I want to throw a legal problem i have out to the pentax community and get your opinion.
Moderator, sorry I thought I put this in General Talk, not gen. photog., please move it.
Well, I'm now a common criminal
I bought a new Yamaha xt250 street and trail and couldn't wait to ride it, unfortunately before I licensed it. I'm a bit manic now, which didn't help - my shrink is trying to level me off, but that's another story.
Well, a W.V. State Trooper was called because I was fishing on a state stream/federal stream. The trooper made me leave because the trooper agreed with the man that I couldn't park my motorcycle close to the flood plain of the creek, which I've been told by one West Virginian, the Flood Plane is even apart of the stream - I dunno. The man actually gave me permission to park there 3 days ago, but him and his neighbor changed their mind when I came back "too soon."
Well I left on the motorcycle with no license and the Trooper didn't persue me; however, my mp3 blew off and I noticed that and did a U turn to go bACK AND find it. Sorry I hit the caps lock key cause half my pinky is numb via a pinched nerve. Anyways I seen the mp3 player and did another U turn to the very end of a private mans drivceway, whom was outside at the moment and said it's fine for me to park my bike there and pick it up. I actually think the stATE RoAD Here does extend an additional 10 feet on both sides of the white lines of the road - if so, I have no case.
I can't remember if the state trooper seen me do that last u turn into the driveway - I surely would have seen him during the first half of the u turn!. Any ways, he pulled up on me flashing and siren and arrested me for riding the motorcycle on the road. The only thing I can add is that farm use is ok for vehicles carrying "herderd animals." Well, I'm a Scientist (visit my science page at
www.piziak.com). Believe it or not I had vials of different fruit flies in my bag on my rack (modern genetics is based on crossing fruit flies. Also, I had a few fish I caught in the bag. Aren't these "herded animals" ? LOL! Well, biologically they are in the animal kingdom.
Also, WV code says a motorcycle that has its engine off coasting or parked is considered a bicycle and not a motor vehicle. I actually can't remember if I turned it off as soon as the trooper pulled up on me or not, but either he or i turned it off & he gave keys to tow truck. I guess I need to see the police report and any video he may have made and talk to the private citizen that owned the driveway. There may not be enough info. here to determine anything.
Regardless though, perhaps my best shot of getting off with a high dollar lawyer is the motorcycle was assumed to be given permission off the road at the end part of the citizens driveway..
I'm going to police station now to get my i.d. and cell phone that he didn't turn over to the jail. I'll ask for the report and a copy of any video - I wander if that's another charge.
Anyways this cost me 2 nights in jail, $325 bonded out (a $3,000 bond), and a $156 tow truck/storage fee to get my cycle back (or is it a farm vehicle or was it a bicycle) - one has to laugh at the things I come up with sooner or later !!!
I
Michael Piziak
Here is a WV news story of interest about what I typed too:
ATVs now allowed to drive on W.Va. roads