Careless Driving on a Motorized Bicycle

My question involves a careless driving ticket from the State of: Missouri.

You'll like this one!!

So I was riding a wheelie on my "motorized bicycle" the other day and passed an officer going the other way. Long story short he wrote me a ticket for "careless driving."

Exactly from the ticket (hard copy): Careless driving by accelerating at a speed to make the front tire leave the roadway (eastbound shoulder of Duncan) for a length of roadway (wheelie). Vehicle was a "motorized bicycle."

Prior to riding my bike I researched MO bicycle/motorized bicycle laws. Mo statute 307.193 explains the penalty for a violation associated with a motorized bicycle and says that a fine of not less than 5 dollars nor more than 25 dollars can be issued. A careless DRIVING ticket is 125 bucks and what concerns me even more is the points that will be assessed to my license.

You don't even have to have a driver's license to ride a motorized bicycle or even be old enough to OBTAIN a DL. So how can they hit me with a moving violation citation? It's not even a motor vehicle.

I explained this to the officer AND his sergeant and was told to contact the city clerk. SO I did today and was informed that I'd need to pay the 125$ or go to court with a copy of the statutes associated with MO bicycle laws. My idea is to go to court and present the information I have just explained. Would this be stupid on my part to do?

What statute # were you cited for?

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Quoting That Guy

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What statute # were you cited for?

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It was a blue springs statute for careless driving. I looked it up and it referenced "careless driving."

I've tried to look up information FOR careless driving to read the definition and can't seem to find it anywhere. :wallbang:

You'll find the codes and definitions HERE. Click on the small folder icons to open up each subcategory (Chapter) then click on the link for the particular statute number/description.

Alternatively, you can use the search box (located in the top banner) to search for particular terms.... (example "careless")... and it will give you a list of all statutes that contain the search term.

Here's the section for Careless Driving (under CHAPTER 340: MISCELLANEOUS DRIVING RULES)

SECTION 340.190: CARELESS DRIVING

A. Any person who operates a vehicle upon a street carelessly and heedlessly, in disregard of the rights or safety of others, or without due caution and circumspection, or at a speed and in a manner so as to endanger or be likely to endanger any person or property shall be guilty of careless driving.
B. Every person who is convicted of careless driving shall be punished by a fine of not exceeding five hundred dollars ($500.00) or imprisonment not exceeding six (6) months, or by both said fine and imprisonment. (CC 1968 §20-11; Ord. No. 323 §3, 7-5-66; Ord. No. 486 §1, 2-16-70; Ord. No. 564 §1, 10-4-71; Ord. No. 1365 §3, 2-18-85)

And here is the definition of "Vehicle" (under "CHAPTER 300: GENERAL PROVISIONS)

SECTION 300.020: DEFINITIONS
VEHICLE: Any mechanical device on wheels, designed primarily for use, or used, on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, cotton trailers or motorized wheelchairs operated by handicapped persons. (CC 1968 §20-1; Ord. No. 323 §1, 7-5-66; Ord. No. 2964 §3, 4-7-97)

Assuming that (section 340.190) is the correct statute you were cited under and since the definition of "vehicle" excludes ... a "motorized bicycle"... the Careless driving of a vehicle does not apply in this case.

Good luck!

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Quoting That Guy

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Assuming that (section 340.190) is the correct statute you were cited under and since the definition of "vehicle" excludes ... a "motorized bicycle"... the Careless driving of a vehicle does not apply in this case.

Good luck!

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That is exactly how I interpreted it in my head as well. Thank you very much. That at least gives me an idea on how to legally approach this. :cool:

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Quoting anythingfastxxx

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That is exactly how I interpreted it in my head as well. Thank you very much. That at least gives me an idea on how to legally approach this. :cool:

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You're welcome. Come back and update us with the outcome.

Getting my stuff together for court Thursday!!! lol

Wish me luck!!! Hopefully the judge is reasonable. :-)


Here's what I've got:

All rules and regulations pertaining to bicycle/motorized bicycles.

Including:
307.193. Penalty for violation. Any person
seventeen years of age or older who violates any
provision of sections 307.180 to 307.193 is guilty
of an infraction and, upon conviction thereof, shall
be punished by a fine of not less than five dollars
nor more than twenty-five dollars. Such an
infraction does not constitute a crime and
conviction shall not give rise to any disability or
legal disadvantage based on conviction of a
criminal offense. If any person under seventeen
years of age violates any provision of sections
307.180 to 307.193 in the presence of a peace
officer possessing the duty and power of arrest for
violation of the general criminal laws of the state
or for violation of ordinances of counties or
municipalities of the state, said officer may
impound the bicycle or motorized bicycle
involved for a period not to exceed five days upon
issuance of a receipt to the child riding it or to its
owner.



"Careless driving" DEFINED

"Vehicle" defined

And "motorized bicycle" defined (Not that it matters because the ticket states I was on a motorized bicycle and there doesn't seem to be a legal dispute as to it being a motorized bicycle)

And a written story as to what happened if the judge cares to read it. (Not that the judge will but I'm prepared):

Officer Bellknap upon seeing me riding my motorized bicycle immediately stopped, turned around and raced up behind me in the bike lane. As he turned his lights and sirens on I immediately made a right hand turn into the Duncan Baptist Church parking lot. (Which is directly across the street from my house) As he approached me the first dialogue I recall was him saying, “I hope you weren’t flipping me off with that little hand signal.” I told him, “Of course not!. . . . . . . ” After explaining my situation to him and explaining that I was riding a motorized bicycle etc I waited patiently as he walked up to a van that had stopped to talk to him (Unsure the nature of the conversation). About 5-10 minutes later he then walked back towards me and we continued our conversation. The officer then walked back to his patrol car to sit down and start filling out paperwork. He said something to me but I could not hear him as I was about 10-15 feet away sitting in front of his patrol car. I started pushing my bike towards his patrol car to be in better hearing range intending to ask him to repeat himself and he immediately, very authoritatively ordered me, “Stay where you’re at.” So I backed up to my original position about 5 feet or so from his front bumper.

Once the officer was finished with his paperwork he approached me with a traffic citation for “Careless driving.” By this time our “conversation” had turned more into a debate you could say. I did not feel that I was being disrespectful but I was trying to explain to him the statutes associated with a motorized bicycle and that the citation he was applying to this incident carries a much heavier fine than what would be related to a violation associated with a motorized bicycle.

While we were “debating” ( I want to stress that although it was a debate I felt I was very respectful. I was more or less trying to explain to him the specifics of a motorized bicycle and how it wasn’t considered a motor vehicle) the officer told me to not interrupt him when he was talking. I replied, “I’m sorry. I wasn’t trying to interrupt you sir.” It seemed as though every time I tried to say something he interrupted me however. Officer Bellknap asked me several questions pertaining to the traffic stop and I felt that he would not allow me to reply and answer his questions without being interrupted. After he interrupted me several times I asked, “With all due respect sir, I’m trying to explain myself. You told me not to interrupt you and I would appreciate if you would show me the same consideration.” I soon realized this was the wrong thing to say. Although I did not mean it in a sarcastic way, I could tell he felt like I was challenging him.

He then ORDERED me to sign the ticket and was very rude. Officer Bellknap reached out with the clipboard for me to sign it and I attempted to put my left hand on it to stabilize it so as to sign the citation. As I tried to take grab his clipboard to sign the citation he ordered me to not touch his clipboard. It seemed to me at this point that he was being very unreasonable and was abusively demonstrating his authority. Although he had already been rude before, this was where I drew the line. I asked him if there was any way I could speak to his Sergeant. Hesitantly, Officer Bellknap requested that his Sergeant come to the scene of the traffic stop. Upon the Sergeant arriving he and myself respectfully discussed the situation and the officer who initially made the traffic stop wanted to continue arguing and interrupted his Sergeant and myself. His Sergeant authoritatively told him to be quiet and that he was dismissed. The officer insisted on staying and replied, “It’s ok. I’ll be quiet.” That was the last I remember Officer Bellknap and myself conversing.

His Sergeant agreed with him that a “careless driving” citation would be appropriate for what he referred to as “this violation.” Hearing this, although not the response I hoped for I realized there was no positive outcome in staying and debating my case any further. I had already looked up the statutes on my phone via my mobile internet to try to explain myself with no luck or consideration. I respectfully dismissed myself and wished the Sergeant a good night. I did not harbor any resentment towards the officers and feel that I did my best in respecting them. I did however feel very disrespected by Officer Bellknap.









Thoughts/suggestions?

Not guilty!!!! Thanks for the help Expertlaw!!!:D

Congrats :)