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Author Topic: Va Beach police getiing out of hand  (Read 5304 times)

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hogasm

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Va Beach police getiing out of hand
« on: May 03, 2011, 12:21:02 PM »

Seems that the Va Beach Va police were out in force at the Va Beach Bike Classic this past weekend. Kathy and I rode past it last Saturday and noticed a high presence of police near the venue. Seems that they issued alot of tickets from non DOT helmets to vertical license plate mounting.

Well anyone who was issued a ticket the motorcyclelawgroup has announced that they will take your case free of charge.
--------------------------------------------------------------------------------

From: matt@motorcyclelawgroup.comrr
Sent: 5/2/2011 12:02:19 P.M. Eastern Daylight Time
Subj: Tickets Issued at Virginia Beach Bike Classic

 

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

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BUBBLEHEAD

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Re: Va Beach police getiing out of hand
« Reply #1 on: May 03, 2011, 12:36:32 PM »

 :2vrolijk_21: to Matt.  If someone truely deserves a ticket then that's one thing. If ticketed improperly that's another. Glad Matt is giving his time to try to correct this. If we as citizens have to follow the letter of the law, then so does law enforcement.
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Re: Va Beach police getiing out of hand
« Reply #2 on: May 03, 2011, 04:08:32 PM »

Thanks Matt for all that you do.






Seems that the Va Beach Va police were out in force at the Va Beach Bike Classic this past weekend. Kathy and I rode past it last Saturday and noticed a high presence of police near the venue. Seems that they issued alot of tickets from non DOT helmets to vertical license plate mounting.

Well anyone who was issued a ticket the motorcyclelawgroup has announced that they will take your case free of charge.
--------------------------------------------------------------------------------

From: matt@motorcyclelawgroup.comrr
Sent: 5/2/2011 12:02:19 P.M. Eastern Daylight Time
Subj: Tickets Issued at Virginia Beach Bike Classic

 

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


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dlaws01

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Re: Va Beach police getiing out of hand
« Reply #3 on: May 03, 2011, 04:54:33 PM »

Thanks Matt, that's really nice of you!  And who said ALL lawyers were aholes. You have definitely proved otherwise!
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Re: Va Beach police getiing out of hand
« Reply #4 on: May 03, 2011, 06:20:55 PM »

 i take my hat off to you. as you said just paying the tix is the easiest for most,but you deserve a thank-you from us because you did not just walk away you stood up for us when you did NOT have too. thank you!! :2vrolijk_21: :2vrolijk_21: :2vrolijk_21:
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Re: Va Beach police getiing out of hand
« Reply #5 on: May 03, 2011, 06:27:41 PM »

An attorney offering his services for free?


Holy chit...


Gonna ruin the reputations of attorney's everywhere!   ::)



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Re: Va Beach police getiing out of hand
« Reply #6 on: May 03, 2011, 06:32:03 PM »

As one attorney to another, thanks for your pro bono work on this issue.
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scotr

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Re: Va Beach police getiing out of hand
« Reply #7 on: May 03, 2011, 07:47:42 PM »

Thank you Matt. There are good people left in this world.

Scotr
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Re: Va Beach police getiing out of hand
« Reply #8 on: May 05, 2011, 10:11:42 AM »

There are still plenty of stand-up guys in the world, I think we have all just met one!! THANKS+++
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Re: Va Beach police getiing out of hand
« Reply #9 on: May 05, 2011, 11:20:16 AM »

Did Brian get a pass to the policman's ball?
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Re: Va Beach police getiing out of hand
« Reply #10 on: May 05, 2011, 12:08:35 PM »

Welcome to Va, now pay your tickets and keep your mouth shut because i said so. I beleave thats the offical motto. Thanks for the help Matt. really resisting a rant about the "state's mobil revenuer's". but i will refrain.
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Re: Va Beach police getiing out of hand
« Reply #11 on: May 06, 2011, 05:30:21 AM »

I almost wish I was there and got one of these BS tickets just so Matt could "handle" it. Between municipalities looking for funds and officers "opinion tickets" our fun frontier is closing in on us.
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Re: Va Beach police getiing out of hand
« Reply #12 on: May 08, 2011, 09:19:44 PM »

Wow, what a story, and what a great atty. My opinion, like many others I'm sure, are not very high of those making money in the legal profession. The only thing, IMO,(again) worse than an atty for hire is a court appointed one.....nice to see one who is actually decent for a change
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Re: Va Beach police getiing out of hand
« Reply #13 on: May 09, 2011, 07:05:23 PM »

Hogasm - Thanks for bringing this to our attention and please pass on to Matt a big thank you and  :2vrolijk_21:
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Sparky

hogasm

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Re: Va Beach police getiing out of hand
« Reply #14 on: May 10, 2011, 07:35:53 AM »

i have to laugh now.....I posted this after Kathy and I noticed a huge police presence that weekend and heard of the tickets given out......

well

I rode my 02 Ultra up to my mothers house in Va on Saturday for a early Mothers Day. While riding through Va Beach I was pulled for an unapproved license plate bracket

I literally started laughing hysterically at the officer, which called for backup..3 cars  I then got out my camera which taked video and told them I was going to video this to give to the McGrath Law firm which they did not like and informed me that I was breaking the law by videoing them.

I refused to sign the ticket until they could show me the law on how a license plate should legally be displayed. Car 3 was a Lt. I told him that I would sign the ticket when and only when he proved I was in violation. The Lt called the other 3 officers into a conference and when he came back he told me to have a nice day but to take care of the mounting of the plate before a overzealous officer pulls me.

I told them all to have a nice day and after riding down the road a few miles I stoped to look at the video which only included a picture of the ground.....I must have pushed a wrong button :oops:
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