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Illegal to wear earplugs while riding?


Wojo72

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Eh... the job of the magistrate is to apply the law. The law says no plugs. I highly doubt standing in front of him and explaining that you broke the law because it's bullshit would move him.

Hypothetically speaking, "necessity" could be a viable defense.

You just have to show that the harm prevented is greater than the harm perpetrated.

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If everyone who got a traffic ticket or minor misdoneamer would plead not guilty. It would clog our court systems up and guess what ? Eventually the horseshit indescriminate revenue gather YOU probably support stops... End of story.

I can only speak for what I have experienced, but most traffic cases are not difficult to win - especially against untepresented defendants.

That said, it's a cost/benefit analysis. How much of your time are you going to spend disputing a $130 ticket?

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And the e-thuggery begins.

I'm out of this conversation, sick of zx and his bullshit. All I ever see you do is fight on here dude. I wonder if you talk that shit in person...easy to act hard online. Hard not to be as big of a raging prick as you are in real life without getting the shit knocked out of you on the reg. Now take your last word and enjoy your virtual victory tough guy.

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If everyone who got a traffic ticket or minor misdoneamer would plead not guilty. It would clog our court systems up and guess what ? Eventually the horseshit indescriminate revenue gather YOU probably support stops... End of story.

I can only speak for what I have experienced, but most traffic cases are not difficult to win - especially against untepresented defendants.

That said, it's a cost/benefit analysis. How much of your time are you going to spend disputing a $130 ticket?

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Guarantee fighting a ticket over ear plugs will cost you more money in the long run from missing work even twice to go to court. Unless you work night shift.

Can't be more than $150 ticket I wouldn't think.

But regardless, yes, this is dumb.

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I always wear plugs, and to those that believe your hearing is "OK" and that you don't wear them........you are fooling yourselves. I feel naked without mine in, and I cannot stand how loud and obnoxious all the wind noise is "that is what causes the damage some of you claim is not occurring". To each their own, but you are not doing yourselves any favors by not wearing them I can assure you of that.

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You guys have to stop assuming that every cop in the world is actively searching for ways to screw with law-abiding riders.

 

Wear earplugs if you feel it is necessary to protect your hearing from wind-noise.  Then don't blatantly break any laws.  It's not that hard to stay within 10mph of the posted limit...

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Ooohhhh how about this then. If you are so concerned it being illegal call up your state legislature and tell him to change the law.

Either do that, get a ticket and fight it or don't. I am not a fan of earplugs and have no place on the street and I support thus prohibition. But I also support prohibition of anything beyond a basic am/FM radio in a car, along with removal of all vanity mirrors and installing cellphone jammers in every car.

This is the one thing I am not libertarian about because driving distracted is far from a victimless crime even if you don't hit anyone.

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So why do you support radios in cars?

And how the hell are ear plugs distracting? It's literally a foam plug that protects your hearing from wind noise...

You can still hear emergency vehicles just fine.

Edited by magley64
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You guys have to stop assuming that every cop in the world is actively searching for ways to screw with law-abiding riders.

 

 

 

I've been pulled over 3 times within the last 2 months riding. One time I had my visor up (but according to how I understand the law, I have a windscreen therefore I technically don't need eye protection, the law doesn't say how high up the screen has to be I just have to have one) I was stopped at a light with my visor up, still got stopped.

 

They asked me for my ID each time, each time I asked them what law did they accuse me of breaking. None of them provided me with an upfront answer except the visor incident (only after I showed ID did he tell me), that officer got "hostile" with me and told me if I was not following the orders of a law enforcement officer he was going to arrest me after I told him I wasn't going to provide ID until he told me what I did. I gave it to him so I didn't get thrown in the back of the car.

 

The other 2 times I asked for the supervisor and they let me go (without me showing my ID). All incidents were within 2 miles of my house. Each time they couldn't tell me why they pulled me over (except the visor one). Yea...... Idk what it is, maybe I just look like I am up to no good.

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I can hear more with earplugs than without.

 

Correct.  The reason is that your brain doesn't have to waste cycles weeding through high-frequency white noise brought on by the wind.  In fact, most professional musicians playing in loud venues either wear foamies or invest in custom-fit, musical-grade attenuators, not only to save their hearing, but also to better discern musical detail.  I know, that sounds contradictory - wearing noise attenuators to better hear the music - but it's how the brain works.  See here for a little more about why musicians do it.

 

When I was young, I played a lot of gigs with powerful amps and attended a bunch with even bigger rigs.  I didn't notice it at the time, but it definitely damaged my hearing.  I now experience a distinct ring from the tinnitus all the damned time and there is no surgical or pharmaceutical solution for it.  Had I bought good quality earplugs when I was young, I'd have much better hearing today.  The good thing is that I wised up and am taking action to prevent it from accumulating even more.

 

So, I wear earplugs every time I ride for more than 30 minutes and I love it.  Less fatigue, I can still hear middle and lower frequencies just fine, I can hear my friends on the intercom, pedestrians, car horns and everything else, just without the massive din of wind noise.

 

The law against earplugs was never written for motorcycles and is out of sync with what's good for us and everyone around us.  Sure, most enclosed cars don't need any more attenuation, but bikes and open-top cars are a different matter.  If we're going to let motorcyclists NOT wear a helmet, we should at least let them protect their hearing and distinguish middle and lower frequencies better.

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I've been pulled over 3 times within the last 2 months riding. One time I had my visor up (but according to how I understand the law, I have a windscreen therefore I technically don't need eye protection, the law doesn't say how high up the screen has to be I just have to have one) I was stopped at a light with my visor up, still got stopped.

 

They asked me for my ID each time, each time I asked them what law did they accuse me of breaking. None of them provided me with an upfront answer except the visor incident (only after I showed ID did he tell me), that officer got "hostile" with me and told me if I was not following the orders of a law enforcement officer he was going to arrest me after I told him I wasn't going to provide ID until he told me what I did. I gave it to him so I didn't get thrown in the back of the car.

 

The other 2 times I asked for the supervisor and they let me go (without me showing my ID). All incidents were within 2 miles of my house. Each time they couldn't tell me why they pulled me over (except the visor one). Yea...... Idk what it is, maybe I just look like I am up to no good.

 

Officers can initiate a traffic stop any time they have reasonable suspicion that any law is being broken, and you are required to provide your personal information to them to facilitate that investigation http://codes.ohio.gov/orc/2921.29

 

You're getting hung up on WHEN you're told what you're accused of.  You'll find out when you're cited or charged.  If there was no valid basis for the underlying stop, then you'll win a suppression hearing, and the case will likely be dismissed  -  but you can't try the case on the side of the road against a police officer who isn't an attorney.   That's not the venue to make your argument.

 

I understand your annoyance, but either there's a valid reason for stopping you, or there isn't.  If there isn't then it's probably quicker and less aggravating to cooperate and be on your way.  If it becomes a pattern, then file a harassment suit.  

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Yeah, I don't think that circumstance is a matter of being uncooperative, if you ask a officer why they stopped you and they won't answer you, then I think THEY are being uncooperative with you thus leading to you being uncooperative with them. Vicious cycle, like many things in this world.

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Yeah, I don't think that circumstance is a matter of being uncooperative, if you ask a officer why they stopped you and they won't answer you, then I think THEY are being uncooperative with you thus leading to you being uncooperative with them. Vicious cycle, like many things in this world.

 

I don't disagree with you in principle, but the law doesn't require police to disclose the status of their investigation to suspects.  If it did, that would put a complete stop to all undercover work.  "are you a cop?  because if you're a cop, you have to tell me." 

 

if an officer is refusing to tell you why they pulled you over, that is just building your case that they didn't have any reasonable suspicion that you were committing an offense, and they're just fishing.  Like I said before, that would be a suppression issue, and something to try in court, not on the side of the road.

 

It sounds like people are confusing the right to be notified of what they're charged.  That IS a right, but not until the investigation is complete, and the charges are being pressed.

 

 

I completely understand the frustration with the process, but that IS the process.

Edited by redkow97
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Officers can initiate a traffic stop any time they have reasonable suspicion that any law is being broken, and you are required to provide your personal information to them to facilitate that investigation http://codes.ohio.gov/orc/2921.29

 

You're getting hung up on WHEN you're told what you're accused of.  You'll find out when you're cited or charged.  If there was no valid basis for the underlying stop, then you'll win a suppression hearing, and the case will likely be dismissed  -  but you can't try the case on the side of the road against a police officer who isn't an attorney.   That's not the venue to make your argument.

 

I understand your annoyance, but either there's a valid reason for stopping you, or there isn't.  If there isn't then it's probably quicker and less aggravating to cooperate and be on your way.  If it becomes a pattern, then file a harassment suit.  

 

Reasonable suspicion? Sure, visor up while not moving sure is suspicious.... I don't see any reasonable suspicion at all. The other two times a car was in front of me and a few behind me (because I was going the speed limit and visor down), they couldn't even tell me what I "did" and let me go....

 

So that basically means they can pull me over anytime they want. Oh that guy's eyes are slightly closed and extremely slanted, he must be high as fuck and or sleeping at the wheel!

Edited by TimTheAzn
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Reasonable suspicion? Sure, 20 in a 25 twice and visor up while not moving sure is suspicious.... I don't see any reasonable suspicion at all.

 

So that basically means they can pull me over anytime they want. Oh that guy's eyes are slightly closed and extremely slanted, he must be high as fuck and or sleeping at the wheel!

 

 

They absolutely can. The only question is whether or not the fruits of that stop will be admissible in court.

Edited by redkow97
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They absolutely can. The only question is whether or not the fruits of that stop will be admissible in court.

 

Cool so I should just accept the city of Lakewood and Bay Village just can pull me over and waste my time whenever they want. Sweet!

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