First Ticket on the chiken!
09-21-2012, 09:58 AM
#1
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First Ticket on the chiken!
So this morning on commute to work I obtained my first ticket. I was cruising behind a county cop doing 65 when a large SUV was in my rear view all i saw was grill with baby lights flashing inside. The cop ahead of me pulled a lane over and boxed me into pulling off the interstate on the left. I raised my hand and maneuvered to the farthest right lane to yield. Why would I yield to the shoulder on the left?
On the stop The officer said "good morning, Want to tell me how fast you were going before I tell you how fast you were going?" lol, Politely I answered "If you can be more specific of where you clocked me I can give you a valid answer." He responded with "back there". I said "well if you are pointing to when I overtook the 18 wheeler with the steel rods flopping on the bed and passed your vehicle then several factors came into play." "go on" said the officer. "Im riding with a speedometer that is about 10% faster then my actual speed, I passed the truck for my own safety and accelerated through his blind spot to avoid any confrontation between vehicles and wind draft.
My indicated speed was about 85mph when I came out the other side and passed your vehicle." The officer said "yep that sounds about right as I clocked you at 88 in a 65, License and registration please?" Took my license and registration came back as said "you have been honest and truthful so I lowered your citation from 5 points down to 2 points with indicated speed of 84 in a 65."
I said "correct I was honest, but your aren't being honest. I told you that I am riding with a 10% discrepancy in 6th gear. If im 85 indicated then subtract the 10% which is 8.5mph putting me at 76.5 which is well within the limits of the road and traffic flow. May I see the Radar read from the time of infraction?"
"Sir, if you would like to disprove your ticket in court please submit the bottom of you ticket requesting a waived hearing court date..., Since you have been very cooperative and honest I will let you ride to work without impounding your vehicle"
I smiled "Thank you sir I really appreciate that.. Ill see you in court by trial not waived hearing"
"Ride safe Mr. Claypool"
Bs ticket IMO and hated to stop but the guy was on me for prolly 500yds before I noticed I was concentrating on the marked car in front of me while doing 65ish.. He got the tags so no reason to run lol. Also I might add he was unmarked and in a Ford Explorer.
Overall annoying morning and love his friendly smile fuc*ing.
On the stop The officer said "good morning, Want to tell me how fast you were going before I tell you how fast you were going?" lol, Politely I answered "If you can be more specific of where you clocked me I can give you a valid answer." He responded with "back there". I said "well if you are pointing to when I overtook the 18 wheeler with the steel rods flopping on the bed and passed your vehicle then several factors came into play." "go on" said the officer. "Im riding with a speedometer that is about 10% faster then my actual speed, I passed the truck for my own safety and accelerated through his blind spot to avoid any confrontation between vehicles and wind draft.
My indicated speed was about 85mph when I came out the other side and passed your vehicle." The officer said "yep that sounds about right as I clocked you at 88 in a 65, License and registration please?" Took my license and registration came back as said "you have been honest and truthful so I lowered your citation from 5 points down to 2 points with indicated speed of 84 in a 65."
I said "correct I was honest, but your aren't being honest. I told you that I am riding with a 10% discrepancy in 6th gear. If im 85 indicated then subtract the 10% which is 8.5mph putting me at 76.5 which is well within the limits of the road and traffic flow. May I see the Radar read from the time of infraction?"
"Sir, if you would like to disprove your ticket in court please submit the bottom of you ticket requesting a waived hearing court date..., Since you have been very cooperative and honest I will let you ride to work without impounding your vehicle"
I smiled "Thank you sir I really appreciate that.. Ill see you in court by trial not waived hearing"
"Ride safe Mr. Claypool"
Bs ticket IMO and hated to stop but the guy was on me for prolly 500yds before I noticed I was concentrating on the marked car in front of me while doing 65ish.. He got the tags so no reason to run lol. Also I might add he was unmarked and in a Ford Explorer.
Overall annoying morning and love his friendly smile fuc*ing.
09-21-2012, 10:09 AM
#3
Well take off, eh.
SuperBike
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Just dumb lack of judgement on his part. He obviously does not ride a bike, or he would of understood very well how intimidating it was to be in your situation, with
the flate bed, wind, etc. Sorry to hear that Kardiac.
the flate bed, wind, etc. Sorry to hear that Kardiac.
09-21-2012, 11:42 AM
#4
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Man that's tough. From your side of the story, he didn't even seem to see the judgment call that you made or anything that you said for that matter. Seems you weren't worth his time. That part is way worse than the ticket. How are you supposed to respect him if he doesn't respect you? Meh, it's not even worth getting worked up about. At least you don't have to BE him.
I do things all the time that are "illegal" on the bike for my own safety. Ticket's probably coming and I know that, but it's worth my life to do so any day of the week.
I do things all the time that are "illegal" on the bike for my own safety. Ticket's probably coming and I know that, but it's worth my life to do so any day of the week.
09-21-2012, 12:14 PM
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That's the way I feel 7moore7. The manner in which he pulled me over was aggressive as well. I feel like in no way should you ever box in a motorcyclist with your vehicle and force a yield especially to the left shoulder. I dunno several discrepancies in his ticket as well. I do not ride an 01 nighthawk and his overall account of what happened was from a "cager" point of view.
But at the end of the day in compiling my evidence I can get off the charges pretty easily. Not sure if he knows it or not but I have yet to be on an major interstate where the traffic flow was any where near 65mph people blow past me daily doing 90+. To be in the 65 range is also compromising my safety. My record is clean, no points and no recent infractions and he let me off pretty harshly.
I figure its a day I get out of work early to go to court lol. Still a pain in the *** though.
But at the end of the day in compiling my evidence I can get off the charges pretty easily. Not sure if he knows it or not but I have yet to be on an major interstate where the traffic flow was any where near 65mph people blow past me daily doing 90+. To be in the 65 range is also compromising my safety. My record is clean, no points and no recent infractions and he let me off pretty harshly.
I figure its a day I get out of work early to go to court lol. Still a pain in the *** though.
09-21-2012, 12:50 PM
#6
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So how do you expect to win? Even with the 10% error, you were still speeding. His argument in court will most likely be that your speed to overtake the semi was unsafe. That will stand, it doesn't matter if you thought it was safer to pass at a higher speed rather than follow with a potentially unsafe load. You may get the fine reduced if the judge is sympathetic but I don't see it being dismissed if his radar report checks out.
09-21-2012, 12:55 PM
#7
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I plan on postponing and seeing if he appears for the follow up date. I also can attest that I was safe in the limits of traffic. Speed Limits are not law they are guidelines for safety. If proven with evidence that I made a safe maneuver within the safety confines of the limit I can have it dropped. Not saying its guaranteed but 84 in a 65 is a lot easier to discredit with a perfect driving record then 130 in a 65.
Speeding tickets are mostly at the officers judgement and opinion not law. If I can prove that he didn't have proper judgement or situation evidence then certainly the odds are in my favor.
Appreciate the support lol
Edit: Not sure if it helps but the officer was not stationary he was in the confines of traffic. He didn't witness an event unfold he made a judgement call based on what he was able to put together in peripheral vision.
Speeding tickets are mostly at the officers judgement and opinion not law. If I can prove that he didn't have proper judgement or situation evidence then certainly the odds are in my favor.
Appreciate the support lol
Edit: Not sure if it helps but the officer was not stationary he was in the confines of traffic. He didn't witness an event unfold he made a judgement call based on what he was able to put together in peripheral vision.
Last edited by kardiac996; 09-21-2012 at 12:58 PM.
09-21-2012, 01:10 PM
#8
Well take off, eh.
SuperBike
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Radars are hard to contest. If radar says 84, then you better be very well
equiped to fight that. I know when ever I have had a speeding ticket in the past, I negotiate with court attorney a few days prior to court date, and I always manage to reduce fine and points.
equiped to fight that. I know when ever I have had a speeding ticket in the past, I negotiate with court attorney a few days prior to court date, and I always manage to reduce fine and points.
09-21-2012, 01:30 PM
#9
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whats done is done however. Ill report back afterwards and we will see what i walk with.
09-22-2012, 07:51 AM
#10
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If you asked to see the radar and he didn't let you, that's in your favor. Hopefully you wrote down as much as possible. Have those notes present in the courtroom. I fought and beat one. Best thing would have been to not warn him he will see you again in court, now he can be better prepared. Also, pay close attention to his testimony and listen for discrepancies. Since it wasn't a "normal" traffic stop he may get some minute detail wrong and if he does jump on it. That's how I won!
09-22-2012, 10:50 AM
#12
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1: no authority needed to deprive you of your property and impound your vehicle... Depending on the ADA or Judge, it may be needed after the fact months later when it goes to court, buts a different story.
2: In Texas, any offense is a crime and that includes traffic charges with only two exceptions. Some states break it down into non-criminal activity and title traffic charges as infractions or violations etc. (not crimes), where you cannot be arrested. In Texas, Class C charges are all criminal acts. There are a couple of exceptions where arrests are not allowed such as speeding and the license plate violation.
3:Reckless driving could have easily been cited with the speeds alleged, and that if the LEO wants to makes it a go to jail bike impounded deal with little effort of articulation on the officers part.
I don't know crap about Traffic code or penal code in MD, so none of the above may apply except #1 above.. which applies equally to every state, gated community, and anyplace there are enforcers of law with powers of arrest. You may beat the rap, but you will not beat the ride (nor will your bike)
Last edited by E.Marquez; 09-22-2012 at 10:52 AM.
05-01-2013, 08:18 PM
#14
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Great to hear some justice was (sorta) done. NY cops are nowhere near that polite. I've been actually run off the road into gravel, given a seatbelt ticket while wearing a seatbelt (cop told me he was on a seatbelt initiative).
Given a ticket while not even riding (some bikes outran a cop and he was mad), had the bike impounded while not riding (they took it to a dealer who I was friends with).
I figured in TX they could just shoot the tires out & that'd be legal.
Given a ticket while not even riding (some bikes outran a cop and he was mad), had the bike impounded while not riding (they took it to a dealer who I was friends with).
I figured in TX they could just shoot the tires out & that'd be legal.
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