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Post by psychedelicode on Aug 21, 2012 13:26:26 GMT -5
Well, $200 and 4 hours of sitting and talking to police, I finally have my scoot back. Then I had my GF take it to Grand Rapids. If it's here I WILL ride it. I did a neat little mod to it before she left. The cops broke the seat bucket completly, So I installed a seat from an old riding mower. you sit so low its like the bike has apehangers. Cant wait to post a picture. It's a million times more comfortable to ride now too. Its nice to have a backrest. and a scooter again. Oh yeah the seat has a killswitch built in so if you are not sitting in the seat the scoot wont run. A new safety and security addition.
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Post by doomsday on Aug 21, 2012 18:50:17 GMT -5
Ok, so I assume that since you paid 200 bucks, they fined you for something. Do you care to mention what they found wrong? Also, you don't seem upset that the police destroyed your seat. At this point, I would think you would be furious and demanding that they pay you for the damages they caused to the scooter. I am glad to hear you got your scooter back, but boy I would be pissed off if they damaged my scooter while they are "inspecting" it.
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Post by OverReved on Aug 21, 2012 19:01:32 GMT -5
50$ a day for impound fees would be the fine he paid. They value their space greatly.
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Post by psychedelicode on Aug 21, 2012 19:19:57 GMT -5
Well the seat was pretty fuggerd since the accident. Which i still have no accident report from. I dont blame them for not knowing the seat was fuggerd from the accident. they did cite me for manhandling a unsafe vehicle, For the twisted forks. I watched them perform a test on flat ground with a REALLY big rider (hence the super broken seat). Of course the scoot wouldn't pass its deadband as I call it, from 30 to about 32-35 with a plus 220lb rider (SHE WAS HUGE! does MSP really have physical qualifications? Her weight Im sure exceeded GVW on my scoot)). I had to pay impound fines plus a touch extra for county fees. and deal with a bunch of bothering about how the scoot has MI tags but im an out of stater (blamed it on the dealer and regardless Its not my problem SOS tagged my scoot as an out of stater. ITS YOUR PROBLEM NOT MINE). I was getting heated for a while, but stayed visibly calm while I waited on the inspection to be through. They were really inquisitive about how the heck i reached 45 in front of a cop. My response was "I had not realized how fast this thing goes on hills. I was hit 3 weeks ago. I am afraid of traffic now and try to keep up as much as possible to avoid not pose a traffic hazard and accident. Death is not in my prerogative right now..." They actually gave me a alternate route to town. although it adds 7 miles to the commute...ill take that over another impound incident any day of the week.
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Post by doomsday on Aug 21, 2012 22:21:30 GMT -5
See that is one of the issue I take with that. The COP decided it had to be impounded and inspected. You should not have to pay impound fees when you did nothing wrong. There is no law that states you cant go faster than 30mph downhill, it only states 30mph on level surface.
On the other hand though, it does seem like they were trying to help you out by getting the biggest person they could find so that it wouldn't exceed 30mph. but still doesn't make up for the jackass cop that thinks he is all powerful. I am really getting sick of the police state the US has turned into. Dont get me wrong, there are some good cops out there, but it sure is looking more and more like the bad cops are taking over.
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Post by bwgilbert on Aug 21, 2012 23:50:32 GMT -5
There are a couple things to consider here:
First, were yoy in any violation of the law regarding your vehicle. Was it properly titled in your name? Was it properly registered? Do you have a motorcycle endorsement for your driver's license? Is your bike properly equipped with all the necessary "safety equipment" required under Michagan law? Is your bike properly insured?
If you were in violation of the law, my advice is to quietly pay the impound fees, fix your bike and get everything legal. Had they fined you, you would have to pay for the impound fees plus fines/court costs as well. Then I would say that they actually cut you a break.
Now, if you were not in violation of any laws and you were acting in a reasonable and prudent manner when the officer stopped you. I would say that you have a pretty good case against the sherrif's department. If I were you, unless I had access to free or low-cost legal legal services, I would first try to resolve this matter with the county.
I would advise you to begin if you haven't done so already (and assuming you still can) take pictures of any damage done to your property. Document everything that was said or done during your encounter including names, times, witnesses and so on. Make copies of any and all documentation given to you and also request a free copy of any reports filed by them. Make sure you know who exactly towed your vehicle and where it was impounded. If any private companies were involved, contact them to let know you had some damages. Please, you don't need to say anything about suspecting the fat cop for breaking your seat -- the fact is that you don't know for sure. Be really friendly and ask as many detailed questions as they will answer, try to speak to the actual people who touched your bike, but avoid placing any blame on anybody and don't forget to take great notes.
Once you've gathered everything together the best you can, begin to prepare your case. It's much like telling a story and you've already got a good start writing in this post.
Next, you could try the sheriff's department. Call and ask with whom you could speak with regarding some damage done to your vehicle. They don't like getting these types of calls and will likely give you a run around, so be charming, patient and polite. Ask for names of people you speak with and write them down, casually drop these names to the next person you speak and keep going until you finally reach the person who handles these sorts of problems. Then try to arrange a face-to-face meeting with them to talk about the incident and the damage. Tell your story and end it with the amount of money that you were out because of the officer's mistake. Politely ask how you can get reimbursed. Be firm, but keep cool if they won't go for it. Ask the name of their immediate supervisor and ask to speak to him/her. If that isn't possible, kindly thank them for their time, document everything you can recall and call the supervisor at a later time. You may have to go through this sort of exercise until you finally get your money. If done well, the satisfaction you'll receive is far more than the money that was reimbursed. You will know what it feels like to "stick it to the man", you'll have a good list of contacts and you'll be confident that you can work through the system to solve your own problems.
I'm not an attorney, but I've succeeded in representing myself many times without an one. Actually, all humility aside, I've probably done better without an attorney.
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Post by bloodymomo on Aug 22, 2012 0:28:05 GMT -5
You said u have a 63cc engine.. is it stamped on the head cover? Mines stamped 49cc and scence I'm using that on my bbk it will ztill say 49cc only way they could tell otherwise is pulling engine apart and measuring displacement
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Post by psychedelicode on Aug 22, 2012 7:40:55 GMT -5
BWGILBERT, thanks for the advice. My scoot and myself were all legal. They cited me for having twisted forks, "operating an unsafe vehicle on public roads" I was pulled over in the first place for speeding, but this is a very grey area on Michigan code. The code states that a moped may not exceed 30 mph on a flat surface and makes no mention whatsoever about exceeding that limit while traveling downhill. I don't plan on messing with the Sheriff. I got my scoot back and given the incomplete moped law concerning speed, It probably would end up costing alot more than it did to get my scooter back. This was the advice given to me by my attorney, it coincides with your post.
BLOODYMOMO, Yes my shroud says 49cc. I assumed that the jug was stamped too. Like on my Motorized bicycle. I also assumed that they were going to remove the head to measure the jug. But, I guess you know what they say about assuming.......
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Post by yoshidawg on Aug 22, 2012 8:14:44 GMT -5
there's a company selling a 70cc BBK that's stamped 49cc on the jug.
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Post by psychedelicode on Aug 22, 2012 8:17:33 GMT -5
got a linky? I would ride a miss stamped 72 all day.
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Post by mainepeace on Aug 22, 2012 13:32:11 GMT -5
All the 72cc big bore kits I sell have 49cc STAMPED on the cylinder.
Greg
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Post by psychedelicode on Aug 23, 2012 7:08:15 GMT -5
Listen to me...don't have my scoot back for 2 days and I'm already looking to get it taken away again...lol
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Post by rockynv on Aug 25, 2012 5:53:20 GMT -5
If you know it is over 49cc and still ride it without an motorcycle license and the required insurance then you are riding unlawfully end of story. Just because the head may be deceptively stamped 49cc even though the cylinder is really over the limit does not make it lawfull or ethical to ride the bike unlicensed and uninsured. If you didn't realize that the bike was over 49cc all that removes is the willfulness of the infraction as you are still in violation of the laws in your state.
Be happy that you got out of it for as little as you did and get properly licensed and insured for riding a motorcycle.
Where I grew up the limit on flat ground was on the manufacturer however the limit on the rider was regardless of riding on flat ground or down a steep hill.
Your in a tangled web when you choose to deceive and can be opened to another impound if you are caught doing it again. The next time they may look more closely at the bike and not let you off so lightly.
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Post by ltdhpp on Aug 25, 2012 8:54:04 GMT -5
Why don't ride one of your many motorcycles for your daily commute instead of a naked '50cc' with bent forks?
Since I got my 150cc, I can't even stand to ride the 50cc anymore, I feel like a freakin' idiot on it. Granted I am 6' 3" and 225 pounds.... I can't imagine going from a proper motorcycle back to a 50cc that you can't even take on 45mph roads...
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