NYC's Motorcycle Checkpoints= where is the lube when I need it?

[lawlberg]

Nitro, I would have pitched a fit with ANY damage to the bike. It's in their possession and they're responsible for any and all damage incurred, especially the broken signal. WTF?

It's the NYPD, he's probably going to get a hospital bill for the scratches the plainclothes LEO without a helmet incurred when he dropped the bike.

 

[TownsendsFJR1300]

Speaking of check points, there has to a a written protocall if it is indeed a true "Check point" , supervisor on scene, Command center, procedures for arrests, "towing" vehicles (not a plain cloths person riding off), etc. Could be stopping every vehicle, every third vehicle, etc...

There may have been one, thus the back up, but agreed, it is not the correct charge and the whole thing was, IMO, very mismanaged.

Down here, for me to tow your car/bike, I have to have a reason, ie, arrested, impared, disabled, stolen, used in drug trafficing (police going after the title) etc.

To impound for NO reason what so ever, doesn't make sense...

 

[04fizzer]

Oh,and GET A LAWYER. Do not fight this on your own. I don't trust a NY judge any farther than I can throw him.

 

[TownsendsFJR1300]

Oh,and GET A LAWYER. Do not fight this on your own. I don't trust a NY judge any farther than I can throw him.

Probably not a bad investment to keep your record clean. Any decent lawyer worth a damn will beat it..

And write down NOW, all you can remember from what you were told on scene before you forget, its really, really important...

If everyone shows up, they'll be sworn in. Not that someone won't lie, however, for a friggin ticket, I wouldn't purger myself and loose any/all trust that judge would have in me as a PO for the rest of my career...

Just your drawing of how and what happened indicates its the wrong charge.

 

[nitroheadz28]

Nitro, I would have pitched a fit with ANY damage to the bike. It's in their possession and they're responsible for any and all damage incurred, especially the broken signal. WTF?

Problem is that the bike was parked in a very tight garage and I wasn't allowed to roll it outside to properly look it over. I looked it over as much as I could for big damage from a drop/ etc. and signed the release for it. Only when I got it outside in the sun did notice the little things. No biggie though, to fix it all maybe take a total of 30 mins.

Oh it was definitely a checkpoint. As I was rolling up to the end of the street I saw a few guys with their bikes parked up on the sidewalk hanging out. It was way too late by then. Like I said it was general gridlock and mayhem, Saturday night in north NYC so people everywhere. That was the cop's justification for the reckless driving summons. He said it didn't matter how slow I was going, a drunk person could've stumbled in front of me and it could've turned into a major incident

Sigh lol.

 

[FB400]

nitroheadz28 -
I see quite a bit of discussion on this already and I am late to the show. I haven't had time to read much of this thread, just a few posts, if that.

My story:
I encountered a motorcycle checkpoint on Long Island in Summer 2010 on Sagtikos parkway headed south right before the Robert Moses causeway bridge. This was a huge operation and I will say the only people having a problem were "those" guys who were dressed in wife beaters, shorts, sneakers and oh yeah the novelty helmets with white trash stickers on them. I'll also mention the passengers wearing sandals... eeekk cringe.. so dangerous. You should have heard the whining, LOL. like a group of little sissy girls accepting no accountability for their actions. Me and SD Willie roll in, full gear, full faced helmets, my new Leo Vince exhaust was installed just 3 days prior - without baffles (I had to run the bike at 4k rpm for monitor of sound level- loud and rowdy sounding!!.. I was about to crap my pants... but NO problem). Even though it worked out OK for us, let me tell you I was then and am still PISSED!! IMO, the motorcycle only checkpoints are a violation of 4th amendment rights.

Sorry to blather on there about something separate from your situation.
Here's the action I took almost immediately
1. Joined Twitter and signed up for the feed to alert on checkpoints. Nymstf.org (Cmantis mentioned this several pages ago)
2. I stay out of NYC whenever possible - especially with that severe incident in NYC last September.. that was a bad day for motorcyclists everywhere. sport bike owners in particular were given a lasting bad reputation. I still feel the effect of that.. those F'ing douchebags involved in that incident,IMO, ruined it for every responsible rider out there.

I feel very sorry for you and your situation- what NYPD is doing is very unfair. The AMA has made significant efforts to try and have federal funding for Motorcycle only checkpoints repealed and thus far their efforts have been unsuccessful in doing so. I am glad you got your bike back without a hassle and in good shape. As Scott mentions your driving record is still at risk, however unfair. I would do all you can to try and mitigate any lasting damage to your driving record. Thinking you need this incident behind you completely without any severe reminder of it with a scar on your DMV record. Good luck
Peace..Tom

 

[NYMSTF Brad]

Two things... Well, three actually.

1. Hi, I'm Brad from the NYMSTF. Someone in the NYC Commuters thread on ADVrider.com posted a link about this mess so I wandered over to check it out. And for what it's worth, that Checkpoint Alert System, I'm the one who created it and runs it. {deep bow}

2. Yeah, the Checkpoint Alert System. I suggest everyone in NYC subscribes to it and at the very least, knows how to contribute to it. It's really, really easy to contribute. Just remember the first word needs to be CHECKPOINT. And it's almost as easy to subscribe. Follow the link, read and enjoy.

3. This thing about vouchering and no-point violation pink slips all sounds very fishy to me. I'd love to see pictures of these forms and my attorney may be interested as well. We're going ahead with a class action against the NYPD for these checkpoints. Anyone who has been stopped here for one of these checkpoints for no reason at all is definitely a class member. This may be eligible as well. Drop me a line, brad dot berson at nymstf org, and let me know what happened and what you have to show for it.

Brad

 

[SirIsaac]

Way above I mentioned "stop and frisk" in a post. That was kind of tongue in cheek, but the more I read and the more I think about it, the more this looks like “stop and frisk” for motorcycles. I don’t follow NYC too closely, but I seem to recall the new mayor ending “stop and frisk” with great fanfare, saying how it violated citizens’ rights and he would not do that anymore. That program's purpose was to stop and hassle those who were deemed as potential trouble-makers. In the minds of the people who thought stopping and frisking random people (random if they fit the “profile”) would probably also classify motorcycle riders as potential trouble-makers. So how best to intimidate and hassle them: set up "motorcycle safety" check points arranged so that an officer can easily find a moving violation which then required that the motorcycle be impounded for a day. Nothing deflates a potential trouble making rider's potential for trouble making more than taking away his or her bike. I guess the mayor doesn’t care if “some people” still get stopped and frisked, as long as the national media or other opinion-makers don’t give a crap about that particular group. Or am I being overly sensitive?

Edit - I went and looked at the NYMSTF web site - they already called it motorcycle stop and frisk, so not a new insight on my part.

 

[nitroheadz28]

I feel very sorry for you and your situation- what NYPD is doing is very unfair. The AMA has made significant efforts to try and have federal funding for Motorcycle only checkpoints repealed and thus far their efforts have been unsuccessful in doing so. I am glad you got your bike back without a hassle and in good shape. As Scott mentions your driving record is still at risk, however unfair. I would do all you can to try and mitigate any lasting damage to your driving record. Thinking you need this incident behind you completely without any severe reminder of it with a scar on your DMV record. Good luck
Peace..Tom

I also rolled up in full face/ jacket/ gloves while the types of bikers you'd have seen in that range rover video were out in wifebeaters everywhere . I agree with regards to the record as well. In response I signed a petition the AMA has on it's site regarding checkpoints.

Two things... Well, three actually.

1. Hi, I'm Brad from the NYMSTF. Someone in the NYC Commuters thread on ADVrider.com posted a link about this mess so I wandered over to check it out. And for what it's worth, that Checkpoint Alert System, I'm the one who created it and runs it. {deep bow}

2. Yeah, the Checkpoint Alert System. I suggest everyone in NYC subscribes to it and at the very least, knows how to contribute to it. It's really, really easy to contribute. Just remember the first word needs to be CHECKPOINT. And it's almost as easy to subscribe. Follow the link, read and enjoy.

3. This thing about vouchering and no-point violation pink slips all sounds very fishy to me. I'd love to see pictures of these forms and my attorney may be interested as well. We're going ahead with a class action against the NYPD for these checkpoints. Anyone who has been stopped here for one of these checkpoints for no reason at all is definitely a class member. This may be eligible as well. Drop me a line, brad dot berson at nymstf org, and let me know what happened and what you have to show for it.

Brad

Hi Brad, I appreciate you taking the time to post here. Thank you for taking the initiative on the alert system and I will definitely subscribe! :thumbup:

Thank you sir I'll reach out to you shortly!

 

[NYMSTF Brad]

this is a motorcycle "safety" checkpoint and because I committed a moving violation, my bike is being "Vouchered" and I'm receiving a reckless driving summons without points (The pink slip). :spank:

Some more stuff really worries me here, aside of this whole "vouchering" thing and it begins with the simple fact that it is not illegal for cops to tell incredible lies. In this case the lie is being told probably to make you complacent while your rights are being flushed down the toilet.

The pink slip you got was indeed a reckless driving summons, to be adjudicated in criminal court, for violation of Section 1212 of the New York Vehicle & Traffic Law. First of all, this is a FIVE POINT summons if you are convicted. It's not up to the cop*. But that's not the end of it. If you are convicted you can end up with a criminal record as well as expensive fines and possibly even jail time because reckless driving in NY is a misdemeanor crime. And then there's the insurance company surcharges too if you're convicted.

The only good news is that this is adjudicated in a real court where you can plea-bargain and even get a jury trial, instead of NYC's clown (administrative) court, notorious for its utterly arbitrary decisions and where plea-bargaining is not available.

* If the cop allows a plea-bargain to a lesser charge, then the outcome could possibly be a plea-bargain to a different non-criminal and possibly even no-point charge. Of course you could still end up paying a fine and court fees, and still be out a day of income even if you're found not guilty. And lawyer's fees, if you choose to get a mouthpiece.

 

[TownsendsFJR1300]

That's a very good point re the jury trial (and reckless driving is a criminal, misd offense down here too).

Get a jury of NYers that have been thru that, good luck in a conviction.

As posted earlier, IMO, your violation SHOULD have been improper lane usage (filtering), or whatver is on the books up there, a civil infraction but still a moving violation (points).

I suspect you probably have traffic school (a joke you sit thru) which keeps those points off your license..

 

[nitroheadz28]

A little update, my court date is the 26th (Next Tuesday). I decided that I'll head into my first appearance and try to get a court appointed attorney. Worst case if they don't give me one I'll postpone until I can get one.

I never heard back from:

Two things... Well, three actually.

1. Hi, I'm Brad from the NYMSTF. Someone in the NYC Commuters thread on ADVrider.com posted a link about this mess so I wandered over to check it out. And for what it's worth, that Checkpoint Alert System, I'm the one who created it and runs it. {deep bow}

2. Yeah, the Checkpoint Alert System. I suggest everyone in NYC subscribes to it and at the very least, knows how to contribute to it. It's really, really easy to contribute. Just remember the first word needs to be CHECKPOINT. And it's almost as easy to subscribe. Follow the link, read and enjoy.

3. This thing about vouchering and no-point violation pink slips all sounds very fishy to me. I'd love to see pictures of these forms and my attorney may be interested as well. We're going ahead with a class action against the NYPD for these checkpoints. Anyone who has been stopped here for one of these checkpoints for no reason at all is definitely a class member. This may be eligible as well. Drop me a line, brad dot berson at nymstf org, and let me know what happened and what you have to show for it.

Brad

I suppose this case didn't fit their criteria. Ah well, lets see how it goes

 

[NYMSTF Brad]

Good luck and keep us posted.

 

[nitroheadz28]

So I went into my hearing without a lawyer. I got called up and the public defender or whatever they're called tells me what I'm being charged with. He says the judge is offering a $100 fine and a no point non moving violation.

I took it, surprisingly no court costs or anything like that either. It was actually an interesting experience seeing how the system works, the court building had some sweet architecture too. I pretty much paid $100 for a guided tour haha.

Glad that its over.

 

[PosterFZ6]

So I went into my hearing without a lawyer. I got called up and the public defender or whatever they're called tells me what I'm being charged with. He says the judge is offering a $100 fine and a no point non moving violation.

I took it, surprisingly no court costs or anything like that either. It was actually an interesting experience seeing how the system works, the court building had some sweet architecture too. I pretty much paid $100 for a guided tour haha.

Glad that its over.

Reading this whole ordeal I am glad i have moved out to NJ. NYC begins to stink so it seems.

I will be moving to Killadelphia soon, I have been told that the 5-O is pretty relaxed about motorcycle stuff down there.

It seems to me that all of this motorcycle checkpoint bullcrap started after that motorcycle "gang" and SUV attack etc happened awhile ago.

 

[payneib]

Sounds like the judges are getting bored of the police led "crack down" to me, just from that.

 

[TownsendsFJR1300]

So I went into my hearing without a lawyer. I got called up and the public defender or whatever they're called tells me what I'm being charged with. He says the judge is offering a $100 fine and a no point non moving violation.

I took it, surprisingly no court costs or anything like that either. It was actually an interesting experience seeing how the system works, the court building had some sweet architecture too. I pretty much paid $100 for a guided tour haha.

Glad that its over.

Glad it worked out for you. That was not the public defender (he'd be on your side), he was the Prosecutor for the state.

Was your officer there?

 

[nitroheadz28]

Glad it worked out for you. That was not the public defender (he'd be on your side), he was the Prosecutor for the state.

Was your officer there?

I gotcha, there were 3 cops sitting on the bench up front. One of which looked like the one who gave me the ticket, but I wasn't sure. None of them responded to my case so I guess not.

 

[TownsendsFJR1300]

I gotcha, there were 3 cops sitting on the bench up front. One of which looked like the one who gave me the ticket, but I wasn't sure. None of them responded to my case so I guess not.

Just curious. Generally, until they call you case for trial, they won't step up..

No points and No school... :thumbup:

 

[nitroheadz28]

Just curious. Generally, until they call you case for trial, they won't step up..

No points and No school... :thumbup:

The thing that sucks is that I've been driving for 6 years now with a clean record except for one not at fault accident. Next time I get a ticket I probably wont be so lucky, and riding in downstate NY its only a matter of time

Still I got off easy, a private lawyer could've ran me $300-1000, and I'm still surprised that I got off just paying $100. Good deal.