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Old 10-06-2008, 10:06 AM   #1
Zapata
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Got busted by METRO LEO!!

Well...I guess it was bound to happen.

Today in the morning, riding on the bike as everyday on the I-10 Katy Diamond/HOV lane got pulled over by a METRO Motorcycle Cop for not exiting the HOV lane and "driving" in the "Buses Only" lane. (I have been doing this since the I-10 HOV lane got closed) I was respectful and very polite but the guy was mercyless and blasting me about why I do not exit the lane and keep "driving" ..??
Anyway..it was good while it last because I was merging into the I-10 main lanes just where the orange barrels are located close to HWY-6 and saving a good amount of time in the "stop-and-go" traffic from Fry Rd and I-10.
After he was done with me, he also busted a car doing exactly the same. Anyway I'm hiring a lawyer and will keep you guys posted about the outcome.

Check this article:
http://www.bankrate.com/brm/news/auto/20060425a1.asp

Watch out for the LEO's in that area..!!! A co-worker told me that during the weekend they were pulling people all over in the same area.
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Old 10-06-2008, 10:10 AM   #2
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Now that the cops are not tied up with hurricane Ike related duties, the city has to play catch-up on those ticket quotas. I'd be careful no matter where you live.
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Old 10-06-2008, 10:25 AM   #3
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Two things:

You need to do a search and find the federal law that allows motorcycles on HOV lanes. If memory serves correctly, it reads that motorcycles are allowed on any federally funded roadways that are not closed off to ALL traffic.

Again, I'm doing that from memory, so it may not be exact, but if it is, you have a legal right to be on that road.

Second, if it's correct and if you are a member of the AMA, their legal defense department should help with this.

Good Luck!
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Old 10-06-2008, 10:27 AM   #4
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Quote:
Originally Posted by Captain M View Post
whats the lawyer for if you were doing something u weren't supposed to be doing?

or were you in the clear & he was just being a d!ck!?
you must think lawyers care if you were doing something you weren't supposed to be doing lol

the more guilty you are the more you need a lawyer to make it go away, duh!
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Old 10-06-2008, 10:36 AM   #5
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Quote:
Originally Posted by Captain M View Post
whats the lawyer for if you were doing something u weren't supposed to be doing?

or were you in the clear & he was just being a d!ck!?
Read the article on the link I posted above. I lawyer will keep the ticket out of you records and your insurance rate will not go higher...!!!
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Old 10-06-2008, 11:00 AM   #6
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Quote:
Originally Posted by Captain M View Post
whats the lawyer for if you were doing something u weren't supposed to be doing?

or were you in the clear & he was just being a d!ck!?
Quote:
Originally Posted by zapata View Post
Read the article on the link I posted above. I lawyer will keep the ticket out of you records and your insurance rate will not go higher...!!!
Just like you did, I confused the words LAWYER and MORALITY.
Here is an excerpt from the above link:

"For less than the cost of a business lunch, a traffic attorney will take your speeding ticket to court on your behalf.

"We take whomever we want, and it's just built into the system that if there are errors on the ticket, it gets dismissed," says Mitchell Frank"
"If there are no mistakes, then it's not going to be dismissed but they still might get out of the points and the school and get a reduced fine, like a reward for a good record."

But do traffic lawyers deliver the goods?

"Can they get the tickets dismissed? Yes, because they know the technicalities," says Brenda DiIoia, chief traffic magistrate for Broward County Courts in Fort Lauderdale, Fla. "They also know which ones they can't get dismissed. When the ticket is perfect, nobody is going to be able to do anything for you, so they plea (bargain) those. The attorneys are great if you don't have time to go to court or if your driving record isn't great."
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Old 10-06-2008, 11:39 AM   #7
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Quote:
Originally Posted by Challen View Post
Two things:

You need to do a search and find the federal law that allows motorcycles on HOV lanes. If memory serves correctly, it reads that motorcycles are allowed on any federally funded roadways that are not closed off to ALL traffic.

Again, I'm doing that from memory, so it may not be exact, but if it is, you have a legal right to be on that road.

Second, if it's correct and if you are a member of the AMA, their legal defense department should help with this.

Good Luck!
That's correct but in this case the HOV lane is closed to all vehicles but METRO buses.

http://blogs.ridemetro.org/blogs/wri...Labor-Day.aspx
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Old 10-06-2008, 11:50 AM   #8
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Quote:
Originally Posted by zapata View Post
That's correct but in this case the HOV lane is closed to all vehicles but METRO buses.

http://blogs.ridemetro.org/blogs/wri...Labor-Day.aspx

That's my point. The federal law states that unless the road is closed to ALL traffic (it's not closed off to all traffic because they are allowing metro buses), then they must allow motorcycles. Federal law overrides state law.

Now, there is a section that says if they can show that it's a safety issue, then they don't have to allow motorcycles, but I guarantee that they haven't done a study and provided it to the federal government. So that rules out that section also.
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Old 10-06-2008, 11:53 AM   #9
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Quote:
Originally Posted by Challen View Post
That's my point. The federal law states that unless the road is closed to ALL traffic (it's not closed off to all traffic because they are allowing metro buses), then they must allow motorcycles. Federal law overrides state law.

Now, there is a section that says if they can show that it's a safety issue, then they don't have to allow motorcycles, but I guarantee that they haven't done a study and provided it to the federal government. So that rules out that section also.

Got it...!!!! I now need to find that Federal Law.
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Old 10-06-2008, 11:56 AM   #10
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Quote:
Originally Posted by shanecrow99 View Post
Now that the cops are not tied up with hurricane Ike related duties, the city has to play catch-up on those ticket quotas. I'd be careful no matter where you live.
I know right! If I hit 50 citations this month, I get the new Samsung Flat Screen 42 inch screen... I'm thinking that I might even go in on my off days just to hit my quota...
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Old 10-06-2008, 12:01 PM   #11
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Found the Law...!!!!

Quote:
From 23USC102:

TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 102. Program efficiencies

(a) HOV Passenger Requirements.--
(1) In general.--A State transportation department shall
establish the occupancy requirements of vehicles operating in high
occupancy vehicle lanes; except that no fewer than 2 occupants per
vehicle may be required and, subject to section 163 of the Surface
Transportation Assistance Act of 1982, motorcycles and bicycles
shall not be considered single occupant vehicles.
(2) Exception for inherently low-emission vehicles.--
Notwithstanding paragraph (1), before September 30, 2003, a State
may permit a vehicle with fewer than 2 occupants to operate in high
occupancy vehicle lanes if the vehicle is certified as an Inherently
Low-Emission Vehicle pursuant to title 40, Code of Federal
Regulations, and is labeled in accordance with, section 88.312-93(c)
of such title. Such permission may be revoked by the State should
the State determine it necessary.

(b) Access of Motorcycles.--No State or political subdivision of a
State may enact or enforce a law that applies only to motorcycles and
the principal purpose of which is to restrict the access of motorcycles
to any highway or portion of a highway for which Federal-aid highway
funds have been utilized for planning, design, construction, or
maintenance. Nothing in this subsection shall affect the authority of a
State or political subdivision of a State to regulate motorcycles for
safety.
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Old 10-06-2008, 12:02 PM   #12
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Quote:
Originally Posted by PoPoRiderRR View Post
I know right! If I hit 50 citations this month, I get the new Samsung Flat Screen 42 inch screen... I'm thinking that I might even go in on my off days just to eat my quota of doughnut's ...
Fixed
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Old 10-06-2008, 12:03 PM   #13
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Quote:
Originally Posted by PoPoRiderRR View Post
I know right! If I hit 50 citations this month, I get the new Samsung Flat Screen 42 inch screen... I'm thinking that I might even go in on my off days just to hit my quota...
HAHAHAHAHHA
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Old 10-06-2008, 12:05 PM   #14
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Wow. Good thread- very informative.
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Old 10-06-2008, 12:53 PM   #15
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they are not treating a motorcycle any different than a car - both got stopped so doubt you have a case but good luck anyway.
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Old 10-06-2008, 01:07 PM   #16
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they are not treating a motorcycle any different than a car - both got stopped so doubt you have a case but good luck anyway.

Yeh, looks like it's worded a little differently than I remember. Probably not gonna help here.
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Old 10-06-2008, 01:52 PM   #17
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Quote:
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I know right! If I hit 50 citations this month, I get the new Samsung Flat Screen 42 inch screen... I'm thinking that I might even go in on my off days just to hit my quota...
Check the signs... is it listed as an HoV or a HoT?
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Old 10-06-2008, 01:57 PM   #18
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yep, sounds like that can specifically exclude only motorcycles. guess it's worth a shot though.
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Old 10-06-2008, 01:59 PM   #19
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i thought bikes could go in the HOV now. i mean i used to ride the bike to work before they closed the I-10 HOV down so they could make it into the tollway. there was a thread about it a few weeks ago. time to go searching.
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Old 10-06-2008, 02:02 PM   #20
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Quote:
Originally Posted by RojerLockless View Post
you must think lawyers care if you were doing something you weren't supposed to be doing lol

the more guilty you are the more you need a lawyer to make it go away, duh!


For sure if there is one thing I have learned, its that Houston has best court system money can buy. I have gotten out of so much I should not have and its all because of who your lawyer knows
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