August 9, 2000
Stopped at 5:38 PM. Left at 5:59 PM (21 minutes) [6 minutes or more is
considered false arrest/false imprisonment, and if you win your case, it'll be
a malicious prosecution $150,000.00 & $250,000.00 damages award,
respectively]
Would not allow me to leave due to no helmet.
Threatened me with arrest if I left, said it was a “lawful order” and I said,
what authority does he have to give a lawful order, he said he was the state. I
said that it would be a good case of false arrest, no warrant, no probable
cause, malicious prosecution. I left. He didn't arrest me.
TROOPER DID NOT GIVE ME A MAILER. (Violation of Fla. Stat. 318)
Citation issued for alleged violation of 316.211, “NO MOTORCYCLE INSURANCE”
(Written on citation under 'other violations or comments pertaining to offense'
is: "Helmet Law; No Insurance stating insurance for motorcycle $10,000.00)
also (Cited me first for this alleged violation of "Helmet Law", and
is only a secondary offense, can't be pulled over for no helmet as a primary
offense), and also a violation of F.Stat. 316.085(2), “IMPROPER LANE CHANGE” (in front of vehicle traveling
in same direction). [I avoided debris in the lane I was in, but Trooper
said "Tell it to the judge". Of course, it won't even get that far in
court!)
Fla.
Statutes (1999)
316.085 Limitations on overtaking,
passing, changing lanes and changing course.
(2) No vehicle shall be driven from a direct course in any lane on
any highway until the driver has determined that the vehicle is not being
approached or passed by any other vehicle in the lane or on the side to which
the driver desires to move and that the move can be completely made with safety
and without interfering with the safe operation of any vehicle approaching from
the same direction.
[And his point? It was MY determination,
not his, and I was being safe in avoiding a potential road hazard. He just used
this for support to yank me over, but screwed up & told me that he was
pulling me over for no helmet/insurance check, but he was so ignorant, he wrote
the no helmet ticket first!]
Also cited me for violation of Fla. Stat. 316.211. Did not cite which paragraph.
This obviously will be dismissed for an improper charge.