Battle of Cowpens Anniversary id this weekend. Get out and live some history. If it were not for this battle there may not have been a United States. ~FF
1) NC Helmet law: It's All About The Money
2) The War of Attrition to Regain Our Liberties:Fighting NC’s Helmet Law
3) Riding in the Snow and Ice
4) Need something to "Shake Up" the Winter Blahs?
5) Cowpens Anniversary Event Frequently Asked Questions
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1) NC Helmet law: It's All About The Money
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NC Helmet law: It's All About The Money
January 18, 2008
I saw an encouraging newscast this morning on WRAL (Raleigh - TV 5). They reported on the overwhelming volume of court cases in Wake County and the need to appoint more judges to deal with the increasing number of citations in the already over-burdened judicial system.
Although I hate to see new judges appointed (bigger bureaucracy) , it is certainly support for our approach. By forcing the system to overlook or dismiss many of the cases we bring before it solely to make room on the docket for more serious crimes (i.e., DUI) and other (more profitable) infractions.
I remember from Terry Malpass' reporting of his case that on his first day in court, there were several hundred citizen/defendants and the court had to bring in outside prosecutors to help manage the processing. None of the cases were heard (in that court) that day... they hired attorneys just to handle the administrative processing.. .
Please continue to disseminate the word about the project, and
encourage cited riders to go to court and exercise their right to a fair trial. I am confident that our efforts will help in turning this oppressive law around by encouraging the courts to avoid hearing our cases to avoid the hassle and wasted time.
Time is Money. Remember... paying the fine is what they want us to do. Every $100 fine they receive in the mail encourages them to write another citation. Every day the officer spends tied-up testifying in court reduces the number of citations he can write for other infractions and, encourages him/her to avoid writing citations for helmet infractions.
If it costs more to try our cases than they earn in fines, reasonable officials will stop citing us and, seek an alternative funding source.
Keep the Faith!
doc ski
Legislative Director
CBA/ABATE of NC
PO Box 1189
Fuquay-Varina, NC 27526
www.cba-abatenc.org
More info -> http://www.wral.com/news/local/story/2315220/
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2) The War of Attrition to Regain Our Liberties:Fighting NC’s Helmet Law
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The War of Attrition to Regain Our Liberties:
Fighting NC’s Helmet Law
Written by FastFred Ruddock, April 2, 2007
Sometimes it is more important to stand up and fight for your rights than if you win or lose individual battles. Old timers in the battle against North Carolina’s helmet law told me they were impressed I was even able to get as far as I did in bringing my case through the court system. They also admonished me that I may never get the chance again and should savor this experience. Apparently they feel the state keeps a list of “trouble makers” in their database so when a tag number is entered in a computer the police officer knows whether or not to issue a helmet ticket. I can neither confirm nor deny this theory at this time. However when I ride in North Carolina I still decide and plenty of police officers have seen me do so yet none have made any effort to issue me another helmet ticket.
To keep everything in perspective that it is the law rather than the device I oppose: I wore my full face DOT helmet through the full length of I-26 in South Carolina. However I removed that helmet for my 100 plus mile ride from the state line of North Carolina to Bryson City deep in the Smoky Mountains. I passed many state troopers and local police officers along my freedom ride to court. However none of these law enforcement officers made any effort to deter or stop me let alone issue another ticket for violating NC G.S. 20-140.4. I arrived in Bryson City and settled in before dark. I was required to be present in court prior to 9 AM to oppose my helmet ticket. I rode past the Bryson City Police Department as they changed shifts on my way to court; many police officers were in the parking lot by their cars as I rode by without a helmet and they all stopped and stared hard yet none made an effort to pursue.
I arrived early to court to a nearly empty courtroom. The bailiff at the metal detector smiled and told me I looked well prepared with my huge stack of paperwork. I took a seat near the front of the courtroom for what would prove to be a long and educational day. By 9:00 AM the courtroom was packed to standing room only. When roll was called I got a sneaky suspicion the District Attorney or DA knew who I was as he looked right at me when he called my name; I confirmed I was pleading not guilty and representing myself. Most present in the courtroom were content to merely surrender to the DA without a fight and pay fines of $100 or more dollars and court cost ranging upwards to $300 or more. The greatest majority of folks were processed in far under 5 minutes as they paid the state fines without a fight. While I did not count the number present I suggest it would be reasonable to say the number processed easily exceeded 100.
As the day wore on it became clear they intended to empty the courtroom prior to hearing my case. I suspect they were afraid of educating the masses present about their rights and ability to do more than just surrender and pay. Keep in mind putting up a fight in no way increases the fines or court costs you pay following these methods. Finally there were only four of us in the courtroom and the DA asked my companions why they where present and if they had business; FU let them know he was present in my support. I was then called forward. When I took my seat at the defense table two opposing lawyers took their places at the prosecution’s table. This really tickled me that they were so worried about this case they were willing to pay two lawyers to oppose one longhaired hillbilly biker with no lawyer. I smiled to myself confident they had already wasted far more money than the maximum fine and court costs I could be ordered to pay.
Then things really got interesting and it all seemed like a well choreographed production. The female lawyer began asking the state trooper various simple questions about who he was and what he did for a living as if we did not know based upon his uniform. The most interesting tidbit of information was he had been a trooper for six years. Then she asked him to relate what happened before and during the stop. At this point the trooper lied on the stand before changing his testimony to that he could not remember or recall if I was wearing anything upon my head. I am relatively sure this was a planned maneuver to sucker me into taking the stand when my case was in reality based solely upon points of law. On the other hand the DA grilled the trooper about the fact he never determined if I even had a helmet that met with his approval.
One of the more interesting or rather entertaining moments was when the DA introduced into evidence an article from the Full Throttle of the Carolinas magazine I had written. It was at this moment I both felt foolish and at the same time the desire to laugh. I wondered just how long it took these two nerdy looking lawyers to dig up that piece of evidence. Then the thought of how many hours and resources the state had been invested into my case before I even arrived at the courthouse entered my mind. At that moment I realized regardless how the case turned out I had indeed won a moral victory. The female lawyer read from my article and it was all I could do not to laugh or smirk. I have a strong feeling I was not the only one trying to keep a straight face. At this point as my assistants taking notes in the audience lost concentration and omitted a few items.
She relished reading about how I rode away from the stop without a helmet and how many lidless miles I enjoyed that day. The final quote she read from the article seemed to really fire up the state: “The lidless rides will continue and you are invited to join in the fun.”
Another important thing to remember when going to court and taking part in civil disobedience is that psychology will be used against you. Police officers and DAs are trained to use psychology to manipulate citizens and defendants. When I attempted to enter into evidence letters and statements from NCDOT and NHSTA the DA told a lie or rather used a blanket statement in an attempt to summarily dismiss my entire stash of evidence. The trick worked initially. However when I began my final arguments the judge told me I must use points of law to backup my case. I responded and told him that my points of law and brief along with all my exhibits had been refused by the DA as hearsay. The judge raised an eyebrow and made the DA re-examine my court brief. She did not look happy but had to relent and allow the brief to be submitted to the judge. I now suppose much of my materials could have been entered into evidence had I known more about the rules of evidence (NC G.S. 8C Evidence Cod
e).
The judge spent a great deal of time reading my brief of case complete with many points of law supporting my case. He took copious notes and appeared to be quite engaged with the reading. After studying the materials for nearly 15 minutes he looked up and said, “Mr. Ruddock I am very impressed with your brief” (Statement of Case/Brief 1.04 MB PDF). However I failed to gain standing to make a constitutional challenge because I misspoke at the traffic stop, in print, and in court. My mistake was referring to my chosen “safety helmet” with any words other than “safety helmet” such as “head cover” or hat. As a result the judge found me responsible and I was fined $25 and charged $75 in court costs.
The judge seemed to really enjoy the case and looked as if he might laugh as he read out the minimal fine and court costs that are mandated by the Legislature for this infraction. The bailiffs patted me on the back as I left and told me I did one fine job representing myself. One of the bailiffs also has a bike similar to mine it turns out. My friend FU asked the state trooper who ticketed me if he would be willing to take a photo with us by the bike. Trooper Crisp respectfully declined due to an official policy.
While I may have paid $100 please keep in mind the state had to pay two lawyers, one judge, two bailiffs, two state troopers, and at least two clerks. Additionally the courthouse stayed open beyond normal hours to complete my case and other clerks were working in the clerk’s office. How much was spent prior to court in research, planning, and rehearsals is anyone’s guess but I bet it was a lot more than $100. Prior to my case being heard the troopers last case was hours before mine. I take some solace in knowing I kept two state troopers off the highway all day long. Additionally FU pointed out to me the trooper seemed in a hurry as he left; FU supposed the trooper did not want to see me ride off yet again with no lid.
Considering it took the state over an hour to deal with me and with simple math you realize that as few as seven bikers could tie up a court room for a full day. When you realize there are over 160,000 bikers in North Carolina the lag becomes 23,000 days. Considering NC has 100 counties and there are 365 days in a year the actual delay works out to one year for the entire system if court was held every single workday in every single courtroom in the state. This would prove to cost society far more in enforcing this law than any imagined social burden our enemies speak of with forked tongues before the legislature. Now imagine if every biker simply went out and got just a single ticket and fought that ticket in court much as I have done. Either the law would be repealed or enforcement would end but either way we would win!
Additional reading and sources of useful information available at
http://www.fastfreds.com/articles/warofattrition.htm
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3) Riding in the Snow and Ice
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http://www.motorcyclecruiser.com/streetsurvival/riding_in_cold_and_snow/index.html
Riding in the Snow and Ice
If it was not such a warm day (despite the snow), he'd want his face covered to prevent being chilled in a hurry.
If you get caught in a snowstorm, don't panic. Riding on snow just requires you to slow down, be very smooth, and allow plenty of distance to stop. Make ultragentle inputs with brakes, clutch, steering and throttle. Make sure no one is following too closely. Falling down at low speed on a slick surface probably won't hurt you, but if the car behind you can't stop or doesn't know how, it will be nasty. Also, don't expect drivers to recognize how precarious things are. Falling snow will make you harder to see and they will cut you off, turn in front of you, and stop without warning. Unless it's a light, brief snow or you are close to home, head for the closest motel or eatery, or the quickest way out of the storm. (Go back down the mountain, for example.)
The other hazard of cold weather is ice. Watch out for those bridges that freeze before the roads do, and be alert for black ice in shady areas. More than one rider I know has crashed on unseen ices in Southern California's canyons on winter nights. If you must cross an icy patch or even a suspected one, keep the bike slow, straight and steady, and minimize the inputs as mentioned above. Squeezing in the clutch and free-wheeling across the ice will keep you from applying either too much or too little power to the rear wheel. As a rule, you will be steadier with your feet on the pegs or floorboards than dragging them. Also watch for sand placed in corners to deal with the ice.
If you have the proper gear and avoid the slick spots, riding in cold weather can be as comfortable and fun as riding on warm days. And the investment you make in cold-weather gear simply enhances your investment in your bike.
FF Note: Visit the URL form the complete article...
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4) Need something to "Shake Up" the Winter Blahs?
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http://www.ashevillebeerfest.com/
Need something to "Shake Up" the Winter Blahs?
Join us for the 1st Annual Winter Warmer Beer Festival!
Mark your calendars for the 1st Annual Asheville Winter Warmer Beer Festival! Asheville Brews Cruise, French Broad Brewing Co. and The Garage are co-hosting a winter beer festival on Saturday, January 19, 2008. This event will be held at The Garage at Biltmore (next door to French Broad Brewing Co.) from 3:00 - 7:00pm.
Bands playing at the event are: Marc Higgins Band & Dehlia Low
A portion of the proceeds will be donated to the Alzheimer's Association.
Tickets are $35pp and will include a souvenir mug, samples during the event, and BBQ provided by Luella's. Tickets can be purchased on the day of the event starting at 9am at The Garage. Advanced tickets may be purchased in January, please call for details:
Chris Hart @ 828-505-2663
Mark or Trish Lyons @ 828-545-5181
Tentative Brewing Participants include:
French Broad Brewing Co.
Highland Brewing Co.
Green Man Brewing Co.
Pisgah Brewing Co.
Asheville Pizza & Brewing Co.
Heinzelmannchen Brewery
Catawba Valley Brewing Co.
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5) Cowpens Anniversary Event Frequently Asked Questions
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https://cms.ser.nps.gov/cowp/planyourvisit/anniversary-event-frequently-asked-questions.htm
Cowpens Anniversary Event Frequently Asked Questions
There are several frequently asked questions that visitors have about the Cowpens National Battlefield anniversary celebration.
1. What is the Battle of Cowpens?
The Battle of Cowpens was a Revolutionary War Battle that the Americans won in less than an hour. It got its name from the Cow Pens, a well-known backcountry landmark, where it occurred.
2. Why is it important?
The Battle of Cowpens was one of only a few Double Envelopments in history and the only one to happen in the Revolutionary War. Military groups still come to the battlefield to study how the American commander, Brigadier General Daniel Morgan, was able to accomplish this classic military maneuver in which the enemy is drawn in and their flanks are turned.
In addition, the Americans had been losing badly in the Southern Campaign of the American Revolution up to this point. There had been small victories of patriots over loyalists, but when they won at the Cow Pens against actual British soldiers, it gave the Americans the morale boost needed to continue fighting and win at Yorktown, VA just nine months later.
3. Who were the sides fighting?
This was the American and British armies fighting.
4. When did the battle take place?
The Battle of Cowpens took place on Wednesday, January 17, 1781.
5. What is unique about the battle?
The Battle of Cowpens was on of only a few Double Envelopments in history and the only one to happen in the Revolutionary War.
6. Why is there an anniversary for it?
We know that at least as far back as 1849 citizens have celebrated the American victory at the Cow Pens by firing weapons and giving speeches. In 1929, Congress recognized the significance of the battle and set aside a site to protect and preserve the place where Daniel Morgan’s victory occurred. The National Park Service continues to celebrate the anniversary to honor those who fought for our freedom and to share with our visitors know the importance of the Battle of Cowpens.
7. What takes place during the reenactment/event?
We hold our anniversary celebration on the weekend closest to the anniversary of the battle. This year it will be January 19 – 20. Although there will not be a battle reenactment, there will be reenactors in 18th century clothing who will be give weapons firing demonstrations, Revolutionary War cavalry demonstrations, and have military camps set up. Park rangers will give guided battlefield walks. Two authors will speak and have book signings. We also will have an 18th century traveling entertainer and a children’s area where they can participate in 18th century activities such as writing with a quill pen, making dummy musket cartridges, punching tin, and learning the von Steuben weapons drill.
8. Is it family oriented?
This is definitely a family-oriented event. We have something for men and women, boys and girls, the serious history enthusiasts and those with a passing interest. This is the first time we have had an area set aside for children, and I’m really excited about it.
9. Do you have a schedule of events?
For a complete schedule of events, visit our webpage at http://www.nps.gov/cowp/planyourvisit/events.htm.
10. Are there any fees?
This event is free!
11. What do people need to participate or enjoy the event?
* Visitors should remember to dress appropriately for the weather.
* There will not be food available for purchase in the park this year. We have a picnic area with 22 individual tables and a picnic shelter. A roadside market is located outside the park’s main gate, and numerous restaurants are located in both Chesnee and Gaffney.
* For your safety and that of the horses, park regulations prohibit visitors from getting within 6 feet of the horses.
12. Where does the event take place?
Most events will be behind the Visitor Center, although some will be inside the Visitor Center and at the Robert Scruggs House on the park.
Cowpens National Battlefield is located 10 miles west of Gaffney, SC, and 3 miles east of Chesnee, SC at the intersection of Highways 11, 110, and 221-A.
From I-85 northbound, take exit 83. Turn left onto Hwy 110. At the intersection for Hwys 110, 11, and 221A, turn right. The park is on the right.
From I-85 southbound, take exit 92 at Gaffney, west toward Chesnee on Hwy 11. The park is about 10 miles on the left.
From I-26 eastbound, take exit 5, east toward Chesnee on Hwy 11. The park is about 20 miles on the right.
From I-26 westbound, take I-85 North. Take exit 83. Turn left onto Hwy 110. At the intersection of Hwys 110, 11, and 221A, turn right. The park is on the right.
13. What are some things you enjoy about the event? Why?
My favorite part of the event is the guided lantern-lit walks on Saturday night. During these 30-minute walks, visitors have the opportunity to become part of the event as they interact with the reenactors in different scenarios about “what might have happened” the night before the battle. Visitors pass through several checkpoints and active participants must think on their feet as they encounter people who question them about why they are on the road that night. Passive participants enjoy observing the interchanges. I enjoy it because the visitors make each walk unique.
14. What is the history of the battle and the event?
We can document that at least as far back as 1849 citizens have celebrated the American victory at the Cow Pens by firing weapons and giving speeches. In the mid-1970s’, the park expanded from the original 1 acre designated by Congress to the 842 acres it is today. During that period the National Park Service began having ceremonies acknowledging the battle anniversary. The park held a major event for the 200th anniversary in 1981 and has continued to celebrate the anniversary ever since. While the basic format of 18th century weapons firing demonstrations and speeches is consistent each year, we also try to do at least one thing different or add something new to keep it from getting stale.
15. Who can people contact for more information?
People can contact Donna Davis or anyone of the VisitorCenter staff at (864) 461-2828.
16. Do you have anything else to add?
The featured author/speaker this year is John Ferling, author of Almost a Miracle: The American Victory in the War of Independence. He will speak on “100 Days That Shook the World”, an article which first appeared in The Smithsonian magazine. Following his 1:00 p.m. talks on both days, Dr. Ferling will sign copies of his book. Almost a Miracle was the History Book Club’s featured choice in June 2007. Dr. Ferling, a retired American history and US military history professor from the University of West Georgia, has appeared in several documentaries on PBS, the History Channel, and the Learning Channel.
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