Personal Injury Law

Well here we go; State Legislatures are now going after Stunt Riding Sport Motorcycle Riders; The Problem is that all Bikers and Motorcyclist could be Dinged by New Laws!

By Norman Gregory Fernandez, Esq.

The State of Florida has proposed a new law HB137 2008, which is geared specifically towards bikers and motorcyclist. I will call it the Florida Reckless Motorcycle Law.

The gist of the new law is that if a law enforcement officer charges a person with reckless driving, or driving 30mph over the speed limit, and who was riding a motorcycle at the time, the officer must arrest the rider, take him or her into custody, and seize the motorcycle, which will be subject to forfeiture under Florida's Contraband Forfeiture Act. You can read the proposed new law by clicking here.

If that person is convicted under the new law, the Court SHALL order the Department of Motor Vehicles to revoke their motorcycle endorsement. This specifically means that the person will no longer legally be able to ride a motorcycle in the State of Florida.

If you have read my Biker Law Blog for some time you will have heard my calls for the guys who are doing stunts on public roads and highways to cease and desist because they would screw it up for the rest of us. I have also called for other bikers and motorcyclist to put peer pressure on the guys that are doing the stunts on public roads. Now it appears that State Legislatures will start trying to do it for us.

I am against the State of Florida’s HB137 2008 because it puts too much discretion into law enforcements hands with respect to being required to arrest bikers and motorcyclist who are allegedly doing 30mph over the speed limit, or riding recklessly. Furthermore the provision that allows law enforcement to seize the motorcycle and sell it smacks of another government scam to obtain revenue by selling seized motorcycles without first having to prove beyond a reasonable doubt that the person riding the motorcycle committed a crime. Civil seizure statutes require a different burden of proof than convicting persons of a crime.

You mark my words, if this law passes, you will see bikers and motorcyclist of all types be rousted by law enforcement, losing their motorcycles, and their motorcycle endorsements. This law is another way for law enforcement to discriminate against bikers and motorcyclist.

I am calling all Floridians to contact their legislature and put and end to HB137 2008 because it is discriminatory against bikers and motorcyclist.

If Florida wants such a law, it should be applicable to persons driving any motor vehicle, not just motorcycles, and then maybe the law might be fair if you want to live in a State that can just seize your property on an allegation by law enforcement.

What is wrong with Florida? Recently a city in Florida tried to outright ban motorcycles, but it did not pass.

It is time for us bikers and motorcyclist to start really coming down on the idiots that are doing stunts on public roads with their sport motorcycles, because they are now bringing down heat on all of us.

It is also time for us bikers and motorcyclist to stand up for our rights before they are taken away from us forever!

By Norman Gregory Fernandez, Esq., © 2007

Full post as published by Biker Law Blog on December 03, 2007 (boomark / email).