Footpeg Warning - GA Statute 40-6-314(a)?

[GeorgiaRoller]

Ok Peeps...here's the Dealio!
I called a motorcycle lawyer & the GA DMV.

1. Lawyer says there is no law against riding with your feet off the pegs in Georgia (see below)
2. A warning does not go on your driving record (see below)

Point #1.....

I appreciate the ACTUAL research and fact-based approach you've been going. It's a rare case in forums where's it's often easier and more entertaining to devolve into rhetoric, opinion, piling on, and thread drifting. I just wanted to note this particular thread seems to doing a decent job at keeping close to the OP and not drifting off to other states or issue discussion. Thanks.

Thanks. My whole point of this thread was to find out if this warning was valid or not & to make sure I fully understood the riding laws in my State.

 

[hppants]

POINT #2

"A written warning does NOT go on your driving record in Georgia. But it does stay in the system for police officers and if you get pulled over again another officer can access that information"

I was not sure of this (officer can see warnings and use it in discretion for future proceedings). I called a couple of Popo rider friends and she doggie, Pants learns something new every day. I stand corrected on this technicality from my previous post.

 

[08FJR4ME]

Iggy, Do we all get Gold Stars for behaving?

GR, I certainly hope you have a talk with the offending officers supervisors of his misinterpretations of the law or at least email them with the circumstances. Be carfull out there you are now on record and it will be held against you.

Good luck,

Dave

 

[Chuck35]

A year or so back (in Ga.) I got nailed on radar cresting a hill. The officer was kind enough to let me go with a warning. I was given no paperwork.

Would this show up in a future inquiry?

 

[HotRodZilla]

OMFG...I was avoiding this thread. Trying to correct some of the stupidity running around here is impossible so I figure it's better to avoid the frustration. However, after the BS gets too deep, I can't take it anymore. So, here's what happened and here's how to fix it:

I would bet the GA statute used to make some reference to the rider being required to use the pegs. During the traffic block of that guy's academy, a couple senior guys were used to teach. One of them mentioned writing citations for people hanging off their bikes, or what was said was misinterpreted and resulted in that guy pulling you over and having to look up a statute.

For all any of us know, that guy might have an old statute book in his sub station that still has that provision. I found one the other day from 1997. It has laws that are still applicable and some that are no longer valid. It is also missing a lot of new stuff.

To fix this, you should call and ask to speak to the patrol Captain or Major, depending on their command structure. Tell him what happened and what the warning was written for. Tell him you did some research and think that statute was applied incorrectly. Give the officer's name or don't, but if you do, be sure to be honest. I'd bet there's video of the stop.

You can give him your name. You will not be logged into some secret database where all cops in GA will start looking for reasons to cite or harass you. No one will hold it against you. Ninjas will not go to your house and try to send you to the underworld. It's not fucking magic. Cops know we sometimes make mistakes, and most would rather hear from a reasonable person like you instead of all the paranoid chicken littles around here that have an agenda. My bet is, he puts out a memo or email, or tells his first line supervisors to address the correct application of the statute.

Don't stress the warning. It goes NOWHERE. I have never seen a database for issued warnings for other cops to look up. 99% of the time we don't care anyway. I decided I was gonna cite you when I turned on my lights. This is not magic either. The attorney you spoke with was partly right, but most attorneys don't know statute books better than anyone else. And they have NO IDEA how citations and warnings are handled.

If I issue a warning, many times I tell the recipient the warning will shown up for 90 days, so please slow down, use your blinker, wear your seat belt, pay attention. In reality, someone can have 300 warnings in their glovebox and neither me nor anyone else would know. The story about dismissed citations showing up on a driving record is a lie. Hell, sometimes convictions don't show up. That isn't magic either.

If any of you knew what it takes to get driver information entered into NCIC, you would understand how ludricious it is to think a department is paying fulltime staff to sit around and enter warnings into the system. The idea that officers have some secret language we write down on peoples' insurance or registration cards is also blatantly untrue and was probably seen on TV.

I have never seen that and I called two of my friends on the NYPD today just to be sure. Wanna know their answer: "Where the **** did you hear that stupid shit? That's hilarious." When I told them, they each laughed. But thanks for reminding me to call them. It had been around 6 months since we last spoke.

Some of you guys gotta dial back the paranoia. I seriously don't know how you function outside your living rooms. Sheesh.

 

[PhilJet09]

OMFG...I was avoiding this thread. Trying to correct some of the stupidity running around here is impossible so I figure it's better to avoid the frustration. However, after the BS gets too deep, I can't take it anymore. So, here's what happened and here's how to fix it:I would bet the GA statute used to make some reference to the rider being required to use the pegs. During the traffic block of that guy's academy, a couple senior guys were used to teach. One of them mentioned writing citations for people hanging off their bikes, or what was said was misinterpreted and resulted in that guy pulling you over and having to look up a statute.

For all any of us know, that guy might have an old statute book in his sub station that still has that provision. I found one the other day from 1997. It has laws that are still applicable and some that are no longer valid. It is also missing a lot of new stuff.

To fix this, you should call and ask to speak to the patrol Captain or Major, depending on their command structure. Tell him what happened and what the warning was written for. Tell him you did some research and think that statute was applied incorrectly. Give the officer's name or don't, but if you do, be sure to be honest. I'd bet there's video of the stop.

You can give him your name. You will not be logged into some secret database where all cops in GA will start looking for reasons to cite or harass you. No one will hold it against you. Ninjas will not go to your house and try to send you to the underworld. It's not fucking magic. Cops know we sometimes make mistakes, and most would rather hear from a reasonable person like you instead of all the paranoid chicken littles around here that have an agenda. My bet is, he puts out a memo or email, or tells his first line supervisors to address the correct application of the statute.

Don't stress the warning. It goes NOWHERE. I have never seen a database for issued warnings for other cops to look up. 99% of the time we don't care anyway. I decided I was gonna cite you when I turned on my lights. This is not magic either. The attorney you spoke with was partly right, but most attorneys don't know statute books better than anyone else. And they have NO IDEA how citations and warnings are handled.

If I issue a warning, many times I tell the recipient the warning will shown up for 90 days, so please slow down, use your blinker, wear your seat belt, pay attention. In reality, someone can have 300 warnings in their glovebox and neither me nor anyone else would know. The story about dismissed citations showing up on a driving record is a lie. Hell, sometimes convictions don't show up. That isn't magic either.

If any of you knew what it takes to get driver information entered into NCIC, you would understand how ludricious it is to think a department is paying fulltime staff to sit around and enter warnings into the system. The idea that officers have some secret language we write down on peoples' insurance or registration cards is also blatantly untrue and was probably seen on TV.

I have never seen that and I called two of my friends on the NYPD today just to be sure. Wanna know their answer: "Where the **** did you hear that stupid shit? That's hilarious." When I told them, they each laughed. But thanks for reminding me to call them. It had been around 6 months since we last spoke.

Some of you guys gotta dial back the paranoia. I seriously don't know how you function outside your living rooms. Sheesh.

In other words...stress less, ride more.

 

[HotRodZilla]

OMFG...I was avoiding this thread. Trying to correct some of the stupidity running around here is impossible so I figure it's better to avoid the frustration. However, after the BS gets too deep, I can't take it anymore. So, here's what happened and here's how to fix it:I would bet the GA statute used to make some reference to the rider being required to use the pegs. During the traffic block of that guy's academy, a couple senior guys were used to teach. One of them mentioned writing citations for people hanging off their bikes, or what was said was misinterpreted and resulted in that guy pulling you over and having to look up a statute.

For all any of us know, that guy might have an old statute book in his sub station that still has that provision. I found one the other day from 1997. It has laws that are still applicable and some that are no longer valid. It is also missing a lot of new stuff.

To fix this, you should call and ask to speak to the patrol Captain or Major, depending on their command structure. Tell him what happened and what the warning was written for. Tell him you did some research and think that statute was applied incorrectly. Give the officer's name or don't, but if you do, be sure to be honest. I'd bet there's video of the stop.

You can give him your name. You will not be logged into some secret database where all cops in GA will start looking for reasons to cite or harass you. No one will hold it against you. Ninjas will not go to your house and try to send you to the underworld. It's not fucking magic. Cops know we sometimes make mistakes, and most would rather hear from a reasonable person like you instead of all the paranoid chicken littles around here that have an agenda. My bet is, he puts out a memo or email, or tells his first line supervisors to address the correct application of the statute.

Don't stress the warning. It goes NOWHERE. I have never seen a database for issued warnings for other cops to look up. 99% of the time we don't care anyway. I decided I was gonna cite you when I turned on my lights. This is not magic either. The attorney you spoke with was partly right, but most attorneys don't know statute books better than anyone else. And they have NO IDEA how citations and warnings are handled.

If I issue a warning, many times I tell the recipient the warning will shown up for 90 days, so please slow down, use your blinker, wear your seat belt, pay attention. In reality, someone can have 300 warnings in their glovebox and neither me nor anyone else would know. The story about dismissed citations showing up on a driving record is a lie. Hell, sometimes convictions don't show up. That isn't magic either.

If any of you knew what it takes to get driver information entered into NCIC, you would understand how ludricious it is to think a department is paying fulltime staff to sit around and enter warnings into the system. The idea that officers have some secret language we write down on peoples' insurance or registration cards is also blatantly untrue and was probably seen on TV.

I have never seen that and I called two of my friends on the NYPD today just to be sure. Wanna know their answer: "Where the **** did you hear that stupid shit? That's hilarious." When I told them, they each laughed. But thanks for reminding me to call them. It had been around 6 months since we last spoke.

Some of you guys gotta dial back the paranoia. I seriously don't know how you function outside your living rooms. Sheesh.

In other words...stress less, ride more.

You just used 4 words to say what took me almost 400 words. Nice!!

 

[wheatonFJR]

OMFG...I was avoiding this thread. Trying to correct some of the stupidity running around here is impossible so I figure it's better to avoid the frustration. However, after the BS gets too deep, I can't take it anymore. So, here's what happened and here's how to fix it:

I would bet the GA statute used to make some reference to the rider being required to use the pegs. During the traffic block of that guy's academy, a couple senior guys were used to teach. One of them mentioned writing citations for people hanging off their bikes, or what was said was misinterpreted and resulted in that guy pulling you over and having to look up a statute.

For all any of us know, that guy might have an old statute book in his sub station that still has that provision. I found one the other day from 1997. It has laws that are still applicable and some that are no longer valid. It is also missing a lot of new stuff.

To fix this, you should call and ask to speak to the patrol Captain or Major, depending on their command structure. Tell him what happened and what the warning was written for. Tell him you did some research and think that statute was applied incorrectly. Give the officer's name or don't, but if you do, be sure to be honest. I'd bet there's video of the stop.

You can give him your name. You will not be logged into some secret database where all cops in GA will start looking for reasons to cite or harass you. No one will hold it against you. Ninjas will not go to your house and try to send you to the underworld. It's not fucking magic. Cops know we sometimes make mistakes, and most would rather hear from a reasonable person like you instead of all the paranoid chicken littles around here that have an agenda. My bet is, he puts out a memo or email, or tells his first line supervisors to address the correct application of the statute.

Don't stress the warning. It goes NOWHERE. I have never seen a database for issued warnings for other cops to look up. 99% of the time we don't care anyway. I decided I was gonna cite you when I turned on my lights. This is not magic either. The attorney you spoke with was partly right, but most attorneys don't know statute books better than anyone else. And they have NO IDEA how citations and warnings are handled.

If I issue a warning, many times I tell the recipient the warning will shown up for 90 days, so please slow down, use your blinker, wear your seat belt, pay attention. In reality, someone can have 300 warnings in their glovebox and neither me nor anyone else would know. The story about dismissed citations showing up on a driving record is a lie. Hell, sometimes convictions don't show up. That isn't magic either.

If any of you knew what it takes to get driver information entered into NCIC, you would understand how ludricious it is to think a department is paying fulltime staff to sit around and enter warnings into the system. The idea that officers have some secret language we write down on peoples' insurance or registration cards is also blatantly untrue and was probably seen on TV.

I have never seen that and I called two of my friends on the NYPD today just to be sure. Wanna know their answer: "Where the **** did you hear that stupid shit? That's hilarious." When I told them, they each laughed. But thanks for reminding me to call them. It had been around 6 months since we last spoke.

Some of you guys gotta dial back the paranoia. I seriously don't know how you function outside your living rooms. Sheesh.

In other words...stress less, ride more.

You just used 4 words to say what took me almost 400 words. Nice!!

I dunno. I liked your 400 words. I was dying laughing at the end. It was very entertaining. Just the way you tell people to cut the bullshit and get a life...

 

[blrfjr]

OMFG...I was avoiding this thread. Trying to correct some of the stupidity running around here is impossible so I figure it's better to avoid the frustration. However, after the BS gets too deep, I can't take it anymore. So, here's what happened and here's how to fix it:
I would bet the GA statute used to make some reference to the rider being required to use the pegs. During the traffic block of that guy's academy, a couple senior guys were used to teach. One of them mentioned writing citations for people hanging off their bikes, or what was said was misinterpreted and resulted in that guy pulling you over and having to look up a statute.

For all any of us know, that guy might have an old statute book in his sub station that still has that provision. I found one the other day from 1997. It has laws that are still applicable and some that are no longer valid. It is also missing a lot of new stuff.

To fix this, you should call and ask to speak to the patrol Captain or Major, depending on their command structure. Tell him what happened and what the warning was written for. Tell him you did some research and think that statute was applied incorrectly. Give the officer's name or don't, but if you do, be sure to be honest. I'd bet there's video of the stop.

You can give him your name. You will not be logged into some secret database where all cops in GA will start looking for reasons to cite or harass you. No one will hold it against you. Ninjas will not go to your house and try to send you to the underworld. It's not fucking magic. Cops know we sometimes make mistakes, and most would rather hear from a reasonable person like you instead of all the paranoid chicken littles around here that have an agenda. My bet is, he puts out a memo or email, or tells his first line supervisors to address the correct application of the statute.

Don't stress the warning. It goes NOWHERE. I have never seen a database for issued warnings for other cops to look up. 99% of the time we don't care anyway. I decided I was gonna cite you when I turned on my lights. This is not magic either. The attorney you spoke with was partly right, but most attorneys don't know statute books better than anyone else. And they have NO IDEA how citations and warnings are handled.

If I issue a warning, many times I tell the recipient the warning will shown up for 90 days, so please slow down, use your blinker, wear your seat belt, pay attention. In reality, someone can have 300 warnings in their glovebox and neither me nor anyone else would know. The story about dismissed citations showing up on a driving record is a lie. Hell, sometimes convictions don't show up. That isn't magic either.

If any of you knew what it takes to get driver information entered into NCIC, you would understand how ludricious it is to think a department is paying fulltime staff to sit around and enter warnings into the system. The idea that officers have some secret language we write down on peoples' insurance or registration cards is also blatantly untrue and was probably seen on TV.

I have never seen that and I called two of my friends on the NYPD today just to be sure. Wanna know their answer: "Where the **** did you hear that stupid shit? That's hilarious." When I told them, they each laughed. But thanks for reminding me to call them. It had been around 6 months since we last spoke.

Some of you guys gotta dial back the paranoia. I seriously don't know how you function outside your living rooms. Sheesh.

THERE IT IS! THERE'S THE REPLY I WAS WAITIN FOR!

Thanks AJ your the best

 

[airboss]

HotRodZilla, Myth Buster!

 

[BigOgre]

Ya got me Zilla. Made it all up. Well at least the parts I didn't get from TV.

I will second PhilJet's advice though.

 

[08FJR4ME]

I got pulled over last month by a state trooper. I beet a lane violation charge 3 years ago in court. Well guess what! That SOB still had it pulled up in his cruiser and proceeded to read me the riot act. From what I have been told they can go back up to 7 years and see every violation you were ever ticketed for. Even if you were found not guilty in a court of law. That just aint right in my opinion.

Dave

In my State, that's not just "ain't right", it's illegal.

You forget that Dave lives in the People's Republik of Massachusetts.

I will leave it at that.

 

[GeorgiaRoller]

Looks like the only one stressing is Zilla!!! LMFAO

I only responded by what the GA motorcycle lawyer & GA DMV told me. I can only go by what I was told. I have never at one point since Sunday "stressed" about any of this. I just thought it would interesting to follow it through and try to get to the bottom of it. That's all. Also I'm not sure how things are logged or kept by police forces from State to State. I have no clue.

THAT BEING SAID....to hopefully get to the bottom of this once and for all, I just called the Manchester Police Office!!!!

Zilla's post made me think there is more to this then and that perhaps I was given some misinformation about part of it at least. I just got off the phone with the county clerk and the officer's Captain just happened to be in the room as well. I explained that the young officer was very nice but I believe to be in error based on the statute he based his stop on. I went over the 40-6-314(a) "footpeg" violation and they both said they've never heard of a law in Georgia about having to keep your feet on the pegs at all times.

The clerk then put me on speaker phone with the PD captain and he said "Thanks for calling and I'll be addressing this with officer J... H..."!

Also they clarified that warnings are "not logged" on any internal database (what the DMV told me was incorrect...shocking I know) and that they number the warning tickets just so the captain can keep track of them for his officers for the month. And no other police force would have access to that information (You were right about that Zilla, thanks for the heads up on that point).

IS EVERYONE HAPPY NOW???!!!

Again this was not keeping me up at night I can assure you that. I'm just doing my due diligence to see it through is all. Getting a hold of the Manchester PD was the final step it appears. And it doesn't sound like the young officer will be pulling any FJR riders over along Pine Mountain for stretching their legs anymore!

I fought the law and the law...well...they didn't win this time.

I think I need to update my member title now.

Done.

 

[PhilJet09]

OMFG...I was avoiding this thread. Trying to correct some of the stupidity running around here is impossible so I figure it's better to avoid the frustration. However, after the BS gets too deep, I can't take it anymore. So, here's what happened and here's how to fix it:I would bet the GA statute used to make some reference to the rider being required to use the pegs. During the traffic block of that guy's academy, a couple senior guys were used to teach. One of them mentioned writing citations for people hanging off their bikes, or what was said was misinterpreted and resulted in that guy pulling you over and having to look up a statute.

For all any of us know, that guy might have an old statute book in his sub station that still has that provision. I found one the other day from 1997. It has laws that are still applicable and some that are no longer valid. It is also missing a lot of new stuff.

To fix this, you should call and ask to speak to the patrol Captain or Major, depending on their command structure. Tell him what happened and what the warning was written for. Tell him you did some research and think that statute was applied incorrectly. Give the officer's name or don't, but if you do, be sure to be honest. I'd bet there's video of the stop.

You can give him your name. You will not be logged into some secret database where all cops in GA will start looking for reasons to cite or harass you. No one will hold it against you. Ninjas will not go to your house and try to send you to the underworld. It's not fucking magic. Cops know we sometimes make mistakes, and most would rather hear from a reasonable person like you instead of all the paranoid chicken littles around here that have an agenda. My bet is, he puts out a memo or email, or tells his first line supervisors to address the correct application of the statute.

Don't stress the warning. It goes NOWHERE. I have never seen a database for issued warnings for other cops to look up. 99% of the time we don't care anyway. I decided I was gonna cite you when I turned on my lights. This is not magic either. The attorney you spoke with was partly right, but most attorneys don't know statute books better than anyone else. And they have NO IDEA how citations and warnings are handled.

If I issue a warning, many times I tell the recipient the warning will shown up for 90 days, so please slow down, use your blinker, wear your seat belt, pay attention. In reality, someone can have 300 warnings in their glovebox and neither me nor anyone else would know. The story about dismissed citations showing up on a driving record is a lie. Hell, sometimes convictions don't show up. That isn't magic either.

If any of you knew what it takes to get driver information entered into NCIC, you would understand how ludricious it is to think a department is paying fulltime staff to sit around and enter warnings into the system. The idea that officers have some secret language we write down on peoples' insurance or registration cards is also blatantly untrue and was probably seen on TV.

I have never seen that and I called two of my friends on the NYPD today just to be sure. Wanna know their answer: "Where the **** did you hear that stupid shit? That's hilarious." When I told them, they each laughed. But thanks for reminding me to call them. It had been around 6 months since we last spoke.

Some of you guys gotta dial back the paranoia. I seriously don't know how you function outside your living rooms. Sheesh.

In other words...stress less, ride more.

You just used 4 words to say what took me almost 400 words. Nice!!

Yours was much more entertaining.

 

[HotRodZilla]

Looks like the only one stressing is Zilla!!! LMFAO
I only responded by what the GA motorcycle lawyer & GA DMV told me. I can only go by what I was told. I have never at one point since Sunday "stressed" about any of this. I just thought it would interesting to follow it through and try to get to the bottom of it. That's all. Also I'm not sure how things are logged or kept by police forces from State to State. I have no clue.

THAT BEING SAID....to hopefully get to the bottom of this once and for all, I just called the Manchester Police Office!!!!

Zilla's post made me think there is more to this then and that perhaps I was given some misinformation about part of it at least. I just got off the phone with the county clerk and the officer's Captain just happened to be in the room as well. I explained that the young officer was very nice but I believe to be in error based on the statute he based his stop on. I went over the 40-6-314(a) "footpeg" violation and they both said they've never heard of a law in Georgia about having to keep your feet on the pegs at all times.

The clerk then put me on speaker phone with the PD captain and he said "Thanks for calling and I'll be addressing this with officer J... H..."!

Also they clarified that warnings are "not logged" on any internal database (what the DMV told me was incorrect...shocking I know) and that they number the warning tickets just so the captain can keep track of them for his officers for the month. And no other police force would have access to that information (You were right about that Zilla, thanks for the heads up on that point).

IS EVERYONE HAPPY NOW???!!!

Again this was not keeping me up at night I can assure you that. I'm just doing my due diligence to see it through is all. Getting a hold of the Manchester PD was the final step it appears. And it doesn't sound like the young officer will be pulling any FJR riders over along Pine Mountain for stretching their legs anymore!

I fought the law and the law...well...they didn't win this time.

I think I need to update my member title now.

Done.

Haha...I thought you were one of the sane ones. I was trying to help, but was being my normal, sarcastic self. I'm glad you got good info. Now...Some of you may re-don your tinfoil hats and have a nice day!

 

[08FJR4ME]

Just a followup, The offense the state trooper pulled up in his car last month on me was a court issue not a warning. The funny thing is I was found not guilty or at least it was thrown out. However you want to interpret it. He had plenty of time to pull this info up as he followed me for over 2 1/2 miles by the time he decided to pull me over.

That's all folks,

Good day,

 

[wheatonFJR]

Thanks to Zilla and Roller!

 

[BigOgre]

Happy for you GR, you brought it to a good resolution.

But did you have to test out that new attitude so early in the season?

 

[bwv]

...but what if Zilla is makin' all that up to distract us from our pursuit of the truth? (anyone ever watch the X-Files?)

I mean if there really is a list..."they" wouldnt want us to know about it now would they?? ....did we get too close Zilla? Thats a lotta typing to dispel such a simple myth no?

Are we all now on "the list" now as troublemakers???

All Kidding aside...This has been a very informational thread

Thanks GR ... and My paranoia is a little lower... Thank you Zilla!

 

[HotRodZilla]

...but what if Zilla is makin' all that up to distract us from our pursuit of the truth? (anyone ever watch the X-Files?)I mean if there really is a list..."they" wouldnt want us to know about it now would they?? ....did we get too close Zilla? Thats a lotta typing to dispel such a simple myth no?

Are we all now on "the list" now as troublemakers???

All Kidding aside...This has been a very informational thread

Thanks GR ... and My paranoia is a little lower... Thank you Zilla!

I can neither confirm nor deny the denial of any non-existent lists that may or may not exist in the super secret cop world where we are all possiby turned into super secret ninjas that are like Superman and Batman combined.

I actually wish some of the rumors I hear about us were true. It would make catching bad guys way easier. I keep waiting for our Pre-Crime unit to get off the ground, but our psychics get all weirded out in the pool. Maybe if they used lime Jello and stopped trying to drown those chicks.

If I knew all this stuff, I could be like Santa Clause and know where all the naughty girls live.

Glad you feel better BWV, but I know what you did last summer, so watch out. Also, stop wearing those pajama pants to bed. It's freaking my survillance guy out.