Brown & Little, P.L.C. » Entries tagged with "motorcycle"

What’s Wrong With The Current Approach To Biker Profiling

I’ve been closely following legislation and lawsuits regarding biker profiling for over a decade. In that time, Arizona’s motorcyclists’ rights organizations have been giving it more and more attention. I think it’s fair to say that, for many or maybe even most bikers, it is the single most pressing issue they feel those organizations ought to be addressing right now. In many ways, I’m inclined to agree. I hear new stories about police telling business owners not to allow patches in their establishments almost every day. As a criminal defense attorney, I represent clients who are clearly targeted by officers simply because they ride. Even after charges are filed, bikers are regularly treated far more harshly. In the City of Mesa, for instance, there is … Read entire article »

Filed under: Bikers' Rights

For Your Protection

I spent some of my afternoon yesterday in traffic court. The criminal counts in a client’s case had been dismissed by the prosecutor, but the civil count remained. The court set it for a civil traffic hearing regarding my client’s alleged violation of A.R.S. 28-964(A). He was charged with riding a motorcycle in Mesa in September while wearing a helmet with the visor up. I’m not so sure that’s illegal. I pulled up to Mesa’s nice new courthouse and parked in their nice new parking garage. When I walked up and opened the heavy metal and glass door, it felt expensive. Inside, I took off my belt and put it in a tray along with everything in my pockets. A few chubby security guards … Read entire article »

Filed under: Arizona Statutes, Bikers' Rights, Courts, Police

When Justice Is Corruption And Injustice Is The Law

Via one of my favorite blogs, the ever-fantastic Philly Law Blog written by Jordan Rushie and Leo M. Mulvihill, Jr., whose beard-mentoring qualifications give me beard envy and whose fashion sensibilities continue to intimidate me into wearing plaid for every occasion, respectively, came this amazing little report. In case you don’t want to click through, the report details all kinds of favorable treatment given to important people by Philadelphia’s traffic courts. Unlike most thirty-plus page reports about a court in a different state, I felt compelled to read it. I’m glad I did. The report tells a story of judges giving “special consideration” to people with power. It explains that judges routinely helped the politically connected individuals get all kinds of benefits, even when no express request … Read entire article »

Filed under: Government Rants

Motorcycle v. Smart Phone

It turns out that Samsung makes a seriously durable phone. Here’s a Droid Charge, scuffed after some idiot left it on the right pannier of an enduro motorcycle and drove off at highway speeds: Believe it or not, the phone still works. Call quality is pretty good, and the screen works great, though the little hardware buttons at the bottom are a bit tough to press. In case you’re wondering, those rubber bands came off of a bouquet of grocery store broccoli crowns and actually hold the phone together quite nicely. And yes, this post has nothing to do with the practice of law. … Read entire article »

Filed under: Uncategorized

Awareness

Over the past couple of years, I’ve become interested in auto sports. Not racing, really, but just taking a car around a road course. It’s a major niche market for the firm, which is why I started it and why I continue to do it, but it’s also a good time. I’m certainly no expert. However, I have learned quite a bit. As is often the case when learning something new, I’ve been continually surprised by how much there really is to learn. Driving once seemed so simple, but I now know that it really isn’t. How much braking power do you have? How much acceleration do you have? How does the road surface feel? How does your car feel? Do … Read entire article »

Filed under: Government Rants

Outlawing Awesome

Over at Defending People, Mark Bennett posts about a video that’s recently gone viral. In it, a scrawny Australian bully torments a bigger, older victim before getting his ass handed to him. The official response seems to be not just against the bully, but against the victim who fought back. Mark calls it a “Bully Rorschach Test” and says, “I see that giving government a monopoly on the lawful use of force is dangerous to us and corrosive to society.” He asks: “What do you see?” Well, first off, I definitely see what Mark sees. But I also see something dwelling deep within our society that’s now becoming apparent on the surface. I see that the government, just like most people these days, is on … Read entire article »

Filed under: Government Rants

The Motorcycle That Could Not Be

I recently finished working on a pro bono forfeiture case. The short story is that a guy puts a new engine and forks on a 1970s Harley Davidson in California in 1991. He registers it in California, and they give it a new VIN because the new motor serial number doesn’t match the frame. This is a common practice for motorcycles. My client enters the picture in 1992 or 1993, when he buys the motorcycle. He registers it in California and operates it for years with no issues. He moves to Massachusetts and registers it with no problem. In 2004, he moves to Arizona to be closer to his children and grandchildren. When he takes the bike to the Arizona MVD in 2007 (he didn’t ride … Read entire article »

Filed under: Arizona Statutes, Bikers' Rights

Another Fumble by Congress, An Awesome Act of Defiance by Malcolm Smith

The Consumer Product Safety Improvement Act of 2008 bans items for children that contain a certain amount of lead. It’s a seemingly great idea to protect kids, but unsurprisingly, the way Congress wrote it causes ridiculous effects. The Act makes it illegal to sell ATVs and motorcycles to children under 12 because the children might eat the battery terminals, the frame, or tear apart the brakes and lick enough lead to kill or harm them. I’m not sure why kids are incapable of eating Mom’s car battery, which in almost all cases would be easier to get to than a bike or ATV battery, but no one asked me. Lead, while obviously a poor meal, is instrumental as an alloy in the manufacturing of certain materials. … Read entire article »

Filed under: Bikers' Rights, Government Rants, Legislation

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