Biker rights card
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Biker rights card - 3/21/2008 7:58:29 PM
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Nomad X
Posts: 1333
Joined: 2/16/2008
From: Central FL - for now
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Years ago at a MC clubhouse,a old biker was handing these cards out,just in case. I still carry one right beside my license.
How many of you remember these?
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RE: Biker rights card - 3/21/2008 8:11:38 PM
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Cool Breeze
Posts: 1052
Joined: 5/27/2005
From: Central GA
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I remember my Dad showing my Grandpa a card when I was a kid. He got it from a fellow biker while we lived in Ohio and my Grandpa was reading it and it sounded like something a Cop would say. It was a long time ago, mid 60's as I was about 7 or 8 yrs old. Funny thing, they were laughing about it...Guess I'll have to ask him about it.
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01 FXDX/T Superglide
CVMA Georgia Chapter Veterans Helping Veterans
Patriot Guard Rider
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RE: Biker rights card - 3/21/2008 8:51:08 PM
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Nomad X
Posts: 1333
Joined: 2/16/2008
From: Central FL - for now
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Ha! I found my thread.
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RE: Biker rights card - 3/22/2008 9:26:05 AM
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Nomad X
Posts: 1333
Joined: 2/16/2008
From: Central FL - for now
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Nothing like a little bump!
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RE: Biker rights card - 3/23/2008 7:43:42 AM
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wydopn231
Posts: 700
Joined: 4/10/2007
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sounds like damn good sticker to put above your tag also.
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RE: Biker rights card - 3/24/2008 8:15:48 AM
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chiabate
Posts: 3443
Joined: 10/26/2006
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Above the tag would be a bit hard to read. Attached to your DL or Proof of Insurance card would be suggested. Does NCOM have 'em available?
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Doing my part to preserve Freedom of the Road, are you?
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RE: Biker rights card - 3/31/2008 9:20:53 PM
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Wireguided
Posts: 173
Joined: 2/17/2008
From: Calgary, Canada
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Same rules up here in canada as well.
Ill post it below for any Canadians who wonder this.
Your Rights Under the Canadian Charter of Rights
Section 2 of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS,
our Constitution reads as follows:
2. Everyone has the following fundamental freedoms
(a) Freedom of conscience and religion;
(b) Freedom of thought, belief, opinion and expression,
including freedom of the press and other media of
communication; (c) Freedom of peaceful assembly; and
(d) Freedom of association
Section 24 (1) of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS,
reads as follows:
24. (1) Anyone whose rights or freedoms, as guaranteed by this charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy, as the court considers appropriate and just in the circumstances.
Asserting Your Rights Traffic stops:
1. You only are required to give documentation for the vehicle and your driver's license nothing else.
2. You are not required to give any other information or answer any questions without consulting your lawyer.
3. Your vehicle cannot be searched without probable cause and you do not have to consent to any type of search.
4. If you have been arrested or detained you do not have to consent to any impoundment of your property and have the right to secure your property.
5. If you have not been told you are being detained and given a reason for this you have the right to leave.
Being Stopped on the Street by Police
If you are stopped by police outside your home or your car and you are not doing anything contrary to law, you are under No legal obligation to:
1. answer any questions as to your name and address, or
2. justify why you are where you are, or
3. produce identification or prove means of supporting yourself, or
4. go with police for further investigation or questioning UNLESS you are placed under arrest.
See Section 7 of the Charter of Rights, s 7: "Everyone has the right to life, liberty, and security of the person..."
CRIMINAL LAW - OBSTRUCT POLICE.
CRIMINAL PROCEDURE - IDENTITY - Duty to identify self.
R. v. Legault (1998) B.C.J. No. 1309, ADGN/98-970
British Columbia Supreme Court, Lamperson J. May 25, 1998
absent some provision to the contrary, a person must only identify himself or herself to a police officer, if that police officer is in a position to arrest that person or issue some form of summons to him/her. Otherwise there is no general duty to identify oneself to a police officer. Charge of obstuction reversed..
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2008 Dyna Super Glide Custom
..........And Stuff
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RE: Biker rights card - 4/3/2008 8:36:28 AM
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chiabate
Posts: 3443
Joined: 10/26/2006
Status: offline
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As in most of the states here, similar rights. But trying them out on some of the overzealous (City of Chicago comes to mind) LEO's could bring more hassle. For this reason alone, the printed card is a valuable asset. Anyone check into availability? NCOM? Mike Hupy?
_____________________________
Doing my part to preserve Freedom of the Road, are you?
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RE: Biker rights card - 4/3/2008 9:24:09 PM
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grubby
Posts: 493
Joined: 12/24/2007
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would not mind one of those myself may print one up and laminate it
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RE: Biker rights card - 4/3/2008 9:59:38 PM
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CSI Topeka
Posts: 5271
Joined: 6/5/2006
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As a LEO, I fully agree with the card in it's entirety. You do in fact have all those rights, with ONE exception. If you are taken into custody, your consent as to whether or not your scoot is impounded is not required. I will nearly ALWAYS give an arrested driver the opportunity to either have their vehicle legally parked, OR driven away by a licensed operator, PROVIDED that vehicle is legally tagged and insured. If it is NOT, then it won't be driven away by ANYBODY, and it WON'T remain on a City street. That leaves option three: Tow Truck.
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RE: Biker rights card - 4/4/2008 11:05:38 AM
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Yellotang
Posts: 3150
Joined: 4/24/2006
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quote:
ORIGINAL: CSI Topeka
As a LEO, I fully agree with the card in it's entirety. You do in fact have all those rights, with ONE exception. If you are taken into custody, your consent as to whether or not your scoot is impounded is not required. I will nearly ALWAYS give an arrested driver the opportunity to either have their vehicle legally parked, OR driven away by a licensed operator, PROVIDED that vehicle is legally tagged and insured. If it is NOT, then it won't be driven away by ANYBODY, and it WON'T remain on a City street. That leaves option three: Tow Truck.
Thank you for your response!!!
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RE: Biker rights card - 4/4/2008 11:33:03 AM
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chiabate
Posts: 3443
Joined: 10/26/2006
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Wouldn't that unnecessarily consume the one phone call otherwise needed? Between corrupt towing firms (ever hear of the Lincoln Park Bandits song by Steve Goodman?) and socially ignorant impoundment personnel, that scenario (#3) would cause many to do actions they otherwise wouldn't.
_____________________________
Doing my part to preserve Freedom of the Road, are you?
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RE: Biker rights card - 4/5/2008 8:31:52 AM
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DannyZ71
Posts: 1211
Joined: 6/9/2007
From: Tulsa, Oklahoma
Status: offline
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quote:
ORIGINAL: CSI Topeka
As a LEO, I fully agree with the card in it's entirety. You do in fact have all those rights, with ONE exception. If you are taken into custody, your consent as to whether or not your scoot is impounded is not required. I will nearly ALWAYS give an arrested driver the opportunity to either have their vehicle legally parked, OR driven away by a licensed operator, PROVIDED that vehicle is legally tagged and insured. If it is NOT, then it won't be driven away by ANYBODY, and it WON'T remain on a City street. That leaves option three: Tow Truck.
As a recently former LEO, I agree. Except, if you are on private property, you have the right to request the bike (or other vehicle) remain there and not be impounded. (the property owner can have it towed if they don't want it on their property)
The only exception to this is if the vehicle is to be held as evidence. Now if it's on the street, it can and will be impounded in just about every case, but the department and whoever tows it will assume some liability if it's damaged.
It may also depend on the locality and their ordinances/statutes.
< Message edited by DannyZ71 -- 4/5/2008 8:44:49 AM >
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RE: Biker rights card - 4/5/2008 8:45:52 AM
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66cruiser
Posts: 138
Joined: 2/28/2008
From: SW OREGON
Status: offline
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I'm not sure, but I think that card is outdated. Better re-check the 'Patriot' Act.
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'06 FXDBI
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RE: Biker rights card - 4/5/2008 9:04:04 AM
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DannyZ71
Posts: 1211
Joined: 6/9/2007
From: Tulsa, Oklahoma
Status: offline
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quote:
ORIGINAL: 66cruiser
I'm not sure, but I think that card is outdated. Better re-check the 'Patriot' Act.
LOL
That would be where you combine this thread with the "No Colors" thread. It's gettin' difficult to have fun these days.
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RE: Biker rights card - 4/8/2008 7:35:38 PM
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Rbohno
Posts: 121
Joined: 5/9/2006
From: Iron Station,NC
Status: offline
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quote:
ORIGINAL: DannyZ71
quote:
ORIGINAL: CSI Topeka
As a LEO, I fully agree with the card in it's entirety. You do in fact have all those rights, with ONE exception. If you are taken into custody, your consent as to whether or not your scoot is impounded is not required. I will nearly ALWAYS give an arrested driver the opportunity to either have their vehicle legally parked, OR driven away by a licensed operator, PROVIDED that vehicle is legally tagged and insured. If it is NOT, then it won't be driven away by ANYBODY, and it WON'T remain on a City street. That leaves option three: Tow Truck.
As a recently former LEO, I agree. Except, if you are on private property, you have the right to request the bike (or other vehicle) remain there and not be impounded. (the property owner can have it towed if they don't want it on their property)
The only exception to this is if the vehicle is to be held as evidence. Now if it's on the street, it can and will be impounded in just about every case, but the department and whoever tows it will assume some liability if it's damaged.
It may also depend on the locality and their ordinances/statutes.
I think most of our "definition" of private property and the legal systems "definition" in most cases are different. Example: A convience store parking lot is private property in my eyes because it is privately owned. Wrong: If it has public access it is concidered public property.
A good friend of mine found out about this the hard way when he had too much to drink and pulled over in a department stores parking lot after hours and went to sleep( winter - motor running for heat to work ). Local LEO pulls in and takes him in for DWI because the car was running/keys in the ignition.
Another bit of info if you ever fing yourself in the unfortunate situation where you realize you shouldn't be driving pull over and "take the keys OUT of the Ingition" and you can't be considered DWI.
_____________________________
Keep the Wind in your face, tits against your back and the rubber on the road.
2008 FLHX
exhaust
a/cleaner
stage I
2006 Big Dog Mastiff (SOLD :( had to laid off in February)
117" S&S
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RE: Biker rights card - 4/9/2008 9:01:07 AM
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Yellotang
Posts: 3150
Joined: 4/24/2006
Status: offline
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quote:
ORIGINAL: Rbohno
quote:
ORIGINAL: DannyZ71
quote:
ORIGINAL: CSI Topeka
As a LEO, I fully agree with the card in it's entirety. You do in fact have all those rights, with ONE exception. If you are taken into custody, your consent as to whether or not your scoot is impounded is not required. I will nearly ALWAYS give an arrested driver the opportunity to either have their vehicle legally parked, OR driven away by a licensed operator, PROVIDED that vehicle is legally tagged and insured. If it is NOT, then it won't be driven away by ANYBODY, and it WON'T remain on a City street. That leaves option three: Tow Truck.
As a recently former LEO, I agree. Except, if you are on private property, you have the right to request the bike (or other vehicle) remain there and not be impounded. (the property owner can have it towed if they don't want it on their property)
The only exception to this is if the vehicle is to be held as evidence. Now if it's on the street, it can and will be impounded in just about every case, but the department and whoever tows it will assume some liability if it's damaged.
It may also depend on the locality and their ordinances/statutes.
I think most of our "definition" of private property and the legal systems "definition" in most cases are different. Example: A convience store parking lot is private property in my eyes because it is privately owned. Wrong: If it has public access it is concidered public property.
A good friend of mine found out about this the hard way when he had too much to drink and pulled over in a department stores parking lot after hours and went to sleep( winter - motor running for heat to work ). Local LEO pulls in and takes him in for DWI because the car was running/keys in the ignition.
Another bit of info if you ever fing yourself in the unfortunate situation where you realize you shouldn't be driving pull over and "take the keys OUT of the Ingition" and you can't be considered DWI.
I know in Europe. IE Germany, if you pull over and your drunk, you have to take the keys out of the ignition and get rid of them somehow so that you don't have access to the keys. Then they will not bust you for DWI.
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RE: Biker rights card - 5/28/2008 2:42:11 AM
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Hawg295
Posts: 181
Joined: 5/26/2008
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I wish everyone would of had one of those before I retired. Then all I would have had to say is, "do you understand your rights, as you have read them to yourself." LOL
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RE: Biker rights card - 5/28/2008 6:43:12 AM
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Bossman1
Posts: 873
Joined: 5/11/2007
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Run Forrest run!!!!!!!!!!!!!!!!
BOSSMAN
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Life,liberty, happiness and the pursuit of those who would challenge that.
07 DELUXE
V&H big sucker
V&H long shots
Cobra DFO
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RE: Biker rights card - 6/2/2008 7:53:22 AM
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sprayandpray
Posts: 222
Joined: 3/24/2008
From: The Bay of Green, Wisconsin
Status: offline
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quote:
ORIGINAL: CSI Topeka
As a LEO, I fully agree with the card in it's entirety. You do in fact have all those rights, with ONE exception. If you are taken into custody, your consent as to whether or not your scoot is impounded is not required. I will nearly ALWAYS give an arrested driver the opportunity to either have their vehicle legally parked, OR driven away by a licensed operator, PROVIDED that vehicle is legally tagged and insured. If it is NOT, then it won't be driven away by ANYBODY, and it WON'T remain on a City street. That leaves option three: Tow Truck.
Option 4
And that is why I always pull unregistered vehicles on private property before stopping. ( assuming i was not on the interstate.)
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"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson
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