My number was up -- what would you do? - Page 2

Moybin · 07-13-2004, 09:28 AM

I'm seeing a little bit of a trend here concerning tickets. Seems (and I just mean 'seems') like there is a better chance of 'negotiating' with the LEO at the time of the infraction if you are a lone rider. Where groups of riders are involved it 'seems' that the LEO is a bit more cut-throat and less likely to let you off with a warning. Is it because the other riders are inadvertently 'bystanders' (witnesses) and the LEO now has to put on a 'show'?

Simply put, I've been lucky, and haven't gotten caught when doing something hooligan. So I can't speak from experience.

Don Ro · 07-13-2004, 10:26 AM

Good luck, island_dude!
.
My story.
.
Three yrs. ago on a weekday at ~1:00 p.m., I was heading west on Hwy. 84 a mile or so from the coast on a long 50 mph sweeper - stretching out the Duc 996's legs @ ~130 mph (great sound, BTW). As I passed the only vehicle on the road, I gave a slight wave to acknowledge the occupants (a habit of mine - sort of a "I'm sorry for being an a$$"). 'Looked in the mirror to see red lights blinking behind the grille of the older, unmarked Jeep. Pulled over with a load of heart pounding self-condemnation, regret, and high anxiety. Out strolls an older man wearing a cowboy hat, cowboy boots, cowboy shirt, levis, and a Colt .45 auto belted around his pudgy gut. With hands shaking, handing him my papers and license, I nervously said that it was indeed me in the photo when I needed a haircut at the time. In a southern draw, he said, "That's OK, I need one too." I thought, "What a strange/friendly comment. Was there hope for me? No way!"
.
"Tell me, what the hell were you thinking going that fast and why did you wave at us?", he asked. I said, "The road was empty, I was caught up in the moment, plumb eatin' up with the 'dumb-a$$', so I waved as an apology."
.
Standing next to his Jeep, he was on his cell phone for an agonizing 15 minutes or so. Thoughts of being hauled off to jail rushed through my brain. A younger fellow in a suit and a scowl on his face, stood outside the Jeep staring at me. The lawman came back to me, handed back my papers, saying, "You could be in big trouble for what you did here today, son. I'm going to let you go with my advice that you slow down and enjoy life." I about crapped out!!! 'Almost collapsed from relief. Who knew?
.
I called a riding buddy (a superior court judge) that night. He checked into the episode and reported back that the cowboy was a U.S. Marshall and the younger fellow was an FBI agent. Apparently, the Marshall decided to let me off because my papers were in order, I was "clean cut", zero driving infractions, and was honest with him. The FBI agent wanted my a$$ in a sling, however. 'Buddy said, "You got away with a *big one*...unheard of for that level of infraction."
.
That episode straightened out my sorry a$$ big time!
.

markjenn · 07-13-2004, 10:40 AM

For a 30+ over ticket, I'd probably go find a traffic lawyer. They typically charge $350 or so, but in this case, I suspect the fine will this much or more. In many cases, these tickets are automatically "reckless driving" or "negligent driving" and these can cause an immediate rise in insurance rates.

Basically, this is serious enough, I think you need better legal advice then you're likely to get on the internet.

Good luck,

- Mark

Migs · 07-13-2004, 11:10 AM

Jeez, all I did was get a new bike and change insurance co's. Insurance DOUBLED!! Turns out, the new company saw an accident on my license from 2001, and assumed I must be at fault. I was rear-ended, in my car, in 2001... no fault and other insurance co paid in full. Point here is that the Insurance co said that DMV was showing me at fault- BS! DMV only shows an accident, not weather at fault or not. This straight from DMV Albany. Just thought I would mention this point pertaining to license and points.

FDH · 07-13-2004, 11:29 AM

Island-dude, shoemakj may be right; because I don't know the speed you were ticketed for, nor do I know the laws of your jurisdiction, you probably should consult an attorney. Whatever he or she charges you, it may be worth an attorney's advice-might be cheaper that increased insurance premiums for several years. Whatever you do, my advice about how to appear in court stands. After reading one of the posts, I'll add this. Don't swear and don't joke. Once in a while you might find a judge who'll think you're amusing, but that's rare. Be respectful. A courtroom is not a stand-up comedy club. Again, good luck. (a lot of what happens in court is based on luck.) P.S. A lot of the stories you'll hear about the cute, clever, etc. things people claim to have said are just that-stories. I've spent a lot of time in court, and I have seen more than a few people try to be funny. That usually backfires.

island_dude · 07-13-2004, 11:55 AM

I think the cost of a lawyer is probably reasonable expense. I 30 over the limit is a 6 point offence. The fine is not an issues here. The problem is 6 points over 11 years. This is going to cost a huge amount. I can't afford to mess this up. Jim S., can you send me contact info on your attorney (via a private message on the board)?

If there is any slack to be had in the court, at least I have a clean record to support me.