xb600 with a Li Fe04 48 volt battery, I was ticketed and had to hire a lawyer for DWL and no tag in Florida. (c/b jail)

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frenchy9171
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xb600 with a Li Fe04 48 volt battery, I was ticketed and had to hire a lawyer for DWL and no tag in Florida. (c/b jail)

I need to be sure that my xb does not come close to going above 20 mph for the proposed judicial inspection I have adjusted the brakes, but I was wondering if there was any safe (LIFE04) way of slowing down the xb600 to about 18 MPH for the court.

executorvs
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Re: xb600 with a Li Fe04 48 volt battery, I was ticketed ...

we just covered this in florida and the thread has two case numbers.
http://visforvoltage.org/forum/5663-port-saint-lucie-florida-court-trying-classifie-my-eb-unregisterd-motor-v

Florida DMV Procedure RS-61 II. "(B.) Dirt bikes noted for off road use, motorized bicycles and Go-Peds are not registered."
http://www3.hsmv.state.fl.us/Intranet/dmv/Manuals/DMVProcedures/BTR/RS/RS-61.pdf

Electric Helper-Motor Bicycles

If you are at least 16 years old, you may ride a bicycle that is propelled by a combination of human power (pedals) and an electric helper-motor that cannot go faster than 20 mph on level ground without a driver license.
http://www.flhsmv.gov/ddl/mopeds1.html

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
316.003 Definitions.--
(2) BICYCLE.--Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle.

(82) MOTORIZED SCOOTER.--Any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/SEC003.HTM&Title=-%3E2006-%3ECh...

I would copy the legal links and the case numbers down and give them to your lawyer just to be on the safe side.

Now as for slowing it down, you might be able to remove one of the two bridges/shunts and replace it with something giving more resistance. I would not do this unless I was sure that the xb goes over 20Mph.

sangesf
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Re: xb600 with a Li Fe04 48 volt battery, I was ticketed ...

How fast were you going when they stopped you, or I should ask, how fast did they clock you at as written on the summons? If they didn't "clock" you then your fine unless...

The XB-600 is classified a Bicycle, UNLESS you were riding it WITHOUT the pedals attached. If the pedals were not attached while you were riding it, then it will be considered a Scooter and you would need a license for it no matter what speed you were going.

garygid
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Suitable Licenses and Tags are Recommended?

How much is the fine for this allegeded offense?
If it goes over 20 MPH, you probably deserve the ticket, right?

It is said: "If you can't do the time, don't do the crime."
Why are you fighting the ticket?

Why did you not get a suitable license and registration tags?
That would have been a LOT less expensive than hiring a lawyer!

However, good luck in your battle.

To others in a similar situation ...
Please consider getting suitable Tags and Licenses.

Cheers, Gary
XM-5000Li, wired for cell voltage measuring and logging.

executorvs
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Re: Suitable Licenses and Tags are Recommended?

As long as he keeps his pedals on and keeps it under 20Mph he LEGALLY doesn't need anything. He doesn't need a tag, registration, insurance(I would recommend mass. medical at least), or a drivers license. Florida's law is very clear. People in Florida need to push the envelope and write various enforcement agencies, until such time as this sort of thing is no longer a problem or they change the law.

captainslug
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Re: xb600 with a Li Fe04 48 volt battery, I was ticketed ...

The included speedometer IS NOT ACCURATE. The top speed at 48 volts is 18mph at most when measured by a properly setup bike computer. If the gray wire in the center console is connected the controller will be governed to limit you to a maximum of what it is assuming is 20mph. But in reality it's closer to 15mph.

mopedbrainy
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Re: xb600 with a Li Fe04 48 volt battery, I was ticketed ...

20 mph on level surface . Down the hill doesn't count.

sangesf
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Re: xb600 with a Li Fe04 48 volt battery, I was ticketed ...

Could you please answer my questions Frenchy?

In terms of FL law... As long as you leave the pedals on and don't go over 20 mph, you don't need a drivers license and you weren't doing anything wrong.

I've been to court twice and won with my xb-600 and I live in Florida.

Let me know.

heartofachef
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Re: xb600 with a Li Fe04 48 volt battery, I was ticketed ...

here is the info on my court cases..hope it helps you frenchy..Docket Notes
Notes for Charge 1 - NO MOTOR VEHICLE REGISTRATION
12/12/2008 UNIFORM TRAFFIC CITATION FILED #7689-FZU-X
12/12/2008 DRIVER LICENSE CHECK FILED.
12/12/2008 C/DATE ON TICKET 12/22/08 9AM
12/22/2008 NOT GUILTY PLEA ENTERED
12/22/2008 DEFT PRES/PD PRES/SA PRES PLEA NG
12/22/2008 CASE CONT PER JUDGE TO 01/12/2009 9:00:00 AM
12/22/2008 ATTY -APD ENTERED
12/22/2008 PROVISIONAL ORDER APPOINTING PD ISSUED IN OC
12/22/2008 OFFICER PRESENT TO AMEND CITATION
12/22/2008 D REQ CONT DEF R/C
12/22/2008 FILL OUT FIN AFF
12/22/2008 DEF OFFERED LITERATURE TO BE ADDED TO HIS
12/22/2008 COURT CASE
12/22/2008 NOTICE OF COURT SENT DEF, ATTY,APD,ASA,BNDSMN
12/30/2008 NOTICE OF DISC AND DEMAND FOR BRADY MATERIAL FILED
01/06/2009 AFFIDAVIT INDIGENT STATUS - INDIGENT W/ 08CT5753
01/12/2009 MOTION FOR CONTINUANCE FILED
01/12/2009 DEFT PRES/PD PRES/SA PRES PLEA NA
01/12/2009 CASE CONT PER JUDGE TO 02/10/2009 8:30:00 AM
01/12/2009 D REQ CONT DEF R/C
01/12/2009 CONT FOR TRIAL
01/12/2009 NOTICE OF COURT SENT DE,ATTY,APD,ASA,BNDSMN
01/29/2009 INFORMATION FILED FOR CASE CONSOLIDATION
01/29/2009 CASE CONSOLIDATED WITH DEFTS OTHER CASE 08CT5683A2
01/29/2009 CLERK TRANSMITTAL FORM FILED
01/30/2009 PRAECIPE FILED
02/10/2009 DEFT PRES/PD PRES/SA PRES PLEA NA
02/10/2009 NOLLE PROSEQUI IN OPEN COURT
Notes for Charge 2 - OPERATING WHILE LICENSE SUSPENDED
12/16/2008 UNIFORM TRAFFIC CITATION FILED #7690FZU4
12/16/2008 DRIVER LICENSE CHECK FILED.
12/16/2008 COURT SET 12/22 9AM NELSON
12/22/2008 NOT GUILTY PLEA ENTERED
12/22/2008 DEFT PRES/PD PRES/SA PRES PLEA NG
12/22/2008 CASE CONT PER JUDGE TO 01/12/2009 9:00:00 AM
12/22/2008 ATTY -APD ENTERED
12/22/2008 PROVISIONAL ORDER APPOINTING PD ISSUED IN OC
12/22/2008 OFFICER PRESENT TO AMEND CITATION
12/22/2008 D REQ CONT DEF R/C
12/22/2008 FILL OUT FIN AFF
12/22/2008 NOTICE OF COURT SENT DEF, ATTY,APD,ASA,BNDSMN
12/30/2008 NOTICE OF DISC AND DEMAND FOR BRADY MATERIAL FILED
01/06/2009 AFFIDAVIT INDIGENT STATUS - INDIGENT W/ 08CT5683
01/06/2009 PD APP FEE ASSESSED TO CASE 08CT5683
01/12/2009 MOTION FOR CONTINUANCE FILED
01/12/2009 DEFT PRES/PD PRES/SA PRES PLEA NA
01/12/2009 CASE CONT PER JUDGE TO 02/10/2009 8:30:00 AM
01/12/2009 D REQ CONT DEF R/C
01/12/2009 CONT FOR TRIAL
01/12/2009 NOTICE OF COURT SENT DE,ATTY,APD,ASA,BNDSMN
01/30/2009 INFO FILED, CASE CONSOLIDATED FROM 2008CT005753-A.
01/29/2009 INFORMATION FILED FOR CASE CONSOLIDATION
01/29/2009 CASE CONSOLIDATED WITH DEFTS OTHER CASE 08CT5753
01/30/2009 PRAECIPE FILED
02/10/2009 DEFT PRES/PD PRES/SA PRES PLEA NA
02/10/2009 NOLLE PROSEQUI IN OPEN COURT

Collection Information
NO COLLECTION INFORMATION

good luck and stay in touch

heartofachef
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Re: xb600 with a Li Fe04 48 volt battery, I was ticketed ...

here is a link,,the only one that i could find that has the bikes specks,,without saying it can go faster if pedaled,,this info also helped in court,,http://www.thegostore.com/xbelelmonoli.html

heartofachef
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Re: xb600 with a Li Fe04 48 volt battery, I was ticketed ...

OK nice stuff right, See where it says 02/10/2009 DEFT PRES/PD PRES/SA PRES PLEA NA on both counts, that's saying who was present, and finally it says, plea NA, no what that means? That means, the charges that are against, [or were], are na, not applicable. All the links are here on this sight that u need, follow the links that peeps give u and soon u will have all the info u need. Here's another one from the fl dept of transportation, http://www.dot.state.fl.us/safety/ped_bike/laws/ped_bike_bikelaws1.shtm just don,t forget if u r on the sidewalks and a officer sees you. make sure u r peddling. Here in fl. it,s a 125.00 fine, u can use the bike on the sidewalks but it's pedal power only, good luck and peace out.

frenchy9171
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Re: xb600 with a Li Fe04 48 volt battery, I was ticketed and ...

The head of misdemeanor ate lunch with my lawyer and the charges were dropped the next day, there is hope for Florida Law.(also an article came out in the St.Pete times about how the police do not know the law LOL)

Frenchy9171

sangesf
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Re: xb600 with a Li Fe04 48 volt battery, I was ticketed and ...

You didn't need a lawyer, the law is clear, pedals on, under 20mph it's a bicycle.
You never answered my original questions... Please do.

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