156 in a 55 zone
 

saw this posted in another motorcycle forum I visit.

http://www.johnsoncitypress.com/Deta...LNEWS&ID=62259

What a bone head........

they can't all be brainiacs

Darwin must have been taking a nap....

what an idiot!!!

he will beat it though, no licence=no ticket. my attorney would be laughing all the way to the court house. I hope he fights it. even though it was a stupid move, all because his bike "matched the desription" does not mean it was him. These cops are really pushing it.....

Guess its time to give up that orange/black look... and possibly a new riding jacket...

You know, I was wondering about that. Assuming that it really was him, the burden of proof remains with the state.
They have to PROVE it was him. He does not have to confess (5th amendment).
Without having stopped him to identify him as the operator, I wonder if they have a case.

Any first-hand experience?

it all depends if he has one & how good his lawyer is....if he goes at it on his own, he probably won't get off

guilty beyond a REASONABLE doubt...

Unfortunately this is probably not the case. Traffic court is handled differently than criminal court as far as evidence, I think. In spite of what your rights may be under the U S Constitution, in traffic court the burden to prove innocence lies with the accused. The police officer is presumed to be more credible than the accused unless he screwed up the paperwork.

he'll beat it in court. i don't know what kind of judge would sign the arrest warrant. the whole time i was reading that i was thinking...."how do they know its him and how can they prove it?"

I have had an experience with traffic courts and L8RGYZ s statement is correct

I had that one bite me in the ass before. While trying to defned myself, my closing statement was something to the effect of: the case boils down to my word against the officers word. there has been no evidence that was brought forth, theirfore the case should be dismissed. Beyond a shadow of a doubt, yada yada.

The judge said while that may be true in criminal court matters, it doesn't apply in civil court cases. Then he gave me the ticket and fined me. :(

They have no case. At trial, I'd show the cop pictures of 10 black/orange bikes w/o plates, riders in silver/black jackets and helmets. all pictures taken at night of bike and rider traveling at 156 mph. Which of these ten bikes/riders did you see officer?

Or just say you don't have a silver/black jacket. And bring your car to court ;)

Yeah......And maybe repaint your bike too.

He's fu@%ed. The police verified his identity earlier, then chased, then the vehicle matching the description is caught speeding at the same time as the BOLO call.
His only hope is to pay more than the ticket in lawyer fees to challenge in a criminal court, some of the charges could even be a felony, that makes it possible to fight in a criminal court.

I think he would get off of the charges without proof that it was in fact him.

I hope he gets off. But I also hope he realizes how stupid that was. If the government doesn't want people to go that fast, they should govern vehicles or have better driver education or better enforcement. I would be happy if all vehicles were governed at 80mph. If you want the restriction removed such as to use a racing vehicle in a closed course event, then you apply to have it removed and not registered with DMV or something like that. For people who use their vehicles on the road and race (like some of us) then have a machine that can program your vehicle at the track to exceed 80. In my experience as a firefighter/EMT, I think this would reduce traffic fatalities by a 1/4. Not to mention curb street racing and such. It would take years to implement, but with technology now, this would not be hard. Current vehicles could probably be retrofitted with the restrictor. But I guess the government is OK with the statistics the way they are. We'll hire some more COPs, increase fines and such, but that is reactive, not proactive. They can restrict the SH** out of emissions, but nothing for speed?

According to the Hurt Report, and a more recent study in Europe (can't remember the name), the average speed of the bike in an MC fatal accident is something like 27-29 mph. I don't remember exactly what percentage of fatals occur at 80+ mph, but it is small enough to be statistically insignificant.

The only benefit from letting Der Fuhrer, I mean our kind and loving government, control the speed of our vehicles would be the money to be made by those hacking/removing the technology.

More people die each year falling down stairs and off of ladders than in MC crashes, but let's not talk about it too much. I don't want to have to wear a goobermint approved helmet next time i need to get up on my roof.