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neighbors accusations

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motorcycle ride

Junior Member
What is the name of your state? Pennsylvania
I started riding a motorcycle last summer. I have two elderly neighbors who claim my bike is too loud. Everytime I ride my bike, they call the police complaining about the noise. It has a current state inspection, and several officers started my bike and determined it was a normal sounding bike.
As I said, they called everytime I ride my bike. The police come to my home and informe me @ the noise complaint, listen to the bike and tell me It is legal. I contacted my local magistrate because I was concerned about the constant police calls. He informed me, since it was close to winter, just let it go and see what happens.
I recently rode it on a nice day and NOW several days later I received a site summons for RECKLESS DRIVING AND CARELESS DRIVING AS REPORTED BY NEIGHBORS!
I pleden not guilty and have a date in traffic court. The two neighbors are planning to be there. I do have a nieghbor who will testify in my defense, she was outside and witnessed me driving when the neighbor called to police. She did tell the officer I did nothing wrong.
What else can I do to protect myself? It seem I have no rights in the matter? I didnt know such a charge could be filed.
All the police visits have been for the NOISE, no one ever mentioned speed or reckless driving. For the record, I am innocent and feel I am the victim here.

Please advise
 


Jim_bo

Member
What is the name of your state? Pennsylvania
I started riding a motorcycle last summer. I have two elderly neighbors who claim my bike is too loud. Everytime I ride my bike, they call the police complaining about the noise. It has a current state inspection, and several officers started my bike and determined it was a normal sounding bike.
As I said, they called everytime I ride my bike. The police come to my home and informe me @ the noise complaint, listen to the bike and tell me It is legal. I contacted my local magistrate because I was concerned about the constant police calls. He informed me, since it was close to winter, just let it go and see what happens.
I recently rode it on a nice day and NOW several days later I received a site summons for RECKLESS DRIVING AND CARELESS DRIVING AS REPORTED BY NEIGHBORS!
I pleden not guilty and have a date in traffic court. The two neighbors are planning to be there. I do have a nieghbor who will testify in my defense, she was outside and witnessed me driving when the neighbor called to police. She did tell the officer I did nothing wrong.
What else can I do to protect myself? It seem I have no rights in the matter? I didnt know such a charge could be filed.
All the police visits have been for the NOISE, no one ever mentioned speed or reckless driving. For the record, I am innocent and feel I am the victim here.

Please advise

If it were me, first I would look up the statutes that are cited on the summons. I would learn all I could about the laws quoted and the statutes that give the neighbors the rights to file such a claim. After I beat them in court (I'm sure you will), I would file suit against them in small claims court for any and all expenses involved with your defense. I would use words like "malicious prosecution". You will likely loose just as they are likely to loose, but they have fired a shot across your bow. You need to return fire.

Like I said, that's what I would do if it were me... but I am a tactless jerk when it comes to these things.
 

motorcycle ride

Junior Member
Thanks Jim_BO
I like how you think!

I need some help,
where can I fing info @ PA statute PAVC ?
Thus far, I have hit a brick wall
 

cepe10

Member
I wouldn't worry much with no one offical as a witness. Make sure to bring lots of evidence of the invalid complaints they have made. I'm surprised the police would even bother to entertain the complaint with a citation/summons...

§ 3714. Careless driving.

Any person who drives a vehicle in careless disregard for the safety of persons or property is guilty of careless driving, a summary offense.

http://members.aol.com/StatutesP2/75PA3714.html

The statute is both vague and overbroad... what "property" and what "persons" were in what "danger" is always good to bring up on this "fits all" charge.:)

FWIW, falling asleep at the wheel has been shown to be careless driving in PA courts...but below that level of neglectfull driving...idk...
 

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