possibly E biker slapped with Felony Charges in Fort Collins

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Josh K.

100 W
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Dec 12, 2007
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Location
Fort Collins, Colorado 80524
Hi Folks,

Well, it is a sad day for the E bike industry. Hot rodders beware:

A Fort Collins resident has had his E bike confiscated, and crushed by the authorities. Then, he has been slapped with a felony. No Shit.

Modified vehicle charges. From what we have heard, it had a 1,000 watt sticker on the motor, and it could go 35 mph, on motor alone.

So, when he was caught, going against a no walk sign, in a crosswalk, he was apprehended, bike taken away, arrested, and put on trial.
With some testing of some sort, it was determined that the vehicle was modified, so they put it into a metal crusher, and disposed of the bike.
Now he is a felon, and that is going to follow him for life.

I wonder if the batteries went pop, when they decided to destroy the bike? I wonder if he had a right to have it looked at by a professional?
I wonder if their was more to the story, like maybe he was a repeat DUI offender or something. We just don't know yet. Anybody who can find more
info, please post it, and let's find out what happened, before I go to city Council again to call them out for this tragedy. Sigh.

Josh K.
 
I'm so glad we live in a free country*

Do you have a news source for this?

* = 999,999,999 rules and restrictions may apply.
 
Yikes! so what rule/law might be next
hmmm
.. no batteries over 1c allowed
 
Nope, no news on it yet, but we have it on good word from a person who is helping in this situation.

We are looking for info, and news. Please do post when someone hears more.

Thank you, Josh k.
 
Yea there has to be more to this story. Drugs, Guns, Alcohol etc..

I just don't see someone getting that much trouble for just going faster then they should or the wrong way for that matter.

looked for a story and nothing so far. Look forward to additional details.
 
Josh K. said:
it was determined that the vehicle was modified, so they put it into a metal crusher, and disposed of the bike.
Now he is a felon, and that is going to follow him for life.

Is it illegal to have a modified vehicle in the U.S.?

Wouldn't crushing the bike be destroying Exhibit A in a serious criminal case?

If he's been convicted of a felony, wouldn't there be a court record containing the exact details of his crime?
 
This info comes from a very reliable source, and I will learn more, and let others know what we have learned.

But for right now, it looks like this went down, without other problems, just an over powered e bike, in a crosswalk.

Peace, Josh K.
 
We could probably help find info better if you would post some details, like names, case numbers, etc. I've been unable to locate anything on this so far.

Relevant laws would be nice, too.
 
Someone in the FC bike co-op might be able to get some inside info. They work with the cops on the stolen bike stuff.
 
This seems extremely unlikely.

I've been caught in full racecars on the street, plastic windows, slicks, cage, open-header, no plates no lights etc.

#1. They didn't crush the car. I think it was just $350 to get it back from impound (this was nearly a decade ago).
#2. No criminal charges at all, just traffic offenses (unregistered vehicle, no insurance, no lights, exhaust noise violation, non-DOT tires etc etc etc)


The ultimate irony of course, is someone pulling you over in there 120mph 4,500lbs gas-guzzling strikingly poor handling deathmachine on wheels paid for and supported with stolen money (cop car) to tell you that YOUR personal <100lbs 35mph silent bicycle is a felonous public danger.

The irony is so thick it reminds me a bit of this video with the campus safety police officer spraying his peacefully assembled students sitting holding hands in the face with pepper spray at Berkley. I love the riot gear too. It's so terribly pathetic, it must take a special kind of brainwashing to have something in you decide that's the right thing to do, and why would anyone ever want to keep such a brainwashing system functioning?
[youtube]6AdDLhPwpp4[/youtube]
 
Hmm, keep the details coming. Seems a tad extreme.

But with e-motos so cheap here in Colorado (see my sig), it's surprising that anyone would want to mess with an e-bike. There's a guy up in FC with a ZEV 7100, flying around at any speed he wants to go, completely legal.
 
I think that E bikes are up against some hard conditions, that are conspiring to keep em down.

It's a vehicle class thing, that goes all the way up, and into the DOT. We have an opportunity, to run the legal bikes,
at 750 watts or less.

But, you know, that's not good enough. We have to run it through the gears, and with pedal power, we are going to
be able to go over 20.

So, it's some invisible grey lines that we are smearing. And, It's Johnny law that doesn't like not being able to see
what is going on. Kinda hard to measure how many CC's this Moto bike has, You know? So, we are experiencing some
backlash, as the industry catches traction, and catches on with Joe Public.

I am not entirely apposed to getting a moped classification, to use 1.5, and to go 30 mph with Coppertops blessing.
But, it's some hoops to jump through to get a bike approved by the DOT, with Safety testing, and all the gizmos that
have to be DOT approved. But, if that is what needs be, okay, Let's bump it up a class, and use 3,000 watts as legally
allowed for a low power scooter. I just hate, the Term Moped, as it conjures up these horrible ideas of these slowpeds
from the 70's, where the pedals had nothing to do, but help it get going, and to slog up a hill while blowing chunks
of unburned hydrocarbons...Sigh.

But again, Let's say we did that, and then, the rider starts to hit 45 mph, because the E bike has the capabilities, and
the rider feels safe, with great brakes, suspension, lights and all. Then, we are in the same boat again, as with this
case, where Johnny law can say, this is a modified vehicle, because it is crossing the line, and is really a motorcycle now.

I know the Motorcycle folks can do whatever they want. Massive amounts of power, add whatever you want, and go as
fast as you can, not to mention blasting folks off the sidewalks without mufflers, as they think it is ok to run open headers...
But, they started with a motorcycle, that is made to go fast, like really fast with DOT approved wheels, brakes, frames,
hydraulic brakes and the like.

We on the other hand, have discovered how to make a rocket out of a bicycle, and some bicycles were never meant to
have 1hp added to it. Ever. So, I kinda agree, in that if Joe public mounts up a 3 hp unit on some Wallyworld toy bike,
with plastic levers, steel wheels, and crap for everything including cables that were designed to fail...Then we are
building death traps, and they need to be protected. So, where are we now?

Well, Home built bikes, for yourself, should be ok, in my book. You made it, you ride it, and you deal with your own
learning curve. It takes a while to be able to 74 mph on a 1/8th mile drag strip track, without having a catastrophic
failure that leaves a trail of tears. So, it kinda naturally weeds out those who should not be building bikes for others.
But, eventually, DOT is going to catch up with us, and we will be under some new guidelines, requiring approval for safety.

These are the days, But my friends, I think that after 12 years of pioneering this industry, I can see them coming now, and
it won't be long before we have to hire lobbyists, and fight for our rights to ride. I wonder how much bank the motorcycle
industry pays for stuff like being able to ride without a helmet, or the snowmobile industry pays to ride in national parks...
We have started to ride on Motorcycle approved trails, because, Ranger Rick is after us, and wants to take our E bikes away
from us, for riding a mountain bike, on a mountain bike trial, with a legal 750 watt electric pedal cadence boosting assist.
Be careful out there folks, and try not to make anyone mad, or you may become the next one slapped with a felony charge...

Peace, Love, and E bikes, Josh K.
 

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Can you tell us what the Felony level charge happens to be?

I'm having an extremely hard time believing it can have anything to do with any degree of un-registered mis-categorized vehicle code.

I could go take an F1 car or NHRA nitromethane funny-car down Hollywood Blvd in the middle of the day and not get a Felony.
 
Felony reckless endangerment
When i was young and gangerous
And my teachers said I was rude crude and
Socially un acceptable
I would return damage on the city for one magnitude the amount
100 dollar paper ticket
1000 dollar real damage
I would never do that now
Im learndid

Also fhat video was davis not berkeley
But davis used to be an extension campus of berk ley
 
I think you're trying to scare us into your way of thinking about eBikes again, Josh ( not unexpected coming from you, considering your posts )

I think you need to present some evidence. Something this extreme would likely have made it into the news. I'm calling your bluff, so now is your chance to prove me wrong.
 
I have had a cop threaten to take me to jail for riding my ebike. Luckily I had a friend who knows a cop. It was dicey there for a while. I was only going about 18mph at the time.
 
neptronix said:
I think you're trying to scare us into your way of thinking about eBikes again,


It shouldn't scare anyone, it should rally an entire resistance movement of people choosing to use the most logical lowest impact form of transportation on the planet. The very concept that someone in a car is even capable of feeling like they can say a word to anyone on any bike is proof of insanity in law concepts.
 
Hey guys,

I appreciate the ideas, and have shared with you, what I have for now. have no need to scare anyone, I am just trying to work out a problem
that I have heard about, that directly effects me, in my home town. You know?

I am telling you, that I have heard it on good authority, from a E bike rider friend, that his friend is giving advice to a fella who is in a world of hurt.

It's a modified vehicle offense, and he now has a felony on his record, for riding a slightly over powered e bike. Granted, it was in a cross walk, but,
I don't think that this is the real problem.

I will ask for some more info, and I will do some poking around. More news to come, Hang in there.

Peace, Josh K.
 
Josh K. said:
It's a modified vehicle offense, and he now has a felony on his record, for riding a slightly over powered e bike.


There is no modified vehicle offense that has felony penalties. (Possible exception of mounting machine guns or rockets on your car?)

I've had about every modified vehicle offense I've even heard of, they are just infractions not even criminal offenses. Most of them are dropped when you show that you correct the issue, for example, get busted for running race slicks, go put on street tires the next day, get a state patrol inspection showing that you're using DOT legal rubber on your vehicle now, drive home and put your slicks back on, drive to the court and show your ticket back is signed by an officer that inspected the car and says its in compliance, pay the $25 administration fee (which is generally >$300 if you don't get it signed off as being corrected), then do a fat burn-out on your slicks leaving the parking lot of the courthouse.
 
Hmm well.. I could see how this story could go down maybe in a small town.. here in Canada.. just from the little bit of information presented...
myself, I would say I have noticed all age's of people reaction's to a modified ebike and nearly all are strong either towards or kept at a distance ..
 
Josh K. said:
I will ask for some more info, and I will do some poking around.
Criminal Names? Case numbers? Judge names? Cop names? Law/regulation numbers? Location of crime? It can't be that hard or take that long for you to get those, if your'e talking directly to the people involved.

There's zip out there for news. I checked with a former coworker that comes from that area, and she said nobody has heard of this either.

Doesn't mean it might not have happened, but for now I still don't believe it, and I'd classify it as fear-mongering, one step below spam.

EDIT; I have sent emails to the FCbikecoop and the fcgov.com site asking for info on this. One of them should be able to provlde info on that. (I didn't see an email for the FCPD or would have sent it directly).

EDIT: Emailed the rest of the FC-located bike-related businesses and groups I could find emails for.

EDIT: Dee of Ridekick replied and has not heard of this, but will investigate and let me know the results.
 
Sure are a lot of felony bicycle DUI's in Colorado.

http://www.fischerandfischerlaw.com/Personal-Injury/Bicycle-Accidents.shtml

http://www.newbelgium.com/events/bike-in-cinema.aspx

http://www.fcbikelibrary.org

IMG_8490.jpg
 
I'm leaning towards the "pics or it didn't happen"...

How would they have already crushed the bike? Generally, they impound a vehicle and you go to court. We would have heard about this by the end of the hearing and sentencing. (I'm thinking this type of stuff makes the newspaper in Ft. Collins as the town isn't a metropolis)

On top of that, CO has some of the most understanding laws in the Nation. I really don't see this happening without news. This is the type of case that sets precedence for others to follow.
 
Okay, ok, don't shoot the messenger now.

It's not hard to believe that Ride kick doesn't know anything, most newbies don't.

Now, I know, we have not been able to get any info yet, but hang in there. I am not one to bullshit anyone, and I am sharing some inside
info that I have heard, from an Optibike owner that I have known for years. And he is hearing it from a lawyer who is consulting with
the guy who is in real trouble. Not sure if I was not supposed to hear about it, but I will pry for more info, and let people know what I know.

I am interested in promoting the E bike industry, and this is bad news to me too. I am not into spreading bad info, and would not have
said anything, but I believe my friend, and I know his friend as well, and assure you that this is real info. This will be an issue as things
progress.
Get over it, and understand that our opportunity is closing, for people who are not into following the law. I do, and promote following
the 750 watt limit. We have a great opportunity, and I recommend that everyone follow the law, so that we can continue on in creating
the most efficient form of transportation known to human kind.

Josh K.
 
Josh K. said:
Now, I know, we have not been able to get any info yet, but hang in there. I am not one to bullshit anyone, and I am sharing some inside info that I have heard, from an Optibike owner that I have known for years. And he is hearing it from a lawyer who is consulting with the guy who is in real trouble. Not sure if I was not supposed to hear about it, but I will pry for more info, and let people know what I know.
I repeat:

Criminal Names? Case numbers? Judge names? Cop names? Law/regulation numbers? Location of crime? It can't be that hard or take that long for you to get those, if your'e talking directly to the people involved.


Otherwise this is all unfounded rumor and fear-mongering, not promotion of anything. :x
 
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