View Full Version : Georgia State Justifies Motorcycle Checkpoints
Gas Man
03-04-2011, 12:54 AM
Georgia State Justifies Motorcycle Checkpoints (Locations Disclosed) from Cyrils Blog (http://www.cyrilhuzeblog.com/2011/03/03/georgia-state-justifies-motorcycle-checkpoints-location-disclosed/)
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The Georgia Department of Public Safety (DPS) has received a grant from the National Highway Traffic Safety Administration (NHTSA) to collect data over the next two years to improve motorcycle safety. The $70,000 grant will be used to conduct six, one-day safety checkpoints between March 1 of this year and December 31, 2012.
Lt. Colonel Mark McDonough, DPS Deputy Commissioner, said that Georgia saw a sharp increase in the number of fatal crashes involving motorcyclists between 2005 and 2008 as the number of motorcycles registered in the state reached an all-time high. There were 167 motorcycle operators or passengers killed in crashes in 2008. He said Georgia State Patrol launched specialized patrols that included aviation support during the summer months when weekend motorcycle traffic is the heaviest. The enforcement effort along metro Atlanta interstates is focused on motorcycle operators traveling at a high rate of speed, weaving in and out of traffic, traveling in the emergency lane, or driving recklessly around other vehicles.
“The first step in reducing motorcycle deaths was the educating of all drivers of the dangers motorcyclists face on our roads, and now the next step will combine enforcement and education to enhance the safety of motorcycle operators and passengers,” he said. “We will be checking to make sure the operator has the proper class of license to operate a motorcycle and a DOT-approved helmet. We will also check that the motorcycle is in good operating condition with good tires, a headlight, and a taillight that is working.” The Lt. Colonel said troopers will be concentrating on the basic violations to protect the operator and passenger in the event of a crash and minimize the injuries they sustain.
The first safety checkpoints of 2011 will be conducted Wednesday, March 9 from 8 a.m. until 5 p.m. along Interstate 75 at the Southbound Commercial Vehicle Inspection Station in Monroe County. During the same time period, another checkpoint will be established at the Southbound Commercial Vehicle Inspection Station along I-95 in Chatham County, north of Savannah.
Lt. Colonel McDonough said the checkpoints will operate in the same manner as passenger vehicle safety checks conducted each day across the state. Motorcycle operators will be directed by portable highway signs to exit the interstate at the inspection stations where troopers or officers will check that the operator has the proper class of license for the vehicle, a valid tag, a federal DOT-approved motorcycle helmet, and that the operator is not under the influence of alcohol. “For the average operator with the proper license and equipment, the delay should be about a minute,” he said. Additional safety checks will be held in the spring and fall this year. (source Rome News, GA)
What's your take?
Its to get money from the feds and from peoples wallets, nothing else. If it was truly about safety they would make rider education a requirement and use the fed money to pay for it.
This comment does make a very valid point though:
RE:
“…There were 167 motorcycle operators or passengers killed in crashes in 2008…”
“…$70,000 grant will be used to conduct six, one-day safety checkpoints …”
“…focused on motorcycle operators traveling at a high rate of speed, weaving in and out of traffic, traveling in the emergency lane, or driving recklessly around other vehicles….”
What rocket scientist thinks that checkpoints are going to mitigate such stupidity?
So why spend $70K when a simple Darwinian solution already appears to be at work.
Loo, lats time i looked there was no Constitutional right to not get get hurt on a scooter.
“… you pays your money and you takes your chances…”
Don’t like that reality…??? ….. Fine, take up Golf.
-nicker-
Gas Man
03-04-2011, 01:28 AM
You are 100% right derf. It's a win win for the budget strapped state budgets. They get paid $70k to cover LEO wages and equipment useage. Then they also get revenue from the tickets.
More info on the constitutional aspects (http://www.cyrilhuzeblog.com/2011/02/19/are-motorcycle-only-checkpoints-unconstitutional/)
states...
The Supreme Court of the United States has repeatedly confirmed that any checkpoint whose primary purpose is general crime control constitutes an unreasonable search and seizure under the Fourth Amendment and is presumptively unconstitutional.
Gas Man
03-04-2011, 01:36 AM
AMA is working to support legislation against this type of stops
http://www.americanmotorcyclist.com/Rights/IssuesLegislation.aspx
AMA is working to support legislation against this type of stops
http://www.americanmotorcyclist.com/Rights/IssuesLegislation.aspx
And that is why I clicked on the take action link at the bottom of your link and sent my representative a message
Gas Man
03-04-2011, 01:45 AM
I did the same thing!!
I did the same thing!!
Almost great minds think sorta alike
Particle Man
03-04-2011, 05:17 AM
*cough*revenuegenerator*cough*
Papa_Complex
03-04-2011, 07:13 AM
Seems to me that if they were really trying to cut down on motorcyclist deaths, there are better places to have a checkpoint than a limited access highway.
LeeNetworX
03-04-2011, 07:46 AM
Seems to me that if they were really trying to cut down on motorcyclist deaths, there are better places to have a checkpoint than a limited access highway.
Exactly. If it was about safety and not money, they would setup checkpoints up in the mountains, where most people are actually riding. That's where I do 95% of my riding these days, thankfully...so I don't expect to run into one of these BS checkpoints.
the chi
03-04-2011, 08:14 AM
Total BS. Derf is correct. And I agree with GM quoting the constitution there. This is crap. And if I have to pull over to wait to get my stuff checked out, it won't be a "minute". I'm going to have to wait in line with all the other poor assholes who follow the rules while the ones they are trying to catch are going to be flying by giving us all the finger.
I'm about to make a general statement here, I realize it doesn't apply to 100% of the cop pop. however, cops here hate bikers.
I got my first ticket this past Sept. and it was a total profiling incident. Even the cops I work with agreed. I was being passed by cars and trucks, was in a group of cars and trucks and I was singled out and pulled over. After he about ran my ass over with his reckless driving skills. The dude made it obvious he was trying to nail me on something. Checking the bike, my ID, my paperwork, etc. Calling in all my info, like I was trying to pull something, and gave me a speeding ticket telling me I was going yea fast when my bike never indicated anywhere CLOSE to that. But since he was a GSP it wasnt worth fighting.
z06boy
03-04-2011, 09:04 AM
Sorry if I missed it but do they not have yearly state safety inspections in Georgia ? They have them here in NC so no need for this BS as far as making sure everything works on the bike. They don't check my helmet...that's the only thing I see that's different.
I think these "checkpoints" are BS and as stated...just a revenue generator.
Motorcycle riders hurt America. They don't deserve constitutional rights.
I will laugh at anyone who gets ticketed or put in jail from this.
Gas Man
03-04-2011, 05:25 PM
I'm about to make a general statement here, I realize it doesn't apply to 100% of the cop pop. however, cops here hate bikers.
WRONG. Cops hate sportbikes! Honest as shit. It's more about the bike style than anything.
Sorry if I missed it but do they not have yearly state safety inspections in Georgia ? They have them here in NC so no need for this BS as far as making sure everything works on the bike. They don't check my helmet...that's the only thing I see that's different.
I think these "checkpoints" are BS and as stated...just a revenue generator.
Good call. IDK. Well what about NY? They were the first to do this and I think they do have yearly inspections.
Motorcycle riders hurt America. They don't deserve constitutional rights.
I will laugh at anyone who gets ticketed or put in jail from this.
Well the jail thing would be me. Cause I don't stand for shit like this. I'm so glad that Michigan is on the side of the US Supreme Court. We don't do inspections or checkpoints of any kind.
Well they will do seat belt check points. Signs up and all that. You aren't wearing, they simply point at you and tell you to pull into a parking lot for your ticket.
However, that is different cause you ARE breaking the law and seat belt tickets can be a primary offense (meaning they can pull you over for it).
101lifts2
03-04-2011, 10:42 PM
Revenue...it takes money to make money.
Unconstitutional...but when do we care about that anymore.
WRONG. Cops hate sportbikes! Honest as shit. It's more about the bike style than anything.
Agreed, cops dont even blink at me on the klr, on the CBR though they love to follow me around. Just an observation.
WRONG. Cops hate sportbikes! Honest as shit. It's more about the bike style than anything.
For the most part I agree with that. There are the oddballs that actually ride them though and they aren't too bad to deal with, like shane.
Gas Man
03-05-2011, 02:27 AM
And there are plenty of no muffler, no baffle exhausts on cruisers that they will ticket as well.
Lamnidae
03-05-2011, 02:45 AM
I agree, the cops I've been around in HSV/AL/TN don't like the sport bikes one bit, but they seem to bat a blind eye to any of the cruisers around town (even though I've been seeing more and more riding like jackholes).
Particle Man
03-05-2011, 08:10 AM
Agreed, cops dont even blink at me on the klr, on the CBR though they love to follow me around. Just an observation.
They don't follow you on the KLR because they figure it can't break the speed limit ;)
They don't follow you on the KLR because they figure it can't break the speed limit ;)
Very very true, I can't.
Back to the original topic, anyone notice that those two highways they set up on are the two main highways heading south through the state? In fact they wre the only two interstate highways heading from outside of GA into FL. I must use that as further proof that they are targeting folks who are not from that area (and consequently cant defend themself in court)
Captain Morgan
03-05-2011, 10:43 AM
The checkpoints don't catch very many offenders. However, the cops that are hiding out near the checkpoints, whether in marked cars or unmarked, are the ones to catch people when they turn around or otherwise try to avoid the checkpoint. This is true whether it's a seatbelt, DUI, or some other checkpoint.
tommymac
03-05-2011, 10:48 AM
*cough*revenuegenerator*cough*
Sadly they have been doing this in NY for a while already :(
tommymac
03-05-2011, 10:52 AM
Chris in NY we do have inspections, but most of these cops arent doing safety checks on the bike just looking fo rstuff to ticket. Also we have a lot of riders who dont have licenses so thats been an issue.
A lot of the regular cops dont even know what to look for anyway, but they try to get you on mods you mkae. they will get you for the turnsignals, moving/obscuring your plate and now the exhausts.
Gas Man
03-05-2011, 07:05 PM
Exactly... it's bs
pickle.of.doom
03-06-2011, 03:11 AM
These checkpoints would better serve everyone if they would just toss them up in bar parking lots....
Adeptus_Minor
03-06-2011, 08:05 AM
These checkpoints would better serve everyone if they would just toss them up in bar parking lots....
Truth. :lol:
tommymac
03-06-2011, 08:41 AM
These checkpoints would better serve everyone if they would just toss them up in bar parking lots....
Well that would reel in the hardleys but they need to get the sportbike squids :lol:
Particle Man
03-06-2011, 10:47 AM
Well that would reel in the hardleys but they need to get the sportbike squids :lol:
True (around here for sure)
Papa_Complex
03-06-2011, 11:55 AM
These checkpoints would better serve everyone if they would just toss them up in bar parking lots....
Up here they used to set up RIDE checkpoints (police DUI checks) down the street, on either side of bars and strip joints. The owners sued, on the basis of restraint of trade, and won.
Full Throttle
03-06-2011, 12:28 PM
Sorry if I missed it but do they not have yearly state safety inspections in Georgia ? They have them here in NC so no need for this BS as far as making sure everything works on the bike. They don't check my helmet...that's the only thing I see that's different.
I think these "checkpoints" are BS and as stated...just a revenue generator.
This is just going to piss me off. Im glad they havent started it yet in North GA. but when they do ill probably just be one of those riders that flip the bird and ride on by them fuckers. Screw exiting the interstate to get checked for my own safety. Hell they dont know shit about safety on a bike. I have no problem with a possible yearly inspection like they do with vehicles in states that require emissions testing. But im not going to pull the hell over for some asshole cop thats getting paid with my tax money to check and see if my bike is safe for me. I can do that on my own. Screw that stuff.
:td::td::td::td::td::td::td::td::td::td:
Gas Man
03-07-2011, 12:10 AM
Forgot about the pull off style... see I have never had to deal with one... they are illegal in michigan. The pull off style I may not stop for... what they going to do, come after you? Then say what? You tell them "according to the US Supreme court, that checkpoints are illegal and unconstitutional". Then he fights you on it. Pricks!
Regular road block style... I will stop, cause I have to, but I will not co-operate like a sheep. I will not answer questions, you will not get any of my paperwork, you will not check my (50 state street legal) pipes, you will not ask me to operate my turns or brake lights, no you can not check my (DOT) helmet, and no you can not see my ID. They will have to give me a direct law that I'm breaking as to why they are detaining me. Then the law it is, better be a first offense (pull over-able violation). Then if I get off my bike, I will shut it off, and lock the steering.
If I was in a car for a checkpoint, I wouldn't even lower my window more than 2"-3". Also, if you are asked to get out with valid reason, shut off your car, get out, lock it, and put the keys in your pocket, then tell the cop you do not authorize a search of the car or for an officer to operate it.
Always Remember... the Nazi's had check points too!
This is just going to piss me off. Im glad they havent started it yet in North GA. but when they do ill probably just be one of those riders that flip the bird and ride on by them fuckers. Screw exiting the interstate to get checked for my own safety. Hell they dont know shit about safety on a bike. I have no problem with a possible yearly inspection like they do with vehicles in states that require emissions testing. But im not going to pull the hell over for some asshole cop thats getting paid with my tax money to check and see if my bike is safe for me. I can do that on my own. Screw that stuff.
:td::td::td::td::td::td::td::td::td::td:
I'm a pussy, all my stuff is in order. I'm gonna stop and not get cited for contempt of cop and have to make my way 1/2 way across country to fight a stupid BS ticket on traffic court.
Homeslice
03-07-2011, 02:22 AM
Lt. Colonel McDonough said the checkpoints will operate in the same manner as passenger vehicle safety checks conducted each day across the state.
say what?
wildchild
03-07-2011, 01:12 PM
Exactly. If it was about safety and not money, they would setup checkpoints up in the mountains, where most people are actually riding. That's where I do 95% of my riding these days, thankfully...so I don't expect to run into one of these BS checkpoints.
I disagree, people running in the mountains like you are more likely to have gear on and be properly licensed for operation. they maintain their machine at a level equal to the riding style. limited access highway is more useful for the guy who found a bike cheap, doesn't maintain it, doesn't need a license as long as he knows what he's doing etc.
if you're gonna look to give out tickets you want to go where violaters are. most violations in the mountains would be speeding or passing, they already have patrol cars for that.
I disagree, people running in the mountains like you are more likely to have gear on and be properly licensed for operation. they maintain their machine at a level equal to the riding style. limited access highway is more useful for the guy who found a bike cheap, doesn't maintain it, doesn't need a license as long as he knows what he's doing etc.
if you're gonna look to give out tickets you want to go where violaters are. most violations in the mountains would be speeding or passing, they already have patrol cars for that.
Then they should set up in the inner city
tommymac
03-07-2011, 01:36 PM
Then they should set up in the inner city
They do in NYC, just pull over all the clowns in icon gear or the wannabe bulletproof vests :lol:
Papa_Complex
03-07-2011, 01:42 PM
They do in NYC, just pull over all the clowns in icon gear or the wannabe bulletproof vests :lol:
Oh; the chrome beanie sportbike crowd.
tommymac
03-07-2011, 01:45 PM
Oh; the chrome beanie sportbike crowd.
I fogot that part, but yeah, now the in thing is wearing a cool looking back protector but nothing else, guess its a small step in the right direction.
wildchild
03-07-2011, 01:51 PM
I fogot that part, but yeah, now the in thing is wearing a cool looking back protector but nothing else, guess its a small step in the right direction.
yep got those running around here to.
Gas Man
03-09-2011, 12:01 AM
Motorcyclists Across The Country Anxiously Await Court Decision On Constitutionality Of New York’s Motorcycle Checkpoint Program
PR Newswire NEW YORK, Feb. 18, 2011 NEW YORK, Feb. 18, 2011 /PRNewswire/ --
Motorcyclists across the nation are awaiting a decision from the U.S. District Court for the Northern District of New York which they hope will declare New York’s “motorcycle only” roadway checkpoints to be unconstitutional. The case Wagner et al. v. The County of Schenectady, et al. could end up in the United States Supreme Court. The checkpoints, which target well-known motorcycle events, force motorcyclists traveling to and from those events to leave the roadway, regardless of any wrongdoing, and have their vehicles and equipment inspected for safety and non-safety equipment violations and stolen VIN numbers. Motorcyclists have been detained as long as 45 minutes in makeshift stockades while undergoing the inspections. The National Highway Transportation Safety Administration recently began Federal funding for motorcycle checkpoints nationwide in order to assess their effectiveness despite objections raised by members of Congress.
The New York lawsuit is the first to challenge the constitutionality of motorcycle checkpoints. The plaintiffs are being represented by Proner & Proner, a plaintiffs personal injury law firm with a long history of doing “pro bono” legal work on behalf of motorcyclists. The Proner firm commenced the lawsuit on behalf of four motorcyclists who were detained at two separate checkpoints.
The checkpoints are funded by a grant from the New York Governor’s Traffic Safety Committee and the troopers who work them are paid overtime. Although the stated purpose of the checkpoints is to promote safety, the majority of the more than a thousand tickets which were issued during the first year of the checkpoints had nothing to do with safety and instead focused on non-safety violations such as loud pipes. The written guidelines for the checkpoints specifically state that one of the purposes of the checkpoints is to look for stolen and forged VINs and the police readily admit that they often have undercover members of their gang and auto theft units working the checkpoints looking for signs of criminal activity.
The Supreme Court of the United States has repeatedly made it clear that any roadway checkpoint whose primary purpose is general crime control constitutes an unreasonable search and seizure under the Fourth Amendment and is presumptively unconstitutional. Notwithstanding that fact, the progress reports which the police prepared on the checkpoints specifically state that the grant funds are used “for overtime for intelligence gathering and the subsequent criminal and traffic enforcement.” The police admit that the checkpoints, which focus only on equipment violations and forged and stolen VINs, do not address any of the major causes of motorcycle accidents such as reckless driving, driver inattentiveness and alcohol impairment.
Lawyers for the Plaintiff Riders and Defendant State Police are both seeking summary judgment on the Fourth Amendment claims. The future of motorcyclists’ rights hangs in the balance.
For more information contact: Mitchell Proner 212
986-3030 or MProner@Prolaw1.com
SOURCE Proner & Proner
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Papa_Complex
03-09-2011, 06:12 AM
I fogot that part, but yeah, now the in thing is wearing a cool looking back protector but nothing else, guess its a small step in the right direction.
The Dainese mesh under armour trend only came and went here, several years ago. Our squids prefer replica helmets and full racing leathers, for the most part, these days. At least the bodies are easy to transport.
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