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Old 01-31-2007, 01:24 PM   #31
Dangerousdave_2
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Default Re: Father, Son To Give Up 'Racing' Bikes As Part Of Plea Agreement

I think adrenalin causes a lot of poor decisions, by both riders and, sometimes, the cops chasing them. I spent my Army days in the MPs, and once rode with a CHP that was going about 150 per trying to catch someone outside of Barstow. Traffic seemed to average about 90 in that area in those days, but that still meant that we were slaloming around the back end of cars coming at us at 60 mph. I don't remember what the perp we were chasing had done, but I'm pretty sure it wasn't murder. While it was an unforgettable experience, it probably wasn't all that smart. God only knows what would have happened if we had actually caught the guy.
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Old 01-31-2007, 01:30 PM   #32
bowtydaddy
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Default Re: Father, Son To Give Up 'Racing' Bikes As Part Of Plea Agreement

We were shaking down a CR750 replica a couple of weeks ago on the outskirts of Jax FL. The shifter broke on the last pass. When the cops showed up we had her on the trailer. You should have seen the look of disappointment on thier face. They hung out until we left.

http://video.google.com/videoplay?do...=goog-sl&hl=en
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Old 01-31-2007, 01:38 PM   #33
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Default Re: Father, Son To Give Up 'Racing' Bikes As Part Of Plea Agreement

Cool video and bike. I love the sound of the bike on the last run when you try to catch that pick-up..
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Old 01-31-2007, 01:39 PM   #34
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Default Re: Seized property.....

Sounds wise. I never attempt to run from the police, myself.



One thing that most people don't consider is that if you get a cop dumb enough to seriously injure or kill himself or a bystander during the pursuit...well you are going to get charged with a felony. It ain't worth it. It's not just you at risk.



Of course, people dumb enough to run ain't gonna listen to any advise from us. I can hear them now at the Burger Barn.
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Old 01-31-2007, 02:55 PM   #35
Dr_Sprocket
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Default Re: Seized property.....

Are you kidding?! What a bargain! The police did not MAKE them give up their bikes. They CHOSE to forfeit their bike... versus going to jail for up to 2 years (or whatever it was). That's the great thing about America... you always have a CHOICE. They chose to drive 150 and evade the police, and they also chose to forfeit their bikes. Sounds like a win-win for both parties!
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Old 01-31-2007, 04:08 PM   #36
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Default Re: So what were they thinking???

Giving them the benefit of the doubt i'd say they were doing some sorting, or bedding in pads. it happens from time to time. its the fastest way i know of to lose your racing license.
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Old 01-31-2007, 04:08 PM   #37
gaineso42
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Default Re: Seized property.....

As was stated so eloquently above, that law dates to 1984. Reagan was Pres and Congress was Dem.



Now which "conservatives" passed that law and why was it a bad law when it was passed? Maybe been on the books too long, but get over the Bush did it crap.
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Old 02-01-2007, 01:18 AM   #38
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Default Re: Seized property.....

The law that allows police to "seize" and keep property is article 59.06 of the Texas Code of Criminal Procedure. The legal term is "forfeiture of contraband."



Normally the property is auctioned and the proceeds deposited in the general revenue fund of the state treasury .



However if a "local agreement" exists between the state attorney and local law enforcement, the property can simply be transferred to the police dept.



Alternately the state attorney's office can just transfer the property to itself.



Now if they could only catch a speeding Ferrari Enzo or Bugatti Veyron, they'd be set. Seize it as "contraband", put a light bar on the top and voila -- a police pursuit vehicle no bike can outrun. Of course that assumes the state attorney doesn't keep it for himself for "official use", e.g, driving to work.



Article 59.06 of Texas Code of Criminal Procedure



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Old 02-01-2007, 03:47 AM   #39
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Default Re: Father, Son To Give Up 'Racing' Bikes As Part Of Plea Agreement

It's actually worse than that. Unlike in the underlying criminal case (if there is one, most civil forfeiture laws don't require the state to ever file criminal charges against the property owner,) once the property is seized, the burden of proof shifts to the property owner to prove that the property was not aquired with the proceeds of illegal activity. It's very difficult to prove a negative.
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Old 02-01-2007, 03:51 AM   #40
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Default Re: Father, Son To Give Up 'Racing' Bikes As Part Of Plea Agreement

It's pretty hard to get an ID on a vehicle when it has no tags.
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