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The Rider formerly known as Rune312
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Discussion Starter #1
I know that there are more than a few rune riders who have some expertise with traffic tickets and I am seeking answers, suggestions or help with my problem. On my last night at MB (Friday), I was heading back to my motel and I could see that there was a bike behind me and shortly after that the bike lit up --Police. I had no clue as to what I could have done wrong since I wasn't speeding and I had stopped for the last stop sign. The cop asked me if I knew what I was being pulled over for and I had no clue. He explained that it was for littering as I always smoke while riding and he saw me flip the butt off my bike. He said he would be right back as he was going to write a citation. He then presented me with that citation for FOUR HUNDRED AND SEVENTY DOLLARS!!!!!! I am from PA and really do not want to pay this totally assinine fee. Can anybody offer constructive advice from personal experience or general knowledge as to what they would do?? Am I stuck with biting the bullet or is there a way out?? Thanks!! :cop2::cus::mad1:
 

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littering

WOW...Here in Fl.we have the same law...F.S.S. 403.413... throwing a lit cigarette is a violation...With that said you will have to fight it by showing up...All if not most new cars have NO ashtray so those people are forced to throw the butts out the window and there is the problem. You are in violation of the law however your defense can be there is no ashtray. Sorry if this does not help. I have never seen anyone charge with that in Fl. Try researching the MB area and see if that ticket has been written before. If they have a history of writing for this you will lose, but if you are the first or if there are very few and they were on bikes this could also be your defense that motorcycles are/were picked out just to rid the town of mcy ???
 

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Iron Butt
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Sounds excessive

:eek:4:Holy Crap!

That sounds excessive for a cigerette, but it is within their laws and fine limits. :shock:

I have no experience with this, but did look up their Municipal code

Littering is punishable as a misdemeanor under Section 1.9

Sec. 1-9. General penalty; continuing violations; abatement of prohibited conditions.
(a) Whenever in this Code or in any ordinance or resolution of the city council or in any rule, regulation or order promulgated by any officer or agency of the city under authority duly vested in him or if any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required, or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance, resolution, rule, regulation or order shall be punished by a fine not exceeding $500.00 or by imprisonment for a term not exceeding 30 days, or both, in the discretion of the judge of the municipal court. Each day any violation of any provision of this Code or of any such ordinance, resolution, rule, regulation or order shall continue shall constitute a separate offense.
I believe they are betting you can't come back to plea this in court. That SUCKS
 

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I am not a lawyer, but this may be worth a shot. Some counties and cities in Indiana have pretrial deferment programs for moving violations and the City of Myrtle Beach may have a similar program for nonmoving violations. In a nutshell, the Indiana program works as follows:
1) The court clerk agrees to permit pretrial deferment (based on past record)
2) Violator pays an administrative fee (generally less than the fee assessed for the violation)
3) After a period of time (6 months or so) the original charge is dropped if the person does not commit an additional violation.
4) If the person commits another similar violation, he or she is charged with both.

Good Luck!
 

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The Rider formerly known as Rune312
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Discussion Starter #5
I appreciate your responses. Does anybody know what will happen if I simply do not pay it. I will never be going back to MB again so that's no problem.
 

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Not Paying the Citation

While I'm not an attorney, I've used one enough to know that they are my first point of contact for legal advice. If I received a citation with a fine that large I would contact an attorney in MB and for a nominal consultation find out what happens if you ignore the citation and are found guilty. In some states they just keep increasing the fine and you are at risk if you are ever back in the jurisdiction and get stopped.

A friend of mine, confronted with an out of state speeding ticket engaged a local (to the area of the citation) attorney who had the charge dismissed for a nominal < $150 fee.
 

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ticket

The Saint did have good advise...When the country went to CDL all the states signed a reciprocating clause, meaning that one state would enforce the laws of another...ie S.C. may call PA. and tell them to suspend your D/L...just food for thought....steve
 

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Swamp Rat
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Discarding a lit cigarette, in many jurisdictional codes, is viewed
as creating a “public hazard”. The simplest way to resolve this is
to bite the bullet and mail in a check.
 

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Hey Bob,

Sorry to hear about your ticket....that sucks!! I am not sure what to tell you, but I hope you get out of it.
 

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Premium Member
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Bob,

Can't help ya now but you might pick-up some pointers from this guy next time you've got a :cop2: on your @ss :p


 

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The MB police have been instructed to get rid of motorcycles. One question is, are the judges backing MB police actions. I would check with some local attorneys and see if the judges are backing up the police in court and the resulting actions if you do not pay the fine.
 

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SOME STATES HAVE ON THE BACK OF THE TICKET " TRIAL BY DECLARATION" THIS MEANS YOU CAN PLEAD YOUR CASE BY LETTER . SOMETIMES IT WORKS AND SOMETIMES IT DOESN'T


THIS WILL BE YOUR BEST RECOMMEDATION OUT OF ALL OF THEM HERE ON THIS BOARD


" STOP FN SMOKING" :cop2:
 

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The Rider formerly known as Rune312
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Discussion Starter #14
Decision

I've decided what course of action that I'm taking with my present from Myrtle Beach and that action is no action. I was able to contact a biker attorney in SC and he advised me that when my trial date comes up and I haven't sent them the money they need for their coffers they will issue a bench warrant for my arrest. He said that it is highly improbable that a ticket for loitering will follow me to PA but that if I am ever in SC and get pulled over for anything then I will be arrested on the spot. This is all OK and I can live with that. I now truly understand why there are many bikers in MB with "FUMB" on their shirts. Thanks for all your input!:cop2:
 

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hgslayr;...better just suck it up and pay it...
I agree with that; having even a minor warrant out will land you in jail in many municipalities. Now in use all over: plate reading software that scans license plates looking for warrants from a moving LEO...
 
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