And therein lies the problem; the administrative suspension and impound are irrecoverable, and if anyone remembers Mr. Mahoney-Bruer, there is little hope of any real punishment for officers in abuse of this legislation.
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HTA 172 is still unconstitutional -- anyone had issues with standing on pegs?
- Thread starter drumstyx
- Start date
And therein lies the problem; the administrative suspension and impound are irrecoverable, and if anyone remembers Mr. Mahoney-Bruer, there is little hope of any real punishment for officers in abuse of this legislation.
The abuse is real. Just an excuse to pull you over and look for infractions.
s.172 threats are tossed about to dissuade you from any protest.
Although I am 100% against s172, the courts have ruled it to be constitutional, so there will be no constitutional challenge available, and yes charter challenges are VERY VERY expensive.
Having said all that, I haven't heard of anyone getting dinged for s172 on a dirt bike on a dirt road, Might be a whole different story if you were standing on the pegs on a 400 series highway.
Having said all that, I haven't heard of anyone getting dinged for s172 on a dirt bike on a dirt road, Might be a whole different story if you were standing on the pegs on a 400 series highway.
The OP really did not qualify what he, or the cops (to warrant the charge), or the courts (to warrant the conviction) consider standing on the pegs to be. All he said was "anecdotal evidence." Do we have knowledge of what the cops evidence was?
The umbrella word to capture the essence of HTA s.172 is, 'Stunt.' So, standing on the pegs for a quick stretch, or to see over a car, or to absorb a bump all while keeping hands on the bars would in my opinion not warrant a charge from any cop or a conviction in court. Now (while standing on the pegs) simply let go of the handlebars. Voila: 'Stunt.'
Of course it doesn't warrant a charge. That's not the point - you're reading into the spirit of the law, which may matter to a judge but a cop does not have to care. Hell, you don't have to be doing anything and a cop could still stick you with a bogus charge. It won't result in a conviction, but you've already been dealt some prejudicial punishment
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Shaman
Well-known member
And it's happened many times, on and off the record. That's the thing that really irks me... once they get a power, they do everything to keep it.
Sounds like every frackin' person on the planet. LOL.
Iceman
Well-known member
-D-
Banned
I did not read all the posts.
A simple view of this. You are charged, you go to court, you are found not guilty.
not guilty= you are not at fault
THEREFORE why can't you get your fees back?
You are supposed to be made whole therefore you are supposed to be at the point just before you stopped for the police.
no??
A simple view of this. You are charged, you go to court, you are found not guilty.
not guilty= you are not at fault
THEREFORE why can't you get your fees back?
You are supposed to be made whole therefore you are supposed to be at the point just before you stopped for the police.
no??
There is a huge dip in front of the police station just south of the airport on Convair. My little bike with stiff suspension does not like this. Or rather the impact on my balls is unpleasant. I stand on my pegs over that every time and they haven't pulled me over there yet.
Bike Cop
Well-known member
I'm of the opinion that since a wide variety of motorcycles were designed to be operated while sitting on the seat or standing on the operator's pegs, standing up while riding doesn't constitute a stunt. As mentioned in an earlier post, if you stand on the pegs and go hands-free, I'm pretty sure any JP would find that unacceptable. I can't think of a circumstance where any reasonable person would do that.
I think most reasonable, read progressive liberal, people would agree that's a deadly combination if there ever was one. Not on the order of bank robber cum chopper guru Indian Larry who broke the nasty habit of standing on the seat hands free one sweltering carnival evening. Motorcycling continues to have an interesting past, present and future.
I got pulled over once for swerving in my lane. I had to explain I was approaching an intersection and did not trust the driver waiting to make a left so in order to break the "motion camouflage" of my bike against the background (SMIDSY) I used this technique. The cop was either impressed or baffled and let me go. I'm sure though that had I been younger or less convincing, I would have gotten a ticket. Score one for grey beards!
yodude
Banned
commonly acting like this??
all i see is a beeb happy cam punk wonder who ended up beeping at the wrong person, who then stepped out & said hello
since when is honking at others to get off their cellphones something that anyone condones?
oh btw, kid doesn't wanna argue but i guess he doesn't know basics then like stfu
all i see is a beeb happy cam punk wonder who ended up beeping at the wrong person, who then stepped out & said hello
since when is honking at others to get off their cellphones something that anyone condones?
oh btw, kid doesn't wanna argue but i guess he doesn't know basics then like stfu
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Pervasive problem it seems :roll:
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