The Virginia Biker Network » laws

Tickets Issued at Virginia Beach Bike Classic

Hersey — Wed, 04 May 2011 23:36:33 +0000

The Virginia Beach Bike Classic was held this weekend at North Beach landing in Virginia Beach , Virginia . It was great to be there and see a lot of friends from Virginia and the Carolinas . However the event was marred by law enforcement. The Virginia State Police in conjunction with the Virginia Beach Police Department set up a few miles from the event and wrote tickets for offenses such as unapproved helmets, illegal exhausts, improperly mounted license plates, etc. It was reported at one point that they were refusing those without a “DOT Approved” helmet to proceed further and forced them to go back to the event a buy a new helmet.

If you or anyone that you know received such a ticket at the Virginia Beach Bike Classic please contact me and I will represent you at no charge. These charges are improper given the law in Virginia . For those in favor of mandatory helmet use this is not an attack on helmets. I respect the right of every motorcyclist to hold an opinion on this matter. However this is not about helmets, it is about ensuring that the police follow the law. If they are going to stop and charge people they should at least be familiar with the statutes under which they are charging them.

I also want to reiterate that I am not anti-law enforcement. As an ex police officer and an ex prosecuting attorney I have an extensive law enforcement background. However, to many times I see motorcyclists charged for not wearing a helmet approved by DOT when the law in Virginia does not require that a helmet be approved by anyone. I also see tickets for illegal exhausts merely because the officer does not like the sound of the exhaust. I have seen tickets for improperly mounted license plates merely because the license plate is mounted vertically instead of horizontally. Virginia law does not prohibit vertically mounted license plates. I have even seen a few handle bar height tickets when that law was repealed in 2003. You are not guilty of an offense simply because an officer says that you are. You are only guilty if you have violated a statute or ordinance. A great number of people charged at the Virginia Beach Bike Classic did not violate any state or local law.

That is why I think it is important to challenge these tickets even though they are non-moving violations. If we as motorcyclists merely pre-pay them because it is too much of a hassle to go to court and fight then we will continue to receive improperly issued tickets. So if you have received such a ticket please contact me and I will be happy to take the case(s) at no charge.

Matt Danielson
McGrath & Danielson
Tom McGrath’s Motorcycle Law Group
1-800-321-8968
Motorcyclelawgroup.com

New Virginia Toll Lanes Designed to Create Congestion

Hersey — Tue, 08 Jul 2008 22:38:00 +0000

Illegal political contributions helped an Australian firm land a lucrative toll road deal that grants the company unprecedented power over Northern Virginia’s transportation future. Last week, Transurban wrote and asked state lawmakers to return checks that the Melbourne-based toll road operator had written in violation of federal campaign laws. But the deal these contributions helped bring about has already been finalized.

In June, the US Department of Transportation created a first-of-its-kind $1.6 billion financing package that consisted of tax-free bonds, loans and state taxpayer grants to support the project that will add a pair of High Occupancy Toll (HOT) lanes to the Interstate 495 Capital Beltway just outside of Washington, DC. To this amount, Transurban only added $349 million of its own capital — less than the cost of interest — toward the construction of the toll lane.

Read the Full Story here…

New Law Affects Scooter Drivers

Hersey — Tue, 01 Jul 2008 12:59:02 +0000

Many people are trading in their car keys and hopping on scooters to save money on gas.

But starting Tuesday, many scooter drivers will have to follow the same laws that apply to motorcycle riders. The big change has to do with speed and not engine size, which is how it is on the law books now.

July 1st, if your scooter goes more than 35 miles an hour, you have to obey the same rules as any motorcycle driver.

“In 2007, we sold approximately 50 scooters. In May 2008, we sold 50 scooters,” says Chelsea Lahmer, owner of Scoot Richmond.

Read the Full Story here…

States green-light new red-light laws for motorcycles

Hersey — Wed, 11 Jun 2008 12:12:19 +0000

Motorcyclists in a growing number of states are being allowed to go through red lights when sensors aren’t able to detect they are there.

In May, South Carolina became the seventh state to give motorcyclists license to proceed with caution after stopping when the device that causes the light to change from red to green doesn’t activate, according to Imre Szauter, government affairs manager for the American Motorcyclist Association.

North Carolina passed a similar law in 2007. Wisconsin (2006), Idaho (2006) Arkansas (2005), Tennessee (2003) and Minnesota (2002), all have passed laws the past six years, Szauter said. Bills have been introduced for the same purpose in Georgia, Missouri and Oklahoma, according to the National Conference of State Legislatures and the legislative websites for those states.

Read the Full Story here…

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