new tickets on my xb700

Submitted by Jerseygirl on Mon, 12/27/2010 - 17:33

Hey if anyone can shed some light on NJ laws concerning the Electric/E-bike Laws I would greatly appreciate it----I got stopped in August of 2010 and was issued a ticket for no registration---brought my paperwork and the Judge dismissed it---got stopped again by the same cop and he issued me 3 tickets--no reg--no ins--no DL---what are my options now?? and maybe I come under the mobility law--as I have been disabled since 1994---Can anyone help me or refer me to a loophole in NJ concerning the operation of an Electric Bike/E-bike??? The cop told me I am not allowed to operate on any public roadway only on private property......what do I do now????

Topics: 
dismissed ticket in August/2010
before comments

Comments

Submitted by GaryB on Wed, 01/12/2011 - 21:29.

for some odd reason the top bar is gone from --my blog- log in --log out --i can't log out---so when I go to this site I am automatically still logged in-- can anyone tell me how to fix this---it's like something disappeared from that top bar and the little bar that says my blog my messages is all gone---help ?????

Sure. - I had a similar problem re' log out. - You have to fish around to get 'Home', then your have to go to 'View' (for your home page. - THEN (finally) you will see a button to 'Log Out'. - Took me a while too. - Somebody changed something. Now you have to go to 'View" to get the button. - Best to you. Gary B

Submitted by marylandbob on Wed, 01/12/2011 - 23:17.

Go to the courthouse, and purchase a TRANSCRIPT of your previous case. Present the transcript to the judge as EVIDENCE at your upcoming case. ALSO, take a photo, showing a YARDSTICK next to the bike seat, to show its height, and bring the photo! (or/and bring the bike)-Bob

Robert M. Curry

artistgloria's picture

Submitted by artistgloria on Thu, 01/13/2011 - 12:11.

This is exactly what I wrote...twice.

Is this thread by a troll? :)

Best wishes to you, jerseygirl, and yes, as Bob writes, take the bike,scooter, whatever with you.

I'd go one step farther for all mankind, and ride it around in front of the judge and show the judge how it operates. Make sure you have someone video it for you. I'd love to catch it on youtube.

Best wishes,
g

Go Forward Confidently! Dare to live the Life you Imagined!

Submitted by sangesf on Thu, 01/13/2011 - 13:12.

Artistgloria,
What are you talking about?

Submitted by Jerseygirl on Thu, 01/13/2011 - 14:14.

Good new everyone!! The public defender called me back after I called him again and got to look over my email and the 3 laws I sent him and the number to the MVC guy---and told me I am 100% right and well within the law for NJ to operate the "Electric Bike" in the state of NJ without a DL---insurance---and registration---he told me he's going to have a pow-wow with the Prosecutor and try and have this squashed befor it even goes before the Judge----I will keep every one posted!!!

Submitted by Jerseygirl on Thu, 01/13/2011 - 14:21.

Oh and Sangesf-----If I get off--I hope you will make good on your promise to kiss my feet was it???---I copied and pasted---LOL

If you DO win and can show with documented proof that all the charges were dropped (not a plea for a lesser charge) then I will personally MOVE BACK TO NJ and kiss your feet, because I know for a fact you won't win.

Submitted by sangesf on Thu, 01/13/2011 - 15:23.

Because I'll be able to move back to NJ and ride my electric bike everywhere I need to go.
We'll see how the legality of it goes.
If he gets the charges dismissed because the judge was originally wrong in his assessment in your first case.
That won't count.

Submitted by sangesf on Sat, 01/15/2011 - 16:03.

Any word yet?

Submitted by Jerseygirl on Sun, 01/16/2011 - 15:49.

Spoke with my public defender and he said it shouldn't even go to court--but he can't do anything until Tuesday because of the Holiday on Monday---so hopefully I will hear back from him by then---if it goes my way I'm still gonna ask for something to carry with me so this officer will leave me alone---he made it quite clear if he sees me on it he will seize and impound the bike--real nice---I'm very glad it's winter time or I would be kinda pissed----so maybe it's a good thing it happened now and we can straighten this out once and for good while it's cold----I'll keep y'all posted!! thx everyone!!

Submitted by sangesf on Sun, 01/16/2011 - 16:50.

Would appreciate it. Especially with ALL of the SPECIFIC details.

Submitted by Jerseygirl on Tue, 01/18/2011 - 06:29.

oh sangesf---u will be the first to know-----LOL!!!!

Submitted by cyclepete on Tue, 01/18/2011 - 07:39.

Me too - I'd love a copy of whatever you can provide to carry on my bike in case I ever get stopped.

I actually think the judge is misunderstanding NJ law on this issue or is practicing a bit of judicial activism, but I don't care. Whatever works. The state should be encouraging the use of ebikes.

Submitted by sangesf on Thu, 01/20/2011 - 13:32.

Any word yet?
No word = not good.

Submitted by Jerseygirl on Thu, 01/20/2011 - 19:21.

I didn't want to sweat the public defender so court is on Tuesdays and Thursdays----if he doesn't call by 2 pm tomorrow--I will be calling him---they say no news is good news-----I'll keep ya posted---(nice to hear from ya cyclepete)

Submitted by sangesf on Fri, 01/21/2011 - 17:13.

Me too - I'd love a copy of whatever you can provide to carry on my bike in case I ever get stopped.

I actually think the judge is misunderstanding NJ law on this issue or is practicing a bit of judicial activism, but I don't care. Whatever works. The state should be encouraging the use of ebikes.

The problem as I see it, was that the OP picked the most Scooterish looking (legal) ebike out there and the cop took it upon himself to badger her and write up tickets.
I only use an iPhone so I can't upload a pic, but look up the Xtreme 700li and you'll see what I mean.
It IS basically a scooter (has a "deck" to put your feet on), but has pedals to turn it into a "bicycle".
It's that fine line (and the speed issue), that's causing the "confusion".
Also, if forgot to ask jersyygirl if there is a limiter on it to stop it from attaining speeds of over 20, or if she just keeps it under 20.
I know on my bike, if I'm on it and running only 1 motor, I can only get up to 18mph. If I took off the limiter and my son got on it, it would go much faster since he is 110lbs. to my 170lbs.
I'm hoping the OP gets the tickets dropped. If she gets them dropped because the law is on her side, that's great.
If they're dropped because the judge originally screwed up, that's bad and good.

Submitted by Jerseygirl on Mon, 01/24/2011 - 20:02.

I talked to the Pbdefdr--and he said he hasn't gotten a chance to sit down and talk to the prosecutor yet---so it's a wait and see--he said it shouldn't make it to court.....sure.... as of now court is scheduled for mid Feb...oh well gotta wait and see I guess.....and yes it is a scooter looking bike....but it comes under the guidelines and that's exactly what the guy said from MVC said...so yes it is like a scooter with a deck --perfect for my legs and a 2 bags of groceries---and believe me it doesn't go above 20 mph if that, with some wind behind ya--and I ain't saying my weight---lol--It is so comfortable to ride--and I only go to the store or the beach 4 blocks away.....I'm not really zipping all over town and I usually take the alley in the congested areas and just go slower...I'll keep ya's posted...

Submitted by sangesf on Wed, 02/02/2011 - 12:09.

Well???
Details yet?

Submitted by Jerseygirl on Tue, 02/08/2011 - 12:40.

Third week in Feb---public defender says the cop wants to argue and so does the prosecutor...oh well I gotta wait until then---but the PD says it's cut and dry for my side....I know the suspense is killing me.....but I can wait as it's freezing in South Jersey.....

Submitted by sangesf on Tue, 02/08/2011 - 16:59.

Third week in Feb---public defender says the cop wants to argue and so does the prosecutor...oh well I gotta wait until then---but the PD says it's cut and dry for my side....I know the suspense is killing me.....but I can wait as it's freezing in South Jersey.....

Good luck!
It's not so cut and dry if it goes to court.
If they (prosec and cop) were even a little cautious, they would have taken a no contest plea and only hit you with a small fine.
If they want to take it to court, they are SURE they are going to win.
I'm sure the PD can give you what the prosec has as info and should ask for it. (it's called requested discovery, your PD SHOULD ask for it, so he can mount a reasonable defense.)

Submitted by Jerseygirl on Thu, 02/10/2011 - 16:13.

According to the PD'er the only thing we have to prove is the specs on the bike in question---he said the law clearly states that if it has pedals--and has a motor less that 750 watts--and that it goes only 20mph or less---qualifies it as an Electric Bicycle not a Motorized Bicycle ---which the ticket is written for a motorized bicycle--and I also gave him the name and number of the big wig I spoke to at the M.V.C.--Motor Vehicle Commission--He said the officer is not reading the law correctly and just wants to bust my chops b/c of the first ticket being dropped without him having to appear---but I also don't think I should have to pay the 50.00 bucks to the PD'er and that they should make the officer pay for not knowing the correct laws....why should I have to pay for their mistake....I researched this thoroughly before I purchased it. But this is a perfect example of the laws not being clear enough for regular people--(including police officers that are supposed to know the laws) to understand what the clear definition of these laws mean pertaining to the electric bike laws....it really shows how our system is flawed....like this assembly woman who was gonna try to make registration of all bicycles and charge license fees like a dog license---10.00 bucks a year---that got shot down in 2 days after she got so much flack about it! What else can I do except for just wait and see----I'll let everyone know immediately by next week.....wish me luck for all Electric Bikers out there---If I win or lose I'll have to deal with it ---got my fingers crossed anyway---lol

Submitted by Jerseygirl on Tue, 02/15/2011 - 05:10.

Update----court was postponed until March 10th however the Public Defender filed a motion to dismiss stating that testimony was not needed from the officer and that this was an inconvenience for me and that I am entitled to a quick and speedy trial and so on about the laws and what-not---he said he faxed everything over and that he will let me know if it will be heard this week----I will keep posting with updates---thanks for listening!!

Submitted by sangesf on Tue, 02/15/2011 - 06:47.

Good luck!
Keep us posted.

Submitted by Jerseygirl on Tue, 02/15/2011 - 10:53.

Got the call---Motion to dismiss will be heard this week----Yes-----keeping my fingers crossed anyway!!

Submitted by Jerseygirl on Wed, 02/16/2011 - 20:22.

Tomorrow (Thursday) is the day for the Motion to Dismiss to be heard---I can't wait----I will post--hopefully with good news by 5 pm est----wish me luck and also the Public Defender stated that he will get me something in writing to avoid this in the future---or in case I get stopped again---I miss my ride---it was nice the other day and I really needed to go to the store but I couldn't as the cop said he would seize the bike if he caught me riding it---I just hope I can tell him, the next time he see's me riding it, ---'seize this'!!! LOL!!

Submitted by Jerseygirl on Thu, 02/17/2011 - 13:48.

Well kinda good news---the Public Defender said the prosecutor wanted to hear the officers testimony--however he received a call from the big wig at MVC--and got the low down that Federal law supersedes any state laws and NJ has no say on the Electric Bicycle as long as it only does 20mph or less and has pedals and has a motor less than 750 watts it is considered a Bicycle---which means we gotta go back to court with the documented statements of the MVC guy...so here we are again waiting on court scheduled for the first week in March---again, I will keep y'all posted on this dragged out nightmare---lol

Submitted by Spaceangel on Thu, 02/17/2011 - 18:00.

Now since it is almost warm, Do you dare ride your MOPED to the store? Or are you going to get your bike seized if'n you do ride it to the store? I ride very cautiously to the store and almost on curb / sidewalk are of road. I racked up a few thousand miles with out getting stopped but don't live in New Joy zee. I guess if I put on motorcycle side bags and made it look more like a MC I'd get stopped. I keep it going with small tour pack full of milk and bread with a Electric Toyz sticker and my cane showing. Any cops that did follow did it for a few to 5 seconds and quickly speed on OFF into the sunset. Snow is melting here fast and took it out today to get milk. Why are they dragging it out for you and us here in V.

KB1UKU

Submitted by Jerseygirl on Mon, 02/21/2011 - 21:53.

I don't dare ride it b/c I ain't got $$ to get it out if they do seize it---that cop has it out for me I think----lol---but I ain't taking the chance and will be a law abiding citizen for right now---lol---I guess the public defender wants to have all bases covered that's why he didn't push the motion to dismiss b/c the prosecutor asked for time to respond to the motion and PDer said we want to get it 100% documented with the MVC---he said that's our ace in the hole besides the Federal Laws that are backing us ---so I'll keep ya posted by the second week in March---it's snowing right now otherwise I'd be pissed----lol

Submitted by sangesf on Tue, 02/22/2011 - 07:46.

Wish you could get a better lawyer...
The federal law your PD is trying to use has nothing to do with state's laws concerning vehicle definitions on their own roads..
It's from the Consumer Products SAFETY Commision dealing with equipment, which has nothing to do with NJ's statutes on traffic.
The other stupid little problem is that, on the side of your bicycle it's written Xtreme SCOOTERS... Not exactly helpful.
:(
I Say, sell that thing and buy an electric bicycle (that also LOOKS like a bicycle) that has pedal assist only, so that your always pedaling and no cop is going to think it's electric.
I know the reason you like the one you currently have because it's more like a scooter than a bicycle. (has storage space and a deck).
I would imagine, that if the battery died on that thing, it would be almost impossible to pedal.
I forgot to ask.. Did you have the pedals off the bike when you got stopped or are they permanently attached?

Submitted by Resourceful on Tue, 02/22/2011 - 08:18.

Wish you could get a better lawyer...
The federal law your PD is trying to use has nothing to do with state's laws concerning vehicle definitions on their own roads..
It's from the Consumer Products SAFETY Commision dealing with equipment, which has nothing to do with NJ's statutes on traffic.
The other stupid little problem is that, on the side of your bicycle it's written Xtreme SCOOTERS... Not exactly helpful.
:(
I Say, sell that thing and buy an electric bicycle (that also LOOKS like a bicycle) that has pedal assist only, so that your always pedaling and no cop is going to think it's electric.
I know the reason you like the one you currently have because it's more like a scooter than a bicycle. (has storage space and a deck).
I would imagine, that if the battery died on that thing, it would be almost impossible to pedal.
I forgot to ask.. Did you have the pedals off the bike when you got stopped or are they permanently attached?

umm a thought to think about

if the layer "Jerseygirl " currently has is able to get the cop to back off or shut of
works then she will not have any more problems

if neither the juge or the cop push any further then she will be set

but if it go's to what your saying "sangesf " she should still be able to get this hole matter
cleaned up and defined once and for all so there is no more problems with the pestering cop

Submitted by sangesf on Tue, 03/08/2011 - 06:31.

When is the exact court date?

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