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 It has laws that are still applicable and some that are no longer valid.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 ******* 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 ****? 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.