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URGENT * URGENT * URGENT Write your letters immediately. The Judge as set July 19th for the punishment hearing. We shall call for a ride in to the court house at a later date This is an official "CALL TO ACTION" seeking Justice for BACA member and US Defender member Richard "Hat Trick" Schroeder. On December 12th he was run over and killed by Trena Mitchell. This woman has no driver's license and can't get one because she is legally blind. She has received tickets for no driver's license in the past and has even caused an injury accident in Fort Worth. Richard was enroute to a Toy Run when he was struck and killed. The woman had four children in the car including an infant who was not in the required car seat. This would be child endangerment. The infant spent a week in the Hospital as a result of Mitchell's failure to obey the law. Her attorney said she just wanted to put this behind her. The Prosecutor has asked for a plea bargain resulting in Probation with Deferred Adjudication meaning the collision would not show up on her driving record. They would drop the charge of child endangerment. Trena Mitchell pleaded guilty to a second-degree felony manslaughter charge in the death of Richard Craig Schroeder. The judge is: Honorable Judge Ralph Strother 19th State District Court 501 Washington Ave., Suite 303 Waco, Texas 76701 And the person in charge of making a recommendation is: Community Supervision Officer Gary Clark 501 Washington Ave. Waco, TX, 76701 Write each of them a letter expressing opposition to this plea bargain. Make the time fit the crime. With her record of flouting the law and endangerment to others it is time to take her off the street. Sputnik State Chair Sample Letter Honorable Judge Ralph Strother; I am writing in reference to the death of Richard Schroeder on Dec. 12th 2009 when he was run over by Trena Mitchell. It has been brought to my attention that there is currently a move afoot to plea bargain for a deferred adjudication in this case against Ms. Mitchell. I would hope you do not accept this plea bargain. Mitchell's lawyer stated that she is sorry the man was killed and she just wants to get it all behind her. The Schroeder family would like to get it all behind them also but not by allowing this woman to get by with a slap on the wrist. I have been told that Ms. Mitchell has two warrants out for her arrest already for driving without a license and was involved in an injury accident in Ft. Worth. She has shown no respect for the law by her continued action of driving without a license. She draws a pension for being legally blind and continues to drive an automobile in total disregard for others safety. The report states she had a small child that was not restrained again refusing to show any regard for the law. On Sept 1, 2009, SB 1967 a Highway Safety Bill took effect. The Law states that a person who fails to yield the right of way causing a collision that results in injury to an innocent party must pay a minimum of $500 fine. If the collision results in serious injury or death the minimum fine shall be $1000. Another Bill passed into law increased the penalty for having a young child unrestrained in a vehicle while traveling was and the age limit was increased. It has been pointed out that the DA's office is willing to drop the charge of child endangerment. I implore you to do the right thing and take this menace off the street. Give her a penalty that she will remember. Respectfully,
FIRST AMENDMENT NOTICE: This is a political communication to Bruce's Rights Riders List exercising our Freedom of Speech as guaranteed by the U.S. Constitution and exempted from the C.A.N.S.P.A.M. Act of 2003 to convey information regarding motorcyclists' rights and motorcycle awareness issues. To insure that you continue to receive emails like this, please add "bruce@..." to your address book and safe senders list. To no longer receive our emails, please reply to this email with "UNSUBSCRIBE" in the subject line. *** BUSH ADMINISTRATION COVERED UP THE DANGERS OF CELL PHONES And we hate to say we told you so ... but we told you so! Bruce on Bikers Rights (August 2009: Special Edition) Anybody wonder why NTSB Chairman Mark Rosenker and NTSB Board Member Kitty Higgins had nowhere to run this week except out the door? It's because WE--meaning Robert "RC" Conroy, myself and many other dedicated motorcyclists' rights activists who have been battling for years against the carnage caused by drivers immersed in cellphone calls--have made damned sure that when asked the question "WHAT DID YOU KNOW AND WHEN DID YOU KNOW IT?", their answers if honest will be damning: http://tinyurl.com/yog8ke http://tinyurl.com/m92hpe We hate to say we told you so, folks, but WE TOLD YOU SO. Click the links below, and read dozens of accounts of righteous indignation written by "professional" journalists who have no excuse for their years of denial regarding this issue. Some of the links are long, and your email software may break them. If that happens, please don't reply to us claiming "the links don't work". Instead, copy and paste the broken segments into your browser address bar, then click Go or hit Enter. If you find that confusing, seek assistance from the nearest teenager. And be nice about it, as they may soon turn 18 and either (a) possibly go to war and give their life defending your right to be computer-illiterate in the Internet Age, or (b) certainly spend what's left of their life struggling to pay off the $53 trillion in debt and "unfunded obligations" which--like the untold motorcyclists' and other motorists' deaths attributable to this cover-up--are a lasting legacy of the George "Du! bya" Bush Administration: U.S. Withheld Data on Risks of Distracted Driving (may require registration to read) http://www.nytimes.com/2009/07/21/technology/21distracted.html Documents: Department of Transportation's National Highway Traffic Safety Administration http://graphics8.nytimes.com/packages/images/nytint/docs/documents-from-the-u-s-\ department-of-transportation-s-national-highway-traffic-safety-administration/or\ iginal.pdf Report: Agency withheld distracted driver research http://www.google.com/hostednews/ap/article/ALeqM5gsKtAgd7nPCrDhq2AUGTK9fSdtiAD9\ 9IJGS00 Real cell-phone dangers exposed: Using wireless communication devices while driving http://blogs.consumerreports.org/cars/2009/07/cell-phone-dangers-using-wireless-\ communication-devices-while-driving.html Highway agency wanted total cell phone ban http://www.msnbc.msn.com/id/32035670/ns/technology_and_science-wireless/ Gov't Wanted Total Cell Phone Ban For Drivers, Report Reveals http://www.pcworld.com/article/168793/govt_wanted_total_cell_phone_ban_for_drive\ rs_report_reveals.html Consumer Groups: Gov't Kept Secret The Dangers of Cell Phones http://abcnews.go.com/Politics/Travel/story?id=8135393&page=1 Studies Showing Dangers of Cellphone Use while Driving Were Suppressed http://www.ombwatch.org/node/10233 Government Withheld Important Safety Data Showing Drivers' Hands-Free Cell Phone Use Is Just as Hazardous as Handheld Use http://www.citizen.org/pressroom/release.cfm?ID=2927 Jay Bookman Research on cell-phone-use-while-driving quashed by feds http://blogs.ajc.com/jay-bookman-blog/2009/07/21/research-on-cell-phone-use-whil\ e-driving-quashed-by-feds/?cxntfid=blogs_jay_bookman_blog Report: Agency Hid Distracted Driver Stats http://cbs4.com/consumer/Distracted.Driving.Drivers.2.1095052.html Driving and cell phones: Why they don't go together http://www.philly.com/philly/blogs/wingingit/51337479.html Agency withheld data on dangers of talking and driving http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20090721/cellphone_report_09\ 0721/20090721?hub=TopStories U.S. agency hid cellphone driving risk data: N.Y. Times http://www.cbc.ca/consumer/story/2009/07/21/cellphone-driving.html US quashed report on dangers of phone use while driving http://www.google.com/hostednews/afp/article/ALeqM5gzXBemNwjmj2tu7wIyY0dWqpOnNA Group Hid Study On Cellphone's Driving Distractions http://www.redorbit.com/news/technology/1724351/group_hid_study_on_cellphones_dr\ iving_distractions/ *** SUPPORT BRUCE'S RIGHTS RIDERS LIST BY DONATING HERE: http://support.ldrlongdistancerider.com "The battle for bikers' rights is not about patches, parties or poker runs. We fight to protect the freedom and promote the interests of American motorcyclists ... to defend our right to choose our own modes of transportation, attire and lifestyle ... to deter and defy discrimination against us ... and to vanquish those who violate our rights or right-of-way. And in the end, it will not matter to us whether we won or lost. But it will matter to us greatly that we fought."--Bruce Arnold *** TELL A FRIEND ABOUT BRUCE'S RIGHTS RIDERS LIST Please forward this email to fellow riders on your contacts list, or use the TELL A FRIEND box here: http://rightsriders.ldrlongdistancerider.com *** THE LATEST BIKERS' RIGHTS NEWS The latest headlines for motorcyclists' rights, motorcycle awareness, helmet laws, noise ordinances and motorists' failure to yield by category are now available 24/7. Here is the link to add to your web browser favorites or bookmarks: http://bikernews.ldrlongdistancerider.com ***
FIRST AMENDMENT NOTICE: This is a political communication to Bruce's Rights Riders List exercising our Freedom of Speech as guaranteed by the U.S. Constitution and exempted from the C.A.N.S.P.A.M. Act of 2003 to convey information regarding motorcyclists' rights and motorcycle awareness issues. To insure that you continue to receive emails like this, please add "bruce@..." to your address book and safe senders list. To no longer receive our emails, please reply to this email with "UNSUBSCRIBE" in the subject line. *** WHEN IS IT RIGHT TO RIDE IN THE EMERGENCY LANE? Or ... How I Ended Up Head Down on a Hood and Handcuffed Bruce on Bikers' Rights | August 2009 | Story by Bruce Arnold with Legal Commentary by Matt Danielson A FEW SATURDAYS AGO ... I was riding home to the flat sands of South Florida after a twisting tour through the steep mountain ridges and narrow winding valleys surrounding Charleston, West Virginia. The weather was comfortably cool heading south down the WV Turnpike and on through Virginia's Blue Ridge Highlands to Fancy Gap and North Carolina. But from Mayberry ("Mt. Airy") on, the temperature and humidity rose rapidly as the elevation descended. And by the time I stopped for gas just south of Charlotte in Rock Hill, South Carolina, my handlebar thermometer was registering over 100 degrees. Continuing south on IH-77 through Columbia, I reached its terminus near Dixiana and turned east on IH-26. The oppressively sweltering heat was making me regret drinking Coke instead of water at my last stop a hundred miles back, and I was really looking forward to quenching my thirst at the next fill-up. Not long after that, though, I topped a rise and saw that my next stop would be delayed: There must have been a bad accident ahead, because before me was a sea of stationary taillights stretching in two lanes to the horizon. Damn! I stopped for a few moments like everyone else ... but only for a few. I recognized my dry mouth and draining strength as signs of dehydration. And yes, I admit I had neglected to pack any emergency water that morning, but I decided not to punish myself for that omission by sitting in the sun and baking on the hot pavement until I passed out. The emergency/breakdown lane was open, so I weaved my way to it and slowly headed towards what I hoped would be a nearby exit. I didn't make it to the next rise, though, before I saw blue lights looming larger in my rearview mirror. Hoping the LEO would just want by and not want me, I pulled back into the sea of stalled cagers and weaved forward to the first open spot, which was in the left lane. By the time I got there, the South Carolina cruiser was parallel to me in the emergency lane, and the officer driving it was gesturing madly (both meanings) for me to come join him. I reluctantly but immediately obeyed, weaving over and putting my sidestand down just in front of his bumper. And I had barely come out of the saddle before an extremely irate young trooper was right in my face and pitching a first-class hissy fit. I had ear plugs in under my Fulmer Modus flip-top brain bucket, so I only caught about half of his tirade. It was clear, though, that he was taking serious ex! ception to my use of the emergency lane. I tried to explain to him that I was thirsty and needed to get to the next exit for some water, but he cut off every sentence I started. Each attempted explanation seemed to make him angrier, until finally he yelled something I caught word for word: "You're going to JAIL!" Stunned for a moment, I put up no resistance as he cuffed my hands behind my back, shoved me towards his cruiser, pushed me face-down over the hood, and ordered me not to move. He then got in the car and spoke to someone on his walkie-talkie, then someone else on his cell phone. I couldn't read his lips or hear a word of what was said. But when he marched back around to where I was then standing, he was a changed man. His tone of voice was now softer, almost apologetic. And like night and day, his primary concern now seemed to be my well-being. He tried to remove the handcuffs, but inadvertently (I think) made them tighter and broke his key off in the lock. He then started frantically tearing through his front seat, glove box, side door panels, rear seat and trunk. I hoped he was looking for a spare key, and asked politely if he had any water as well. I also told him that my left hand was going numb. He came over and removed my lid for me, and then--believe it or not--took a! towel and gently wiped the sweat from my face. He told me he had no water to give, but that he had sent for someone to bring a replacement key, and I should soon be on my way. Sure enough, a few minutes later a deputy sheriff in a black SUV with lights flashing topped the rise behind us, rolled up and parked, and handed my new best friend a batch of keys. Seconds later the cuffs came off my wrists ... taking skin with them, and leaving marks behind. The trooper told me I was "good to go", but first I begged a liter bottle of water off the deputy, and gulped it down in a matter of seconds. Then, as if I was waking from a bad dream, both LEOs disappeared and I was free to saddle up and ride the remaining 600 miles to Miami. And curiously enough, without ever being charged with or ticketed for anything ... without ever showing any license or registration ... and without ever even being asked my name! Yes, mistakes were made here, and laws were broken. But perhaps not just by me, I speculated, but by the state trooper as well. In *my* opinion, using the emergency lane in this instance was justified. And in *my* opinion, being handcuffed for the traffic offense I may have committed was not. But knowing that sooner or later I would face a similar situation, I figured I'd better get a *legal* opinion on the matter. Attorney Matt Danielson of Tom McGrath's Motorcycle Law Group was kind enough to oblige with the following: IN RESPONSE TO BRUCE'S ADVENTURE ... he asked me to look into the legality of riding in the emergency lane, and whether there are circumstances in which you would be allowed to. This has proven to be a quite a task given that we have 50 states, and each with their own set of laws. However, as far as I have been able to determine, no state (even California) allows you to use the shoulder or emergency lane for travel. OK, that is the easy part. However, what about a situation such as the one where Bruce found himself? He is stuck in traffic in 100 degree weather, with no water, and becoming light-headed with signs of heat exhaustion coming on. What is one to do in such a case? Most every state recognizes the "doctrine of necessity". It is a defense which allows a person to choose to break the law when doing so is better than the outcome which would occur if they did not. It is sometimes known as the "lesser of two evils" defense. However, the harm being avoided must be great. Commonly, the elements of necessity are as follows: 1. A reasonable belief that action is necessary to avoid imminent threatened harm; 2. A lack of other adequate means to avoid threatened harm; and 3. A direct causal relationship that may be reasonably anticipated between action taken and avoidance of harm. In other words, you must believe that you are in imminent danger (meaning that it is right upon you and about to happen). You must not have another way to avoid this harm other than breaking the law, such as by riding in the emergency lane. Finally, the action that you took has to be such that it will avoid the harm. This means that if a car in front of you catches on fire, riding in the emergency lane to get away from the fire will reasonably avoid the harm of catching on fire yourself. Doing 90mph on one wheel through the middle of traffic, on the other hand, will not. There is no nexus between fleeing the fire and a prolonged high-speed wheelie. But let's get back to Bruce's situation: This is trickier. If you are merely uncomfortable and thirsty, there is no real imminent harm to be avoided. No one likes to be hot and thirsty, but there is no real danger associated with that state of being. It merely sucks. However, when we add dizziness and symptoms associated with heat exhaustion, then the situation changes. I think one can make a reasonable argument that the imminent harm of passing out in the middle of the highway in 100 degree heat is an imminent danger. Without proper medical attention one could suffer serious injury or death. It would seem that riding at a moderate speed to the very next exit or facility would be a reasonable thing to do, and justified under the circumstances. Now that we have discussed the legal side of things, or as I like to say--we have discussed the situation in theory--let's talk about the practical, real-world side. Even though you may be justified in your actions, if an officer decides to charge you, the judge is going to have to believe you in order to avoid conviction. Judges, as you know, sit every day listening to people give reasons why they should not be held accountable for their actions. They often listen to people being less than truthful, and therefore become a bit skeptical of excuses. Just because you had a legitimate reason to break the law does not mean the court has to believe you. The judge is the person who has the right to determine who is telling the truth and who is not. Therefore, if the judge does not believe you, it does not matter how just you were in your actions; you are still going to be convicted. That is why it is so important to take only the actions necessary. Do them in a safe and responsibl! e manner. And if stopped, be very polite and make your reasons clear. The officer may not believe you, but your demeanor and actions will carry more weight with the court than merely being pissed off on the side of the road. This brings us to a side issue: Even if you are polite, bad things sometimes happen. For instance, in Bruce's case he was placed in handcuffs for a prolonged period of time. In all actuality, the officer probably did not have the right to do that. However, since there is no real damage that occurred, that is probably a no harm no foul situation. That being said, had something bad occurred, we might be having a different conversation. For the most part, the police do not have the right to take you into custody for a traffic violation. Most states require that they release you on a summons, which is your charging document and your promise to appear in court. Check your own state laws, because there are exceptions. The exception for the police is that they may place you in investigative detention and cuff you when there are facts that would lead the officer to believe that it is necessary for his safety. An example would be that the officer pulls over a car with five guys in it. He smells the distinct odor of marijuana. He would have the right to search the car. However, he is not going to turn his back on five guys to do it. He would call for assistance and place the suspects in temporary detention. However one-on-one on the side of the road, as in Bruce's situation, handcuffing is clearly uncalled for and in all honesty a violation of the law. Without an indication that the suspect is not going to appear in court, or that he is failing to discontinue the unlawful act, most states require the officer to release the suspect on a summons. If this is done to you and you are injured, make sure to get the officer's name and badge number. But be polite in doing so. In closing, I caution everyone to be careful when you believe you have the right to break a law on the grounds of necessity. Your state legislature may have negated the defense for the particular law you are breaking. In Virginia, for example, the legislature has chosen to write the habitual offender statute in a way that removes any justifications for driving after a court has declared you a habitual offender. They decided that the court could take that into consideration for sentencing, but not guilt. That in effect removed necessity as a defense for the crime of driving after having been declared a habitual offender. The moral here is to take a look at your own state's laws and be aware of what you can and cannot do. It is our responsibility as riders to know the laws of the jurisdictions in which we ride. It not only avoids being needlessly cited, but makes it harder for the unethical or uninformed LEO to trample our rights. If anyone has any questions or comments concerning any of the above, please feel free to contact me at matt@... or 1-800-321-8968. Matt Danielson, Tom McGrath's Motorcycle Law Group LEGAL DISCLAIMER: The preceding is for informational purposes only, and should not be considered legal advice. The laws governing the above may be different in your state. HTML version of this article: http://tinyurl.com/ljnebp PDF version of this article: http://tinyurl.com/lfd6ag *** BREAKING NEWS ON BIKERS SUING CITY OF BOSTON Motorcycle Riders Seek Justice over Discriminatory Boston "Noise" Ordinance News Release - for Immediate Release (July 10, 2009) For more info, contact: Paul W. Cote, ClaimsCote@... - 978-535-8222 (days) Bill Gannon, billgannon2@... Mike Longtin, mlongtin@... Vince Silvia, vsilvia@... - 987-852-3626 (cell) Larry Cahill, webmaster@... Boston, MA. Yesterday Suffolk Superior Court Judge Geraldine S. Hines, heard arguments today for a Motion seeking to temporarily restrain Boston's Law and Traffic Enforcement Agencies from enforcing City of Boston Ordinance Docket Number 0658, which calls for $300.00 fines on (only) motorcycle exhaust equipment not displaying a "readily visible" stamp that the system is approved by the Federal Environmental Protection Agency. Judge Hines stated she would take their arguments under advisement and issue a decision soon. Until her decision is rendered, the ordinance remains in effect. If you ride, or even park your motorcycle in Boston and the EPA labeling is not readily visible, you remain liable for a $300.00 fine. Attending the 2:00 p.m. hearing proposing the Motion for Injunctive Relief filed on July 3rd were Plaintiffs Paul W. Cote of Amesbury, Bill Gannon of Quincy, Vince Silvia of Haverhill, and Mike Longtin of North Easton, Massachusetts. The quartet, calling themselves the Massachusetts Riders for Justice Committee were joined by long time motorcyclists' advocate Betsy Lister of Medfor, Massachusetts. Plaintiff Larry Cahill was unable to attend the Hearing but gave his full support. Following a noontime telephone briefing from American Motorcyclists Association (AMA) Government Relations Specialist Imre Szauter and ongoing communications with motorcyclists' rights activist Bruce Arnold, the Riders For Justice retained Motorcycling Attorney Joseph S. Provanzano of Peabody, Massachusetts who passionately argued the position of the plaintiffs. Provanzano has successfully overturned more than 300 "excessive exhaust noise" citations against motorcyclists in court systems throughout Massachusetts. "This is not about noise as much as it is about the local 'Crown' over-imposing unwarranted authority on citizens," claimed Plaintiff Cote'. "Over 235 years ago the citizens of Boston told the British Government "no way!" Today we are doing the same by seeking the Court to declare this Ordinance to be "the rubbish it is," claimed Cote. "I attended today to be part of the solution," stated Plaintiff Longtin," and this Ordinance discriminating against motorcycling is wrong and I'm there to say so!" Plaintiff Vince Silvia of Haverhill, who rode into the Boston Hearing with no EPA imprint on his bike’s exhaust systems, said, "It's crap. My motorcycle has passed State inspections and five voluntary sound tests with the sound meter donated by the AMA." "This Ordinance is nothing but the City of Boston trying to make a buck off of riders. At $300.00 a pop, 100 bikes equal $30,000.00 to them, a 1,000 bikes equal $300,000.00. This ordinance," Silva continued, "is designed to discriminate against, as City Council Salvatore LaMattina testified, 'those people' to keep riders out of Boston. This is 'revenue enhancement', in its purest form. Add onto the ticket the costs of exercising your right to due process which will cost you as much as the original ticket, not to mention that parked or not it will be a moving violation which will just jack up your insurance rates. To me that equals government sanctioned theft." Attorneys representing the City Boston were accompanied by a Sergeant of the Boston Police Department. He did not offer any testimony during the hearing. He later conferred with Plaintiffs Cote and Gannon stating "They dragged me in just for show. I have nothing against motorcyclists." Observer Betsy Lister of Medford, Massachusetts was impressed by Provanzano's representation of the Plaintiff's position. Lister stated, "Attorney Provanzano was armed and dangerous exuding passion and commitment to the cause while adeptly citing chapter and verse basically illustrating how the Boston's new noise ordinance usurped and superseded both federal and state statutes and was totally repugnant!" "Provanzano threw out more legal challenges than an 'all star' pitcher in a series baseball game with each statement being a perfect strike." Lister continued. Recently, Cahill, Cote, and Lister visited the Boston Harley-Davidson dealership and examined all new motorcycles on the showroom floor. Because of varied production styling and components, in most cases the activists could not view the EPA stamp unless the motorcycle is partially dismantled. Riders For Justice Committee Members are patiently awaiting Judge Hines ruling on the temporary restraining order while their lawsuit to permanently overturn the ordinance was filed on July 3rd and prepares to go to a trial before the Suffolk County Superior Court. Motorcycle riders interested in helping fight this Ordinance are encouraged to contact Paul Cote at ClaimsCote@... See also: http://tinyurl.com/kubhmd Post questions or comments to: http://tinyurl.com/napb66 A footnote on the real issue underlying Boston Noise Ordinance 0658: "The real issue here is neither noise nor loud pipes, and I encourage the bikers' rights activists of Massachusetts not to be tricked into fighting on those fields. The real issue here is the same as in Myrtle Beach SC, and Delray Beach FL before that: A money-hungry municipality overstepping its authority and passing discriminatory ordinances aimed at filling city coffers by penalizing all bikers for the alleged transgressions of a few."--Bruce Arnold *** SUPPORT BRUCE'S RIGHTS RIDERS LIST BY DONATING HERE: http://support.ldrlongdistancerider.com "The battle for bikers' rights is not about patches, parties or poker runs. We fight to protect the freedom and promote the interests of American motorcyclists ... to defend our right to choose our own modes of transportation, attire and lifestyle ... to deter and defy discrimination against us ... and to vanquish those who violate our rights or right-of-way. And in the end, it will not matter to us whether we won or lost. But it will matter to us greatly that we fought."--Bruce Arnold *** TELL A FRIEND ABOUT BRUCE'S RIGHTS RIDERS LIST Please forward this email to fellow riders on your contacts list, or use the TELL A FRIEND box here: http://rightsriders.ldrlongdistancerider.com *** THE LATEST BIKERS' RIGHTS NEWS The latest headlines for motorcyclists' rights, motorcycle awareness, helmet laws, noise ordinances and motorists' failure to yield by category are now available 24/7. Here is the link to add to your web browser favorites or bookmarks: http://bikernews.ldrlongdistancerider.com ***
SB 1967 (Legislative Session So Far) - over a year ago, 0 comments
What Happened, many have asked. I will try here to lay out some of the Bills we were involved with, what they were intended to do and what became of them. SB 298 the Road Block Bill once again died in the House Committee after having passed in the Senate. Despite changing the name to Sobriety Check Point Texans saw it for what it was and said “NO THANKS MADD” This is the third time this Bill has been killed but MADD will never give up as long as they can find an Author. We have to be ready again next session. SB 506 the Lane Splitting Bill Died in House Public Safety Committee after having passed in the Senate. This Bill came from a Man who moved here from California and asked for it. He said: “Give me a helmet law any time but let me split lanes like they do in California. We don’t agree with helmet laws so we wanted no part of the Bill. We were in committee when they laid it out and asked for our support. I told them I would not support the Bill but I would not oppose it. There were several of us in the hearing along with several written testimonies for our Highway Safety Bill. We finished our testimony and walked out. Our Bill passed but SB 506 died in committee. SB 404 This Bill would have extended the life of TxDOT and continued on with selling our highway systems to Cintra Zachary for 50 years. It allows for TxDOT to continue to enter into agreements with private companies to create Toll Road Projects thru 2016 rather than being sunset out in August of next year. The contract is already written and awaits passage of this Bill to be signed SB 404 died in Calendars SB 17 Would basically allow for tolling highways already built. It lays out all kinds of ways to take over these highways in part or totally without requiring any form of cost except where the Federal government is involved. SB 17 died in Calendars. SB 855 would allow local areas to add ten cents a gal to gasoline tax, charge for parking in downtown parking lots and garages and several other local taxes to build local highway infrastructure. This would allow TxDOT to spend the gasoline tax on other issues. It would also pave the way for more Toll Roads. This Bill also died in Calendars HB 11 & 13 are just the opposite of the two preceding Bills. HB 11 would Sunset TxDOT in August 2011 and eliminate any authority to sell out our highway system to Cintra-Zachary or anyone else by repealing the authority providing for establishment of the Trans Texas Corridor. HB 13 would remove any authority to toll highways that have already been built as free roads or freeways. Both of these Bills also died in committee. Rep. Leibowitz the Author of these two Bills took both and added them as Amendments to HB 300 the actual TxDOT Sunset Bill. Senator Carona pledged to remove those two Anendments and add SB 404, SB 17 and SB 855 to get the Governors Bills back into play. HB 300 will come back to the House today and. The House will not concur and will call for a conference Committee. They will instruct the Conferees prior to them being named. We can only hope the House will stand strong and refuse to allow the HB 300 out of Conference and let the whole thing die. It is no surprise that Carona wants Rick Perry’s highway Bills back in play. The only surprise is the other names on his Bills. Senators you would never have expected to be willing to put the screws to the citizens of Texas who put them in office. Some of us worked very hard to kill these two Bills on our own time. We felt they were far more important to the welfare of the state than the Bills we had introduced but unfortunately most riders didn’t share that view. Therefore those of us who felt that way were simply required to work that much harder. I am very proud of those riders who worked with other organizations to show that some Bikers do care what happens to this state. We also worked very hard for the two House Bills as well as HB 300. We believe like all those we worked with that it is better to lose it all than to allow Rick Perry and Carona to win this time around. He will of course call a Special Session and I personally will have more time to work on these issues. SB 362 was the Bill to require different forms of photo Identification to vote in Texas as well as having a Voter Registration Card. This Bill was placed on Major State Calendar as being very important. We expect the Governor to call a Special Session if this Bill doesn’t pass and of course it won’t. The Democrats called a slow down as the Bill was on Major State Calendar and would come up if they passed the Local and Consent Calendar too quickly. With 64 Democrats and 65 Republicans on the Floor they were afraid they couldn’t hold their members together and get one Republican to vote with them. Of course Speaker Straus had abdicated his role as leader and allowed Rep Craddick to take charge and they may have been correct. Still I feel they should have fought it out. The one contentious vote to come up was 64 Ayes and 64 Nays and rather than vote Speaker Straus let the Bill die because it didn’t get one more vote to pass. With all the school kids being recognized from the Floor, one of the Democrats (I won’t say who) had the nerve to ask (Do you think these students would be proud to see that we care about each Bill and ask questions about them) Their first question was “Mr. Chairman will you tell me when I have reached 9 minutes and 45 seconds please”. If they speak 10 minutes they kill the Bill and they didn’t plan to do anything but waste time. Those few who were involved in this fiasco should have been ashamed to have the kids see them acting like that. As for our Bills: This isn’t exactly a Bill but we asked Da’Lady, Rep Norma Chavez to get our Rider Training Fund back so DPS could not take over $250,000 off the top of our Budget to use for their own purposes. One Amendment was offered to rededicate our Training Fund and state that DPS could not take any part of it for their own use. A second Amendment to the Appropriation Committee was to return our full funding to $2,000,040 dollars for the next Biennium. This to me was a priority issue and it worked. Thanks Lady. HB 1569 our Equal Access Bill passed unanimously in committee and was put on House Resolution and Consent Calendar. When it came to the Floor for a full vote it again passed by a vote of 100 Ayes to 36 Nays. It was then sent to the Senate. It was called up in Business and Commerce Committee. We testified during the hearing but the Chairman never brought the Bill up for a vote. Therefore the Bill died in committee and I will have a conversation with the chair as soon as we go SINE DIEE in six days. I would have expected this of Senators Duncan or Harris but I was hoping Senator Fraser could be his own man once and let us see how each member voted. I personally believe every Bill deserves a vote if it is heard in committee. SB 1967 the Highway Safety Bill. We worked this Bill out with what we believed was any group that had a stake in the outcome of the Bill. Each group gave something and this enabled us to come up with a comprehensive Safety Bill. The Bill passed in the Senate committee unanimously and was placed on Local and uncontested Calendar. It came to the Floor and again passed unanimously. When we went to the House Committee we got a unanimous vote and the Bill was placed on Local and Consent Calendar. While sitting in the House Gallery waiting for the Bill to come to the Floor Terri came in and advised me we had a problem with the Bill. We headed for Da’Lady’s office ready for battle. At first we were shown a Bill Rep Brown wanted to attach to our Bill to Have the Spyder Bike registered as a motorcycle in Texas. At first I refused the Bill as I didn’t feel comfortable with gambling with our Bill the way things were going down there this session. Then came the blockbuster as the other shoe dropped. Houston and Dallas Police Dept. had a problem with the Failure to Yield section of the Bill. Seems their paid Lobbyist had failed to notice this Bill until it was scheduled to come to the Floor for its second reading. They had a problem with the Class A and Class B Misdemeanor called for. They feared if they hit someone thru negligence and it injured anyone they could be found guilty of at least a Class A Misdemeanor and if it resulted in serious injury or death they could lose their license to be a police officer. They were OK with the fine but not the classification. Excuse me while I feel sorry for them…NOT. They were paying Lobbyist with taxpayer money and they come on the day we are scheduled for a vote and want to amend the Bill. At first we said no then realized if we passed the Bill the way it read they could go to the governor and ask him to Veto the Bill. Finally we decided to go check with Senator Carona to see if he would concur with the Bill if we sent it back. He agreed so we asked about the Spyder Amendment and he accepted that one also. We passed the Bill as Amended and it has now returned to the Senate where it awaits concurrence. Today we watched as SB 1967 received a vote in the Senate. Senator Carona, true to his word asked for concurrence and the vote to accept was unanimous. The Bill now goes to the governor for his signature. It has been a long hard battle but one well worth the effort. It has once again been my pleasure to represent your issues through another session. Of course there are still committee hearings to attend throughout the next 18 months and campaigns to be worked for the upcoming year but those things are minor compared to what we have just gone through. Thanks to all who took part in the session. Special thanks to our TMRA 2 Legislative Task Force. They took up the slack and made things go much easier this session. And a very special thanks to Britney Parks the 13 year old protégé who served as the youngest member of that Task Force. I have written a letter to the governor laying out the Bill’s history and asking that he sign SB 1967. Feel free to contact the Governor’s office asking for his signature if you are so inclined. Sputnik State Chair Texas Motorcycle Rights Association
MRF E-MAIL NEWS Motorcycle Riders Foundation 236 Massachusetts Ave. NE Suite 510 Washington, DC 20002-4980 202-546-0983 (voice) 202-546-0986 (fax) http://www.mrf.org (website) For Immediate Release 8 May 2009 Contact: Jeff Hennie, MRF Vice President of Government Relations Email: jeff@... ANOTHER BUSY WEEK IN WASHINGTON Bikers Inside the Beltway 2009 Do not be left out by missing this historic ride to the nation's capitol next week, May 14, 2009. Join many of your fellow motorcyclists from across the country as they converge on Washington for a day. The Motorcycle Riders Foundation (MRF) has reserved parking along the national mall, in the shadow of the U.S. Capitol and the Washington Monument. Come join us as we educate members of Congress on the importance of motorcycle safety. Contact the MRF's DC office if have any questions about attending or local accommodations. You can find more event details at www.mrf.org. Legislative News. The MRF is pleased to report that the United States House of Representatives has passed House Resolution 269. The bill "supports the goals of May is Motorcycle Safety Month." Gabrielle Giffords (D-AZ) and Dr. Michael Burgess (R-TX) who both also chair the U.S. House of Representatives Motorcycle Safety Caucus, introduced the bill. Congresswoman Giffords had this to say in the House chamber the day of the vote, "H. Res. 269 also serves as a reminder to all riders and motorists to always share the road respectfully. I have been riding and racing motorcycles for over 20 years - so the issue of motorcycle safety is of great importance to me. I also want to take this opportunity to thank the Motorcycle Industry Council, the American Motorcyclist Association, and the Motorcycle Riders Foundation for all that they do to support motorcyclists." The MRF would like to thank Mrs. Giffords and Dr. Burgess for the commitment to motorcycle safety. NHTSA Meeting. The National Highway Traffic Safety Administration (NHTSA) gathers together, on a quarterly basis, government safety officials and the stakeholders in the motorcycle safety community to update the group on private and public motorcycle safety initiatives that are ongoing or recently completed. The MRF, AMA, MIC, MSF, ASMI, and Harley Davidson, to name a few on the private side, attended the meeting on May 6. Also in attendance were staff members from National Transportation Safety Board (NTSB) and Federal Highway Administration (FHWA). The newly appointed NHTSA boss, Chuck Hurley, did not attend. Nothing especially earth shattering was discussed at the NHTSA meeting, with perhaps one exception - the much anticipated preliminary results of the Crash Causation Study pilot study. Just a few tidbits of early data were revealed, such as after launching the study with 53 crashes, they were left with complete data for just 23 of those crashes due to refusals to participate or no injury sustained, etc. The methodology is a 1700-point data collection process with a double control function. That means after collecting the 1700 different data points on a qualifying crash, the investigators go out to the scene of the crash one week later at the same time of day and ask motorcyclists riding by to voluntarily pull over and answer some questions about why they think they didn't crash. To simply collect the data from this process costs $7,507. That is less than the $10,000 estimate that has been rumored, but that number doesn't include the data crunching, reporting, and many other administrative costs. The full study is still laboring away with funding problems, but the feds have promised that a study will be done. It may not be as large as everyone had hoped, but they have vowed to do something. FHWA MAC Meeting The MRF also attended the Federal Highway Administration (FHWA) Motorcycle Advisory Council's (MAC) semi-annual meeting on May 7. This was the first meeting for the group's Designated Federal Official (DFO), Mike Griffith. Griffith is a career government transportation official, spending much time in the statistics and engineering fields, and he held up well for his first meeting with the MAC. The MAC is comprised of rider groups, private sector engineers and government officials, and meets to analyze every aspect of the nation's transportation infrastructure and critique areas that impact motorcycles. The recommendations of the MAC are then delivered to the Secretary of Transportation for consideration. The MAC spent a lot of time hearing about the upcoming national traveler opinion and perception survey. The MAC was tasked with developing questions concerning motorcycles and motorcyclists to be included in the random survey of 5000 Americans. Also it was revealed that the Intelligent Transportation Office at the Department of Transportation has adopted an "all weight vehicles" approach to include motorcycles and the heaviest highway users. Another noteworthy item was the announcement from the Transportation Research Board regarding a study titled "Factors Related to Serious Injury and Fatal Motorcycle Crashes with Traffic Barriers," due to be completed in late 2011. You can read more about the charter, minutes, mission statement and members of the FHWA MAC on their website at http://safety.fhwa.dot.gov/mac/. ========================================================== Do not reply to this email, it will be discarded. ========================================================== To subscribe or unsubscribe from this mailing list, visit http://www.mrf.org/subscribe.php Ride With The LeadersTM by joining the MRF at http://www.mrf.org/join.php or call 1-202-546-0983 Registration is easy and secure for MRF Regional and Meeting of the Minds conferences. Visit our website at http://www.mrf.org/events.php for further details and registration information. Send in your nominations and donations for the MRF's Young Activist Scholarship fund today. For complete details, visit http://www.mrf.org/yascholarship.php. Sign up today for the MRF's new roadside assistance program by visiting http://www.mrf.org/mrfroadside.php The program is available to MRF members and non-MRF members. (c)All Information contained in this release is copyrighted. Reproduction permitted with attribution. The Motorcycle Riders Foundation, incorporated in 1987, is a membership-based, national motorcyclists' rights organization headquartered in Washington, DC. The first motorcyclists' rights organization to establish a full-time presence in Washington, DC, the Motorcycle Riders Foundation is the only Washington voice devoted exclusively to the street rider. The MRF established MRFPAC in the early 1990s to advocate the election of candidates who would champion the cause of rider safety and rider freedom. The MRF proudly claims state motorcyclists' rights organizations and the very founders of the American riders' rights movement among its leading members. The MRF is involved in federal and state legislation and regulations, motorcycling safety education, training, and public awareness. The MRF provides members and state motorcyclists' rights organizations with direction and information, and sponsors annual regional and national educational seminars for motorcyclists rights activists, as well as publishing a bi-monthly newsletter, THE MRF REPORTS. _______________________________________________ mrfnews mailing list mrfnews@... http://mrf.org/mailman/listinfo/mrfnews_mrf.org ================================================= You may unsubscribe from this mailing list at any time by clicking here: http://mrf.org/mailman/listinfo/mrfnews_mrf.org Scroll to the bottom of the page and enter your email address. Ride Safe. Ride Free. Ride Today. =================================================
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 from: doc d'errico <doc@...> ca sb 435 took an apparent turn for the worse yesterday with the ca senate passing sb 435, requiring the epa stamp on motorcycle exhaust, with days to go in the legislative session:http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0401-0450/sb_435_bill_20100831_enrolled.html what's not clear now is what the governor will do and/or whether ca has a "pocket veto" like ma does - there's nothing clear on the ca.gov websites, but i did find this, which doesn't mention the possibility:http://www.capitolmuseum.ca.gov/citizens.aspx?content2=1090 the "pocket veto" in ma came close with ma sb 2344 since the legislature was out of session. while in session, the governor's lack of signature would automatically become law, while out of session, the bill dies. interestingly, there's little news on this out of california directly. one article correctly attributes the item:http://www.mercurynews.com/breaking-news/ci_15943096 where another hides it under a discussion of street sweepers and implies that removal of catalytic converters is the issue:http://www.latimes.com/news/la-me-0831-last-minute-m,0,7162927.story text of the mercury news article: lawmakers pass bill to quiet motorcycles by robin hindery associated press posted: 08/30/2010 03:57:11 pm pdt sacramento -- california lawmakers want to put a plug in the earsplitting roar from modified motorcycles. the state senate today voted 21-16 to pass sb435. the bill makes it a crime to operate a motorcycle manufactured after jan. 1, 2013, that fails to meet federal noise-emission control standards. motorcyclists whose vehicles lack the proper u.s. environmental protection agency label would be subject to a fine. supporters say many motorcycle owners modify their bikes to make them much louder, which in turn creates a public nuisance. those modifications also allow the motorcycle to produce more harmful emissions. opponents of the bill say many aftermarket exhaust systems meet emission standards but aren't labeled, meaning law-abiding riders could be unfairly ticketed. the bill now goes to gov. arnold schwarzenegger, who owns multiple motorcycles
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Elmer M.
35 hours ago
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 please ensure this information is distributed to all freedom fighters in texas. justice has been served and its thanks to everyone's hard work. i'd like to thank all those that were able to attend the trail…you made a difference, you made the roadways in texas a little safer for all of us. please see the link and story below. trena mitchell will serve 12 years in prison for the manslaughter of richard craig "hat trick" schroeder. she will be eligible for parole in three years. respects, leathernecks d doc information liaison officer texas confederation of clubs and independentshttp://coctx.org/http://usdefenders.org/http://www.wacotrib.com/news/breakingnews/judge-removes-womans-relative-from-courthouse-after-race-allegation.html by erin quinn / tribune-herald staff writer thursday august 19, 2010
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Elmer M.
12 days ago
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jan
dunno
Tue, 11/30/99 - reminder from: dentonabate yahoo! group   title: whirly ball   date: sunday august 22, 2010 time: 3:00 pm - 5:00 pm location: 3641 w. northwest hwy dallas, tx 75220 notes: after the denton abate meeting we will go to whirly ball.   get reminders on your mobile, yahoo! messenger, and email.edit reminder options copyright © 2010  yahoo! inc. all rights reserved | terms of service | privacy policy __._,_.___ your email settings: individual email|traditional change settings via the web (yahoo! id required) change settings via email: switch delivery to daily digest | switch to fully featured visit your group | yahoo! groups terms of use | unsubscribe __,_._,___
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dentonabate@yahoogroups.com
14 days ago
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jan
dunno
Tue, 11/30/99 - reminder from: dentonabate yahoo! group   title: denton abate meeting   date: sunday august 22, 2010 time: 12:00 pm - 1:00 pm location: american legion post 88 notes: nominations for officer positions open at this meeting. if you want change then get involved or someone involved that has your views and get them elected. the vote will take place in the november meeting.whirly ball will be after this meeting.   get reminders on your mobile, yahoo! messenger, and email.edit reminder options copyright © 2010  yahoo! inc. all rights reserved | terms of service | privacy policy __._,_.___ your email settings: individual email|traditional change settings via the web (yahoo! id required) change settings via email: switch delivery to daily digest | switch to fully featured visit your group | yahoo! groups terms of use | unsubscribe __,_._,___
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dentonabate@yahoogroups.com
14 days ago
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 to all representatives; please be advised of the jury selection and sentencing of defendant trena mitchell tomorrow morning at the mclennan county courthouse. we are not endorsing a huge turnout at the proceedings, but would like to see some support for the family of b.a.c.a craig "hat trick" schroeder to attend if possible. if you are available monday morning to make the trip to waco, jury selection starts at 8:30 with the trial to follow. through our cta,(call to action) regarding this case we have achieved our goal of increasing the public awareness, and the need to pursue justice for all of the cases involving motorcyclists in our state. we feel confident that the citizens that make up the jury will reach a verdict of guilty and help us bring some closure to this case. our thought and prayers are with hat trick's family in this most difficult of times. spread the word to everyone to watch this case, be there if you can but remember to be respectful at all times! do not let your emotions have the wrong effect, do not make any statements to the press you might regret later. we appreciate the support and hard work of our combined motorcycle community in achieving our goal, punishment to fit the crime and justice for hat trick! respect to all, escondido paul national lt.commander us defenders 512.276.0681 www.usdefenders.org
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Elmer M.
17 days ago
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Legislative Update
Mr. Wicklund is the Vice President of Network coverage for United Health Care. Phone Number is 713-871-3025. My contact information is below.Mr. Wicklund,I have a condition known as CIPD closely related to MS and MG. It was triggered by the West Nile Virus in July of 2007. I have just been informed that United Health Care will no longer cover the cost of my IVIG treatments. These treatments are th
From: Texas Scooter Times Sent: Saturday, April 17, 2010 9:22 AMTo: TMRA2Subject: Sunday Race Rained OutIt's too wet to race at Little River Dragway this Sunday. Get ready for Dallas Raceway on May 15. Don't forget Swapmeet Dallas at the Longhorn Ballroom next Sunday April 25!!!http://www.texasscooter.com/
MRF E-MAIL NEWS Motorcycle Riders Foundation236 Massachusetts Ave. NE Suite 510 Washington, DC 20002-4980202-546-0983 (voice) 202-546-0986 (fax) http://www.mrf.org10NR08 - MRF News Release - National Mandatory Motorcycle Helmet LawFOR IMMEDIATE RELEASE16 April 2010Contact: Jeff Hennie, MRF V.P. of Government Relations & Public AffairsNational Mandatory Motorcycle Helmet Law The Motorcycle Ride
The March 2nd Primary is upon us. Its time to vote and take part in the delegate process. This means you need to show up at the polls at 7pm and let them know you are there for the Precinct meeting.We must get lots of people to become delegates in both parties so we can remind our legislators that we are always there to watch them. Also we need lots of delegates in order to get our resolution pass
Vote then pass it on!!Obama's new Attorney General, Eric Holder, has already said this is one of his major issues. He does not believe the 2ndAmendment gives individuals the right to bear arms. This takes literally 2 clicks to complete. Please vote on this gun issue question with USA Today. It will only take a few seconds of your time. Then pass the link on to all the pro gun folks you know.Hopefu
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