericryan@ryanrodco.com if they can offer a solution.

Eric
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Spiderman
Posted on Monday, August 06, 2007 - 11:20 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Print off material from the website and take it to traffic court.

Also,
Go to the dealer and get a 07 sales book, if they do not have one let me know and I will check my archives and may have an extra one I could send you.
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Swordsman
Posted on Monday, August 06, 2007 - 11:21 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Whaaaaa?

Crazy!

~SM
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Ft_bstrd
Posted on Monday, August 06, 2007 - 11:23 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Take a brochure into court and show it to the judge. Their beef is with Buell, not you. I would say thought that there is a misunderstanding of the word "aftermarket".

Looks like you may have met one of the recent graduates of CHP school.
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98s1lightning
Posted on Monday, August 06, 2007 - 11:35 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

They really started pushing that back in the late 80's. They even put a ban on colored bug screens for trucks, they argue that when you look in the mirror and see one you might think its a civil servent wanting you to pull over. I think its just another DUMB rule that somehow we paid for.
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Mm128
Posted on Monday, August 06, 2007 - 11:35 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Thats a sign of a cop having NOTHING better to do.

Thats a WASTE of paper and ink


Matt. (LEO SOUTH GA.)
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Mikej
Posted on Monday, August 06, 2007 - 11:56 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

E-mail Court, he might be able to have a little fun with this one.
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Fez
Posted on Monday, August 06, 2007 - 12:45 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

aftermarket is the key. you are bone stock, so the phrase aftermarket makes you legal.

it doesnt re-imburse you for time wasted dealing with it though.
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Mikej
Posted on Monday, August 06, 2007 - 01:07 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Should be able to be handled without setting foot inside a courthouse.
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Lake_bueller
Posted on Monday, August 06, 2007 - 01:09 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Is there a CHiP headquarters close to you? I recommend stopping by with you bike. Either bring a sales brochere or have them pull up the website. He should be able to get this dismissed without having to hassle with seeing a judge.
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Diablobrian
Posted on Monday, August 06, 2007 - 02:24 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I got a warning a long time ago in CA for a blue zero gravity on my gsxr. Same regs were cited.


I was surprised when I first saw the red screens on the 'bolts, and now the blue. Buell may have to change all of the
CA bikes over to clear or smoked screens to meet state law before it is all over.
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Ratyson
Posted on Monday, August 06, 2007 - 02:59 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Hex, I hope you can get this squared away without too much trouble.

yay for Kalifornia... Just another reminder to me why I would never, ever, ever even consider moving to that state.

Another reminder happened to a fellow Subaru enthusiast who was similarly cited for his bone stock wrx having a hood scoop for the turbo intercooler.
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Djkaplan
Posted on Monday, August 06, 2007 - 03:22 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I got pulled over for not wearing a seat belt in my 1955 Ford once. The car didn't come with seat belts back in 1955... the cop was smart enough to back off and let me go.
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Diablobrian
Posted on Monday, August 06, 2007 - 06:02 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

They can't require seatbelts if they weren't original equipment any more than they can require turn signals if the
vehicle didn't come with them, like some old cars and motorcycles either.

Thats why H-Ds get a pass for lack of turn signals when the LEO in question can't tell the difference between a WL and an
evo, but sport bikes are far more likely to get busted for not having them. It doesn't mean people don't get away with
it though....just explaining why some riders get a pass.

I think the windscreens are pretty high profile items on the firebolts and will be a magnet for some LEOs that don't
like sport bike riders in general. All they need is a reason...no matter how thin.
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98s1lightning
Posted on Monday, August 06, 2007 - 06:17 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I got the best one, while traveling through the lovely Kern canyon I get pulled of by "Miss super CHP" for no reason that I could muster. She came to my door and and asked the norm ?'s "license & registration please." I handed all the docs to her and she walked to her car, now I'm a bit pushy @ times so I asked what I had done. She then informed me she was towing my Blazer do to illegal body mods that rendered it un-safe. WHAT? What are you talking about I asked in a very upset voice, thinking that the lift was too high or tires too wide but they wer'nt. I had NO idea what she was talking about so I asked again firmly, "what the hell are you talking about? I was told that I had better relax or I my self was going to be impounded. I asked her to get her srgt here ASAP and remained in the truck until he got there(45 min). He arrived on scene and asked her her side as I watched, He asked her if she was kidding with a very serious face and she said she was not, he then asked if all my paper work was OK and she replied yes and he asked her to stay there. Sarge then walks over to me and the Blazer and asks if I had done anything weird to the truck and I said no. He told me that she was pretty new and has never seen a full top blazer before so she thought it was a truck with a welded bed to cab mod. and was un-safe do to its lack of a roll bar and I was free to go, he explained that he was very sorry and that it wont happen again. Right before I started the blazer I heard him getting in her ass for making a stupid call like that. I guess that when I wanted to see sarge she got worried a bit and made it sound like I was threat, as I leave the area I see 3 or 4 more cop cars hiding around the corner just in case.
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98s1lightning
Posted on Monday, August 06, 2007 - 06:21 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

If I remember right, the law in Ca. is 1966 and older cars do not need seat belts and 1976 and older for trucks. I had that same thing happen several years ago when they passed the seat belt law. I was driving a 1966 VW Baja bug and got popped for no seat belt by a motor cop. I argued, I won.
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Ft_bstrd
Posted on Monday, August 06, 2007 - 06:45 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Many police officers do not understand the laws they enforce.

In TN that happens quite a bit with the Concealed Weapons Permit. The CWP allows you to carry one concealed on your person but doesn't require that it BE concealed.

There have been several folks who have been hassled by LEO's who have "seen" their weapon.
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Midknyte
Posted on Monday, August 06, 2007 - 06:57 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Many police officers do not understand the laws they enforce.

and too many police officers do not enforce the laws they do understand...
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Teddagreek
Posted on Monday, August 06, 2007 - 07:59 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Go to court... Take a Brochure...


I'd have a little fun with it.. Call up your local TV channels and see if they bite, thats one hell of a funny story...
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Toona
Posted on Monday, August 06, 2007 - 08:33 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Hehehe, I once had to go to court (yes it went that far) after getting a verbal warning and a written warning for installing an LED 3rd brake light on my tonneau cover on a '91 Nissan truck that didn't have a 3rd brake light from the factory.

In the policeman's "eyes" the brake light was an aftermarket item and illegal, even though it came on when I pushed the brake pedal and went out when I let off (I know, imagine that...) Not to mention it was at eye level and a SAFETY item.

I had to go to court because I didn't return the written warning card. I did go to the local State police barracks (before court hearing) and have the chief inspection officer (CIO) inspect my truck. He was the one that WOULDN'T sign the card so that I could return it. 10 days later I get a ticket in the mail for not returning said card.

When scheduling the hearing, I subpeona'd the CIO that wouldn't sign off. Hearing day came and no CIO, just the ticketing officer. I explained to the judge what I had done, going to the barracks etc, and that the CIO wasn't in attendance, even though I asked for him to be there.

Case dismissed, I won.

The odd part was, I took a Sawzall to the roof and made a hard lift off convertible top for it (totally compromising the cab strength integrity) and removed the outside door handles (doors opened with remote from a car alarm). The police never said anything about that.... some story about not being able to see the forest for the trees comes to mind.
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Paint_shaker
Posted on Monday, August 06, 2007 - 08:43 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

If the law reads as follows;

"26701(d) Prohibits red, blue or amber translucent aftermarket material in partitions, windows, windshields of motor vehicles..."

I would first make contact with the local CHP Supervisor and politely make him aware the bike comes stock with the red windshield. That SHOULD solve the problem.

If not, I would consider writing a letter to the judge asking the citation be dismissed as the part in question is in fact a stock, factory part and not an aftermarket part.

If that fails, I would request a court date and request the prosecution prove the part in question is an aftermarket part. Bring evidence in the form of 2007 or 2008 sales brochures and witnesses from the local Buell Dealer, or if you can swing it the Buell factory.

Keep in mind, all this assumes the statute in question is refering to "aftermarket" parts. Also it is highly likely this should end with the local CHP supervisor.
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Ryker77
Posted on Monday, August 06, 2007 - 09:01 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

False arrest! Now I only have a mere hick town High School edumacation. But how is stupidity by a sworn LEO a defense against false arrest?


Giving a BULL SHIT ticket is an Arrest,. It place you in the criminal system. You must speed you freedom to fight it. Often more than a few trips to ALL DAY courts. request jury trials etc etc. All because a LEA failed to understand the law. The Sergeant failed to review the charges. The DA failes to review the officers report!

I spent several grand and lots of time off from work to fight a bullshit charge. By a cop that was too stupid to be a real patrol man he was assigned to civil service section,. He was soo stupid that there are reports on the networked computers about the acadamey asking for remidial training for the guy to pass! Yet he was allowed to harass me. His chain of command failed to stop it. But amazing sh!t happens when you get the TV media involved and network cameras show up for your court trial!
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Ryker77
Posted on Monday, August 06, 2007 - 09:02 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Case law - is from previous court cases that have cleared up some of the codes that the law didn;t cleary cover.

Try and find previous case laws on that traffic code.
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Unibear12r
Posted on Monday, August 06, 2007 - 09:05 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Just looked it up online. My books are way out of date.
California Vehicle Code 2007
26701(d)
Code covers AFTERMARKET NOT O.E.M.
Good luck and hope you win.
I spent 15 years as a Reserve Deputy and that was a B.S. call on his part.
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Thespive
Posted on Tuesday, August 07, 2007 - 12:55 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I got pulled over by CHP on my Hero Blue CityX and he gave me a warning for speeding and asked about the plastics and I explained they were stock and he didn't think twice about it.

Thats what we would call a CS ticket.

--Sean
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Mr_grumpy
Posted on Tuesday, August 07, 2007 - 06:23 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I definitely wouldn't make a public issue out of it, nobody likes to lose face, cops least of all.

If you make em look stupid in the media your life will likely become a traffic stop hell, & you'll be scrutinised down to your socks to find something else to get you on.

I'd go to the copshop & show them the brochure, You may well even find buell or hd logos along with the part numbers on the items in question.
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Ryker77
Posted on Tuesday, August 07, 2007 - 07:39 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

"I definitely wouldn't make a public issue out of it, nobody likes to lose face, cops least of all.

If you make em look stupid in the media your life will likely become a traffic stop hell, & you'll be scrutinised down to your socks to find something else to get you on. "

Neither does the DA. They really don't like when you tell them "thanks for being a great American" ! When I got the media involved. The DA told my lawyer they would have dropped the charges but since the media showed up - they must take the case to trial!

Sounds almost like some type of blackmail - either do as we tell you and shut up OR we will take your ass to court.


--

But I had the real local cops in that area on my side. They knew the guy was an idiot and the charges were bogus. Even cops understand that they have bad apples on the force. Just don't make general rude comments.
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Paint_shaker
Posted on Tuesday, August 07, 2007 - 12:13 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Based on what the law reads, I would NOT call this a Bull S. or a Chicken S. ticket. I would call this an ILLEGAL ticket...

Mr_Grumpy wrote;

"I definitely wouldn't make a public issue out of it, nobody likes to lose face, cops least of all."

The issue is not about losing face, it is about an officer who issued a citation for a violation that doesn't exist. The officer has apparently made a mistake and the mistake should be corrected.

A polite meeting with the local CHP supervisor, providing him with either a 2007 or 2008 sales brochure, SHOULD solve this problem with nobody losing face and the supervisor having a talk with the officer.
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Hexangler
Posted on Tuesday, August 07, 2007 - 07:24 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Guess what? Once a ticket has been written a CHP supervisor can not recind it. I have to go to court. So I guess it may be possible that I may be the only Bueller without bling in this state. Court or Anonymous are you out there???
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Cityxslicker
Posted on Tuesday, August 07, 2007 - 07:38 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I guess california will NOT be on my route for my world tour. Just stupidness. Keeping my valencia orange body work , they can kiss my A$$ .
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