legal

The Slow March toward Forced Temperance: NMA Weekly E-Newsletter #571

It’s been seven years since we wrote about the Driver Alcohol Detection System and Safety (DADSS) program–A Frog in the Pot, E-newsletter #187–and efforts to make ignition interlock devices standard equipment in all vehicles. Proponents of forcing all drivers to pass alcohol detection testing before being able to operate their cars are nothing if not determined. The Reduce Impaired Driving for Everyone (RIDE) Act of 2019, per U.S. Senate Bill 2604, and its counterpart House Bill 3159, keeps their hopes alive by requiring all new vehicles to have alcohol detection systems within four years. We recognize the politically incorrect timing of addressing the issue of impaired driving during the holiday season, and restate that the NMA does not support, encourage, or condone drunk driving. Impaired drivers who put themselves and others at risk do not belong on the road. But we also do not support zero-tolerance concepts that subject the vast majority of non-imbibing motorists to intrusive testing every time they get behind the wheel. The unreliability of detection technology is a major cause of concern. False positives are commonplace. Imagine a DADSS device that requires the driver to submit a breath sample to start a car, and to also give regular-interval samples while the vehicle is in motion, forcing shutdown at inopportune times and possibly under unsafe conditions. And if those “rolling samples” require active involvement by all drivers, distracted driving will become an even more widespread road safety concern. SB 2604, sponsored by Senators Tom Udall (D-NM) and Rick Scott (R-FL), currently sits with the Commerce, Science, and Transportation Committee. The House bill, 3159, is sponsored by six Republican congressmen and women and is being considered by the Subcommittee on Highways and Transit Committee. Consider reaching out to members of both committees, particularly those who represent you directly.

The Slow March toward Forced Temperance: NMA Weekly E-Newsletter #571 Read More »

A soldier tried to buy a motorcycle in Anchorage. His lawyer says he was targeted by a ‘yo-yo scam’

by Zachariah Hughes from https://www.alaskapublic.org This past August, Army Specialist Austin Deehan bought a 2014 Harley Davidson from a dealership in south Anchorage. “It felt great. It was a beautiful bike,” Deehan said. He made a $2,599 down payment, and financed the remaining $10,630 with at a decent interest rate. But 19 days later, when he called the bank about setting up monthly payments, they told him the loan had never been approved. That, Deehan said, is when he knew something was wrong. On Tuesday, Deehan filed a civil case in state Superior Court alleging misconduct by a local car dealership over a financial arrangement critics call a “yo-yo scam.” Though hardly a blockbuster piece of litigation, it highlights something federal regulators, lawyers, and financial services observers say is commonplace: nationally, military service members are some of the most commonly targeted demographics for credit and financing scams. When Deehan spoke to the bank he believed was financing his loan, they told him the denial was because his application was missing paperwork. He went back to the dealership, Chevrolet of South Anchorage, where he was told that since the financing deal didn’t go through he would need to take out a more expensive loan, he said. “They gave me two options: Either I could refinance the bike with a higher interest rate, or I could return the motorcycle and lose my whole down payment,” Deehan said. That’s when Deehan sought out legal assistance at Joint Base Elmendorf-Richardson, where he is stationed. His complaint was filed by the Northern Justice Initiative, a private firm that handles civil rights cases. According to Nick Feronti, one of the lawyers on the case, the dealership wrongly told Deehan that if he returned the motorcycle the company would keep the full balance of the down payment,

A soldier tried to buy a motorcycle in Anchorage. His lawyer says he was targeted by a ‘yo-yo scam’ Read More »

Hundreds of drunk scooter riders lost their licenses at Germany’s Oktoberfest this year

by Zac Palmer from https://www.autoblog.com Drinking and riding carries the same penalty as drunk driving Oktoberfest just wrapped up in Munich, and surprisingly, there’s some pretty alarming transportation-related news coming from it. Ride-sharing scooters and drunk party-goers don’t make for a good combination, but that’s exactly what German police had to fend with throughout the 16-day-long event. According to German news outlet Deutsche Welle, and picked up by The Drive, local police say they caught 414 people riding scooters while under the influence. Of those, 254 riders had their driver’s licenses revoked on the spot. Germany treats scooters the same as cars, so there are serious consequences for not following the rules of the road — similar to America, there are repercussions for drunk driving. What remains unreported is how many accidents or injuries occurred as a result of all the drunk scootering. German police were on high alert when it came to the scooters, as they were just unleashed on the public in June this year. The numbers are slightly better for folks who were driving an actual car in the city of Munich during the festival. Police found 315 drunk drivers and forced 215 of those to give up their licenses immediately. Millions from all over the globe attend Oktoberfest every year. Beer is consumed in copious amounts in massive beer glasses known as steins — the only size of beer served in the beer tents amounts to 33.8 ounces. Drinking tasty German beer and singing all day may have given some folks a little too much confidence to pilot an E-scooter home rather than walking like the rest of the crowd. Police did a great job of keeping the scooters from entering onto the Oktoberfest grounds, banning their use during the festival itself. We’ll leave you with

Hundreds of drunk scooter riders lost their licenses at Germany’s Oktoberfest this year Read More »

Hogs & Heifers served eviction notice, owner vows to keep fighting

by Joe Bartels from https://www.ktnv.com LAS VEGAS (KTNV) — The Downtown Grand is in a downtown dispute with its tenant Hogs & Heifers. Now the bar has been served an eviction notice and a cease-and-desist letter. 13 Investigates has been following the situation since July when owner Michelle Dell was at odds with her landlord over the use of 3rd Street between Stewart and Ogden in downtown Las Vegas. Ultimately, the parade and gathering went on as scheduled, but then a new issue emerged. “For me, I’m fighting the fight of my business, I’m fighting for the 40+ people I employ,” said Dell. Dell says just 5 days after the Patriot’s Day parade and gathering she hosted, she received a 30-day notice to quit her lease. The paperwork provided to 13 Investigates shows the bar was required to vacate the premises by mid October. “I made a massive investment, I changed my entire life to be in [Las Vegas] and I have built a thriving business, I have been a solid contributor to our community and I love this neighborhood,” said Dell, who relocated from New York to start her bar in 2004. On Tuesday, Dell received a second notice which demanded she stop speaking out against the Downtown Grand. The letter claims Dell has made and continues to make false statements against the Downtown Grand on both her social media accounts and in the news media. “On the eve of our 14th anniversary, they have sent us a cease-and-desist letter, claiming I am running a concentrated media campaign to disparage them,” said Dell. A judge will try and sort things out next month when both sides are scheduled to be in court. According to documents obtained by 13 Investigates, the courtroom confrontation has been building for years. Lawyers for

Hogs & Heifers served eviction notice, owner vows to keep fighting Read More »

In the Cantina – Big Question Weekly News for May 2, 2019

It’s Doable if We Can Get to the Table By Bandit, Wayfarer, Rogue, Bob T., Sam Burns, Barry Green, the Redhead, Laura, Stealth and the rest of the Crew Why do I ponder this shit, but I do. It’s not as if my folks were industry leaders or politicians. I should smoke weed and relax, but no. How do we respect freedom of travel, the enjoyment of riding, the freedom to build bikes and keep roads available? We need to shift our focus first, but we need to do it soon. READ THE WEEKLY NEWS EXCLUSIVELY IN THE CANTINA – Click Here Join the Cantina Today for just $24 per year

In the Cantina – Big Question Weekly News for May 2, 2019 Read More »

Prosecutors drop all charges in deadly Waco biker shootout

Prosecutors drop all charges in deadly Waco biker shootout case that left nine dead, 20 injured and 177 arrested Nine bikers from rival gangs died and 20 were wounded in the deadly shootout when rival Cossacks and Bandidos clashed inside and outside Twin Peaks, Waco The deadly shooting happend outside a Twin Peaks in Waco on May 17, 2015 Police took away 12 long guns, 133 handguns and found 44 shell casings Some 177 were arrested and 155 charged engaging in organized criminal activity Police officers monitoring the group also fired on the bikers, killing at least two Prosecutors announced today that no one will be convicted for the shootout No one will be convicted for the 2015 shootout between rival biker gangs in Waco restaurant parking lot that left nine people dead and at least 20 injured, prosecutors in Texas said Tuesday. In a statement announcing all charges will be dropped in the deadliest biker shooting in U.S. history, McLennan County District Attorney Barry Johnson said any further effort to prosecute the case would be a ‘waste of time, effort and resources.’ ‘In my opinion, had this action been taken in a timely manner, it would have, and should have, resulted in numerous convictions and prison sentences against many of those who participated in the Twin Peaks brawl,’ Johnson said. ‘Over the next three years the prior district attorney failed to take that action, for reasons that I do not know to this day.’ The shooting outside a Twin Peaks restaurant in Waco on May 17, 2015, involved rival biker gangs, the Bandidos and Cossacks, and occurred as bikers from various groups were gathering to talk over matters of concern. Fights and gunfire broke out. Waco police officers monitoring the gathering also fired on the bikers, killing at least

Prosecutors drop all charges in deadly Waco biker shootout Read More »

War on Cars Watch for March 20, 2019

The national stories from across the country. War on Cars Watch, a weekly blog to bring together all the stories that affect motorists with regards to street planning such as road diets, and traffic calming as well as programs such as Vision Zero and Complete Streets. Since its founding more than 30 years ago as the Citizens Coalition for Rational Traffic Laws, the National Motorists Association has been the voice of thousands of motorists who stand up for key principles of drivers’ rights. READ the NMA News Report by Clicking Here – Subscribe to Bikernet Cantina Today Support NMA

War on Cars Watch for March 20, 2019 Read More »

An Eye on Recent Motorist Rights Court Cases

FROM National Motorists Association https://www.motorists.org Motorist rights cases have made news and even history recently. There have been so many as of late, we are dedicating two separate newsletters to provide some insight on the legal rulings that are affecting drivers around the country. This week’s newsletter focuses on recent rulings and pending US Supreme Court and federal court cases. Part 2 next week will outline state court decisions. TheNewspaper.com, featured prominently in these two newsletters, is a great supplement to the NMA’s Motorists.org site for the latest news and opinions on the politics of driving. The US Supreme Court (SCOTUS) Last week’s unanimous decision that curtails excessive government fines and property seizures has provided further impetus for one of the NMA’s primary lobbying initiatives: civil asset forfeiture (CAF) reform. The decision received broad bipartisan praise. Justice Ruth Bader Ginsburg wrote in the ruling that the excessive fines clause is a fundamental restriction that applies to the states under the due process clause of the Fourteenth Amendment. While the SCOTUS decision is monumental, the fight is far from over. Some states still allow the seizure of property from citizens — motorists are prime targets — who have never been charged with a crime. Our work for reform at the federal and state levels continues in earnest. Additionally, SCOTUS accepted a case in January that will decide whether an unconscious drunk person has given implied consent for a blood draw to determine alcohol level. The case might resolve an important constitutional question: Can state legislatures obviate the warrant requirement by “deeming” that citizens can consent to Fourth Amendment searches without explicitly expressing that consent? Federal Appeals Court Cases Judges for the Fifth Circuit Court of Appeals ruled in late January that a person driving a registered vehicle on a public road

An Eye on Recent Motorist Rights Court Cases Read More »

NCOM Convention in Florida Welcomes Riders Nationwide

The 34th annual NCOM Convention is right around the corner, so plan now to be a part of one of the largest gatherings of motorcycle rights activists in the world. This year’s NCOM Convention will be held Mother’s Day weekend, May 10-12, 2019 at the DoubleTree by Hilton – Universal Orlando, located at 5780 Major Blvd., in Orlando, Florida. Topics such as Motorcycle Profiling and “Save the Patch” will be among the many issues concerning our nation’s motorcycle community that will be discussed, as hundreds of bikers’ rights activists from the ranks of motorcycle rights organizations (MROs) and Confederations of Clubs (COCs), as well as independents and other allied riders will gather in “The City Beautiful” to address matters of interest to all riders. Agenda items will cover various legal and legislative issues, with Special Meetings for Veterans Affairs, Women in Motorcycling, Clean & Sober Roundtable and World of Sport Bikes, as well as the Christian Unity Conference and Confederation of Clubs Patch Holders Meeting. Additional seminars will be conducted regarding RICO And Its Effect on Your Organization, Restoring Your Rights, Leadership 101 and “Share the Road” Motorcycle Safety. All motorcyclists are welcomed and encouraged to participate in the many meetings, seminars and group discussions that focus on legislative efforts and litigation techniques to protect our riders’ rights and preserve Freedom of the Road. Be sure to reserve your hotel room now for the special NCOM rate of $114 by calling (800) 222-8733. Registration fees for the NCOM Convention are $85 including the Silver Spoke Awards Banquet on Saturday night, or $50 for the Convention only. For more information, or to pre-register, call the National Coalition of Motorcyclists at (800) ON-A-BIKE (662-2453) or visit www.ON-A-BIKE.com.

NCOM Convention in Florida Welcomes Riders Nationwide Read More »

Scroll to Top