xyster
10 MW
It's a good thing attorneys, Congress and the DMV (and equivalent elsewhere) followed the advent of the wheel, else it'd never have been allowed.
got a criminal citation- e-bikes are unknown in FL court!
- Thread starter Matt Gruber
- Start date
Matt Gruber
1 MW
WOW!newbie electric rider
100 W
WHAT HAPPENED????? 
Can't get to your link either
Can't get to your link eithernewbie electric rider
100 W
I called him, and the verdict is..........I'll let him tell you.
Matt Gruber
1 MW
Amazing!
Judge knew NOTHING of e-bike law!
1st offer was $500 fine
60 days in jail!
But judge was truly interested in justice.
after 10-15 minutes(seemed like 1 hour)
Judge said "You have got a really good case!
we came to a conclusion:
1. no fine or jail
2. no court costs (usually $208 just today)
3. no criminal record
4. no pretrial hearing(more $$$$?)
5. no trial/appeal (costs maybe thousands)
Most fun i've had in months! WOO HOO!
ADJUDICATION WITHHELD
Judge knew NOTHING of e-bike law!
1st offer was $500 fine
60 days in jail!
But judge was truly interested in justice.
after 10-15 minutes(seemed like 1 hour)
Judge said "You have got a really good case!
we came to a conclusion:
1. no fine or jail
2. no court costs (usually $208 just today)
3. no criminal record
4. no pretrial hearing(more $$$$?)
5. no trial/appeal (costs maybe thousands)
Most fun i've had in months! WOO HOO!
ADJUDICATION WITHHELD
newbie electric rider
100 W
at first the judge said under law x if found guilty 60 days and big fine, then Matt replied, yes but under law x paragraph 3 that a ebike is a bike, then the judge said, ok matt go ahead and read that to me, which matt did, and then the judge was saying well i would find you guilty but i think you could win this one under appeal, which matt replied rather expensive your honor ....so the judge just threw it all out, no decision either way... kind of a win, i recommend call up the local news, and stir up some interest, maybe a rich guy would fund the required funds to see this threw
congratulations Matt, job well done
now get some pedals on your bike
congratulations Matt, job well done
now get some pedals on your bike
Johnbear
10 kW
I think it is still a positive thing! Gotta keep the enforcement advised of the law!
xyster
10 MW
Congratulations, Gruber. It's amazing to me there was even talk of jail though...imagine the outcome if you had drawn a less sensible judge.
knightmb
100 kW
My hats off as well, you stuck to your case and even though the judge didn't want to admit defeat, it's still a win for you!
No fine or jail time - good!
But... can you ride your PSEV again?
But... can you ride your PSEV again?
Matt Gruber
1 MW
psev was retired 1 year ago.fechter said:
mbike was due to retire as soon as my 2nd recliner was built.
2nd recliner has not been started yet. Will verify design is ok with police before starting.
61 vette is my current project. ev's on hold.
xy- judges don't give jail on a 1st offence. (paris hilton drove 3X no license)
Matt Gruber
1 MW
Thanks!knightmb said:
Actually the judge did a 180 and he seemed proud of my "green solution"
It was the &*#@)(? State Attorney that would not back down and wanted to go all the way thru appeal: "we (SA) will win your honor"
It appeared he could not drop it without state approval. So it appears he did an "end run" by withholding judgement.
I'm sure i dont fully grasp the entire protocol.
Lessss
1 MW
I think the judge realized the SA was being a real dick, and was harassing defensless EV drivers.
I hope my advice helped in a small way.
I do hereby nominate Matt as Defender of the ___ um ah ___ faith?
Brave man indeed.
Three posts Hurrah!
I hope my advice helped in a small way.
I do hereby nominate Matt as Defender of the ___ um ah ___ faith?
Brave man indeed.
Three posts Hurrah!
Was the officer that wrote the citation there and if so did the Judge have any words for him/her?
Unless Matt went off the chain with the officer, this should have never resulted in anything other than a warning. The Judge exercised good sense (it happens occasionally) and put this to rest.
Anyone riding in Florida needs to be clear about the law however. Florida Statutes do not recognize any sort of e-bike. The Statutes do however recognize and allow power assisted bicycles. That being said, with some very minor considerations, it is easy to operate well within the intent of the Statutes.
Unless Matt went off the chain with the officer, this should have never resulted in anything other than a warning. The Judge exercised good sense (it happens occasionally) and put this to rest.
Anyone riding in Florida needs to be clear about the law however. Florida Statutes do not recognize any sort of e-bike. The Statutes do however recognize and allow power assisted bicycles. That being said, with some very minor considerations, it is easy to operate well within the intent of the Statutes.
It would be fun to find a bunch of well funded environmental activists with lawyers and sick them on the SA (now that Matt is cleared). See if the law can be changed.
Lock
100 MW
Congratulations Matt
Will the court record of proceedings be published (online?) anywhere? anytime?
tks
Lock
Will the court record of proceedings be published (online?) anywhere? anytime?
tks
Lock
Matt Gruber
1 MW
#'s are hard to read.
CASE No. CTC0705165MMAWS
COUNTY COURT
VOLUSIA COUNTY FL
CITATION 5226-RFA
JUDGE J R SMITH
SA MELISSA CLARK
CASE No. CTC0705165MMAWS
COUNTY COURT
VOLUSIA COUNTY FL
CITATION 5226-RFA
JUDGE J R SMITH
SA MELISSA CLARK
A plea of nolo contendere (no contest) was entered into the record. The Judge withheld adjudication and suspended the sentence.
This means basically the Judge found Matt guilty of the offense but he was not actually convicted. Its a technicality but one that can serve a defendant later if he/she ever wants to have the record sealed. If convicted or adjudicated guilty (not withheld), the record cannot be expunged or sealed.
This is what a Judge typically does when he/she feels the process has gone far enough and the lesson has been learned by the defendant. I make the comment in general and not specific to Matt's case.
This means basically the Judge found Matt guilty of the offense but he was not actually convicted. Its a technicality but one that can serve a defendant later if he/she ever wants to have the record sealed. If convicted or adjudicated guilty (not withheld), the record cannot be expunged or sealed.
This is what a Judge typically does when he/she feels the process has gone far enough and the lesson has been learned by the defendant. I make the comment in general and not specific to Matt's case.
Matt Gruber
1 MW
my paperwork has a column-[check 1]
GUILTY PLEA
__X__NO CONTEST PLEA
FOUND GUILTY BY JURY
FOUND GUILTY BY COURT
no contest is checked.
column 2 ADJUDICATION
________GUILTY(not checked)
____X____Withheld
OTHER: NO Fine/Costs
IMO a suspended sentence would say XXXXX$ Fine
XXXXX$ costs
sentence suspended
That is NOT the case here.
I agreed to no fine/costs and the transcript will show this.
V-tach thanks for all your posts, now please get a transcript link
GUILTY PLEA
__X__NO CONTEST PLEA
FOUND GUILTY BY JURY
FOUND GUILTY BY COURT
no contest is checked.
column 2 ADJUDICATION
________GUILTY(not checked)
____X____Withheld
OTHER: NO Fine/Costs
IMO a suspended sentence would say XXXXX$ Fine
XXXXX$ costs
sentence suspended
That is NOT the case here.
I agreed to no fine/costs and the transcript will show this.
V-tach thanks for all your posts, now please get a transcript link
That is a suspended sentence. Unless the charge is dropped or the defendant wins the case, there is always a sentence or sentence standing on the record. To favor the defendant but not actually drop the charge, a suspended sentence is the best a Judge can do. It is the passing of the sentence not the sentence itself that is being suspended. This means that if the defendant is convicted of another offense, then he/she could be sentenced for the original offense.
Other than having the charge dropped or actually winning a trial, its the best possible outcome. I think there is a prescribed minimum period that may have to pass but if you should decide, at some point you can move to have the record sealed.
I don't think Volusia County makes transcripts available on-line but they'll provide them with a public records request. There is usually a nominal fee involved.
Matt Gruber
1 MW
We agree here!v_tach said:
Consider I have never been in any court in 20+ years and did not consult a lawyer!
This is the legal equalivalent of landing a 747 in a thunderstorm with NO Pilot's license! :lol:
Lessss
1 MW
Now to talk to your legislator showing them hobby horses, your Mbike, and those bicycle scooters that are a stand up scooter with a bicycle front end, and have them amend the law. See if you can also get them to up the speed capability to match that of the flow of traffic as well.
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