E checked in Lodi today

SAR_Squid79 said:

Not trying to be a smart-alec here, as this is my first post.

But as responsible gun owners / users, we need to be very sure that we are using the correct vocabulary.

I don't know of any pistol that utilizes "clips". Semi-auto pistols are fed with MAGAZINES.

15-round magazines are not "high capacity" 15-rounds is the industry STANDARD capacity. California law dictates that we all use LOW capacity magazines.

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Well I never knew there was an "industry standard" for magazines. My gun comes standard with an 8 round magazine all over the country, a 10 round mag is available. My wifes gun comes with a 7 round magazine standard, all over the country. They make 10, 15 and 25 round magazines aftermarket for her gun.

California law dictates the we use magazines that hold no more than 10 rounds.
California law defines any magazine that holds more than 10 rounds as a "Large Capacity" magazine.

When dealing with California Penal Code, each word has a specific meaning, often times more than one meaning, depending upon which part of the Penal Code it is used in.

When discussing the California Penal Code, it is critical to use the terminology that is listed in the PC CORRECTLY.

If someone who is unfamiliar with the exact terminology hears a 15 round magazine refered to as a "Standard Capacity" magazine, and they have heard that a "Large Capacity" magazine is illegal, they may infer that a 15 round magazine is legal to purchase or bring into California. This person may commit a crime and go to jail because they misunderstood something because you used the improper terminology.

Good job. I like the outcome minus the ticket. After being involved in two over the top police contacts within one week I look forward to the next. I will change my tactics and see if my attitude can alter the outcome from me against them to me educating them. I have replayed both encounters in my head over and over. I will go out of my way to stay calm and informative. Time will only tell. Carry on.

Lynard Skynard

I just listened to the audio of my traffic stop again.

I didn't realize it at the time, but when I started my motorcycle to leave, "Saturday Night Special" was playing on my mp3 player. I thought that was a little humorous, would've been better if "Gimme Back My Bullets" was playing though.........

Great Response!

Decoligny said:

Well I never knew there was an "industry standard" for magazines. My gun comes standard with an 8 round magazine all over the country, a 10 round mag is available. My wifes gun comes with a 7 round magazine standard, all over the country. They make 10, 15 and 25 round magazines aftermarket for her gun.

California law dictates the we use magazines that hold no more than 10 rounds.
California law defines any magazine that holds more than 10 rounds as a "Large Capacity" magazine.

When dealing with California Penal Code, each word has a specific meaning, often times more than one meaning, depending upon which part of the Penal Code it is used in.

When discussing the California Penal Code, it is critical to use the terminology that is listed in the PC CORRECTLY.

If someone who is unfamiliar with the exact terminology hears a 15 round magazine refered to as a "Standard Capacity" magazine, and they have heard that a "Large Capacity" magazine is illegal, they may infer that a 15 round magazine is legal to purchase or bring into California. This person may commit a crime and go to jail because they misunderstood something because you used the improper terminology.

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Hey Decoligny,

Your point is very good. Always follow the PC definitions and case-law usage of words. Just as the OP used correct references to 12031(e) and he used the correct wording in his self-miranda statement, the correct terminology helped to ensure a lawful stop by LEO Freeman.

Furthermore, the OP's statement to Freeman regarding the serial number check was good also.

Hello JJ,

Were you stopped in a "Speed Limit" zone or a "Maximum Speed Zone?" Go to court and ask for the "public works engineer's maximum speed limit warrants" for that stretch of roadway (I hope I used the correct terminology). I can't cite case law or Vehicle Code law, or any other code for this. I was on a County Board that dealt with these issues years ago.

The upshot is, Speed Limits are not enforceable if you are driving under the "Maximum Speed Limit" as specified by the Engineers who design and maintain the roads. A local LEO confirmed this to me and it was an issue in my present town. It was a very public issue as the City Council changed our "Maximum Speed Limits" to "Speed Limits" by lowering those "Maximum Speed Limits."

If my recollection is correct, you may get a "reduction in your bail" based on the "Maximum Speed Limit" for the roadway.

I was stopped on Hwy 395 about 6 weeks ago. I was on cruise control and bumped-up the speed to pass a slow moving vehicle. I forgot to "bump-down" the cruise control and was later surprised to find a LEO on my tail.

I asked the LEO what is the "Maximum Speed Limit" for roadway. He said the speed limit is 65. I then asked again, "No sir, What is the 'Maximum Speed'" for roadway? He did not give me a ticket. I don't know why he did not give me a ticket as he did not answer the question. He decided to give me a verbal warning instead.

I apologize for not using citations. I don't know where to look for them. I don't remember the case-law that was cited in the public meetings that I was a part of.

Good Luck,
markm

Maximum Speed Zones

MarkBofRAdvocate said:

Hey Decoligny,

Your point is very good. Always follow the PC definitions and case-law usage of words. Just as the OP used correct references to 12031(e) and he used the correct wording in his self-miranda statement, the correct terminology helped to ensure a lawful stop by LEO Freeman.

Furthermore, the OP's statement to Freeman regarding the serial number check was good also.

Hello JJ,

Were you stopped in a "Speed Limit" zone or a "Maximum Speed Zone?" Go to court and ask for the "public works engineer's maximum speed limit warrants" for that stretch of roadway (I hope I used the correct terminology). I can't cite case law or Vehicle Code law, or any other code for this. I was on a County Board that dealt with these issues years ago.

The upshot is, Speed Limits are not enforceable if you are driving under the "Maximum Speed Limit" as specified by the Engineers who design and maintain the roads. A local LEO confirmed this to me and it was an issue in my present town. It was a very public issue as the City Council changed our "Maximum Speed Limits" to "Speed Limits" by lowering those "Maximum Speed Limits."

If my recollection is correct, you may get a "reduction in your bail" based on the "Maximum Speed Limit" for the roadway.

I was stopped on Hwy 395 about 6 weeks ago. I was on cruise control and bumped-up the speed to pass a slow moving vehicle. I forgot to "bump-down" the cruise control and was later surprised to find a LEO on my tail.

I asked the LEO what is the "Maximum Speed Limit" for roadway. He said the speed limit is 65. I then asked again, "No sir, What is the 'Maximum Speed'" for roadway? He did not give me a ticket. I don't know why he did not give me a ticket as he did not answer the question. He decided to give me a verbal warning instead.

I apologize for not using citations. I don't know where to look for them. I don't remember the case-law that was cited in the public meetings that I was a part of.

Good Luck,
markm

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Wow, I wish I had this info a couple weeks ago. I paid the ticket last week and did the online traffic school last night.......

Gundude said:

creedence clearwater rivival

As a Harley rider, I will say this: Riding any bike over a 500 cc at the speed limit or under is next to impossible.

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As a Harley rider for many years( and it aint no 1200 )....I say BS It is easy to drive the speed limit. They give you a speedometer, gas and brakes. All you need to be is responsible...like we ask people who decide to OC to be. The few speeding, sometimes reckless bikers give us RESPONSIBLE riders a bad name. Im not saying I havent sped....but that statement is a crock!

MarkBofRAdvocate said:

Hey Decoligny,

Your point is very good. Always follow the PC definitions and case-law usage of words. Just as the OP used correct references to 12031(e) and he used the correct wording in his self-miranda statement, the correct terminology helped to ensure a lawful stop by LEO Freeman.

Furthermore, the OP's statement to Freeman regarding the serial number check was good also.

Hello JJ,

Were you stopped in a "Speed Limit" zone or a "Maximum Speed Zone?" Go to court and ask for the "public works engineer's maximum speed limit warrants" for that stretch of roadway (I hope I used the correct terminology). I can't cite case law or Vehicle Code law, or any other code for this. I was on a County Board that dealt with these issues years ago.

The upshot is, Speed Limits are not enforceable if you are driving under the "Maximum Speed Limit" as specified by the Engineers who design and maintain the roads. A local LEO confirmed this to me and it was an issue in my present town. It was a very public issue as the City Council changed our "Maximum Speed Limits" to "Speed Limits" by lowering those "Maximum Speed Limits."

If my recollection is correct, you may get a "reduction in your bail" based on the "Maximum Speed Limit" for the roadway.

I was stopped on Hwy 395 about 6 weeks ago. I was on cruise control and bumped-up the speed to pass a slow moving vehicle. I forgot to "bump-down" the cruise control and was later surprised to find a LEO on my tail.

I asked the LEO what is the "Maximum Speed Limit" for roadway. He said the speed limit is 65. I then asked again, "No sir, What is the 'Maximum Speed'" for roadway? He did not give me a ticket. I don't know why he did not give me a ticket as he did not answer the question. He decided to give me a verbal warning instead.

I apologize for not using citations. I don't know where to look for them. I don't remember the case-law that was cited in the public meetings that I was a part of.

Good Luck,
markm

Click to expand...

What you are talking about is a speed survey. Traffic is all a motor officer does... he knows all the streets to work that have a current speed survey...As of a couple years ago, unless there is a major change in the roadway design... they are good for 5-7 years. The speed survey will lay out the reasons for the posted speed. and 49 in a 35...good luck!

Gundude said:

Get on a 1200 sportster and tell me you will obey the speed limit.....:shocker:

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Chick bike detected. Skirtsters hardly meet the definition for fast. Hell, most Harleys don't meet the definition for fast (VRSC excluded). A 2010 Skirtster "might" be a challenge for an 82 GS1100E

Ok, probably not.

Although I wouldnt mind Confederate Hellcat.


OP,
What wing? GL15 or GL18?

GL18's have more poke, not that keeping it at the speed limit is that difficult.

Glad to hear your stop went smooth, was friendly, and the officers treated you with respect (Well,...you know what I mean.).

Were they CHP?

What road were you on? (Highway 50? Strawberry? Kyburz?)

Thos are my old stompin grounds.

slowfiveoh said:

Chick bike detected. Skirtsters hardly meet the definition for fast. Hell, most Harleys don't meet the definition for fast (VRSC excluded). A 2010 Skirtster "might" be a challenge for an 82 GS1100E

Ok, probably not.

Although I wouldnt mind Confederate Hellcat.


OP,
What wing? GL15 or GL18?

GL18's have more poke, not that keeping it at the speed limit is that difficult.

Glad to hear your stop went smooth, was friendly, and the officers treated you with respect (Well,...you know what I mean.).

Were they CHP?

What road were you on? (Highway 50? Strawberry? Kyburz?)

Thos are my old stompin grounds.

Click to expand...

"You meet the nicest people on a Honda"
"You meet the coolest people on a Harley"
If I have to explain, you wouldn't understand.

JJ said:

Thank you to all for your input and comments.

I know I was dumb for speeding, especially down the main drag in Lodi.

I know I should have had my recorder running already. Live and learn!

Click to expand...

Two words: radar detector.

Gundude said:

"You meet the nicest people on a Honda"
"You meet the coolest people on a Harley"
If I have to explain, you wouldn't understand.

Click to expand...

Reciting old advertising slogans doesn't do much for me. This ain't the 50's.

Been riding for 26 years. 15 on the street.

If I recited how many bikes I have owned, you'd probably poop yourself. During my younger years (15-17) I worked as a parts puller for salvage yards in Rancho Cordova, CA, and Roseville, CA. Nothing says, "I like bikes" like pulling parts off of RE5's, Kawi H1/2/3's, CBR's, KZ900's, VF1000R's, and the list goes on and on.

I'm the type of guy who waves irregardless of the make you're riding.
I'll work on your FXR for a 12 pack of Pepsi, just as soon as I'll do a GSXR 7-11 swap.

My original comment was to reflect the comments on "sportster", as if they could be associated with the word "speed".

Your rebuttal was a failed attempt at the perceived social aspect of HD ownership. Which is superficial at best.

Nothing like pulling up next to a $30,000 rigid with a tattooed dentist on it to drive the point home.

Unique? How about "fad"?

Yeah that's probably more accurate.

Then again, if you're scuffling around on a 650 pound 88ci dyna, I guess a "sportster" would be considered fast.

Don't worry. Your ape-hangars are way cooler. Despite the fact that they elevate control surfaces to sub-optimal levels for safe riding.

Mother-in-laws Screamin Eagle Sportster 1200 feels like I'm riding a lethargic turd compared to a healthy TL1000S, or even the aforementioned "ancient" 1982 GS1100E. Bury the throttle to the stop on either and even Mick Doohan on a Sportster 1200 will be powerless to jack squat @ wot, while you pull him so hard it looks like he got shot backwards out of a gun.

You should throw a suicide shifter on there too.

That would be "hardcore".


Love HD's/Clones. Would love my own baker six-speed backed 180ci monster.

Still, "fast" is not realistic. Stick to what the bike is for. If people can maintain speed limit speeds on a 400hp Turbo Busa, then you can on a 450+ lb 80hp Sportster.

The gentlemans comment about maintaining the speed limit earlier, is spot on.

Maybe you need wrist-discipline.



JJ,

What Goldwing sir?

Those new 1800's are beasts.

slowfiveoh said:

OP,
What wing? GL15 or GL18?



What road were you on? (Highway 50? Strawberry? Kyburz?)

Thos are my old stompin grounds.

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GL 1500 Aspencade

I was in Lodi on Kettleman Lane/Hwy 12.

I love the Strawberry/Kyburz area roads.

FR 71/Pack Saddle Rd. and Silver Fork Rd. are a couple of my favorites.

JJ said:

GL 1500 Aspencade

I was in Lodi on Kettleman Lane/Hwy 12.

I love the Strawberry/Kyburz area roads.

FR 71/Pack Saddle Rd. and Silver Fork Rd. are a couple of my favorites.

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Very nice.

The 1500's are hard to beat. Long production run means everything under the sun is available for them. You really only "need" a 1800 if you must have the excess power and absolutely have to have the "latest greatest".

I used to live in Rancho Cordova, so I would scoot up the 50 to Tahoe every now and then. Sometimes I would hang a left at Placerville and dive down that highway (can't remember what highway it is) towards Cool, then ride across the American, hang a right across the bridge, and tear up towards Foresthill. Other times I would just go ahead and drive all the way into Tahoe and maybe drop a few bucks on a table somewhere.

I know right where Kettleman and the 12 are too. That stretch sucks. CHP out all the time due to high fatality rates on that freeway.

Ride safe bud!

speeding ticket

if you want to fight the ticket do it IN WRITING ONLY. this is a website used to fight mine. www.ticketassassin.com

nowaysayhey said:

if you want to fight the ticket do it IN WRITING ONLY. this is a website used to fight mine. www.ticketassassin.com

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Interesting site. Traffic courts are all corrupt; Kalifornia's incredible mismanagement of the state's financial situation compounds the problem. The archetypal kangaroo court.

Gunslinger said:

Interesting site. Traffic courts are all corrupt; Kalifornia's incredible mismanagement of the state's financial situation compounds the problem. The archetypal kangaroo court.

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I tried this site's info once...didn't work. I still like the idea of a written declaration though, much better than the LEO getting paid to show up in court. If he's going to play ticket tax man, then let he's going to have to start putting pen to paper. I suspect the site is good for basic speeding and/or red light camera tickets.