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post #1 of 23 Old 06-18-2012, 05:58 PM Thread Starter
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Would you fight it?

A few years ago, on NY's eve at about 5, I picked a friend up at the airport. We were pulled over and cited for speeding and following too close. Total BS. There is a mile space in the highway where the speed drops from 65 to 55. I was going with the flow and NOT following too close. It was a BS ticket. I fought it via writing (in CA you can state your case in writing, the officer does the same, and even if you lose, you can still appear in court). Both counts dropped.

On our recent road trip, I was driving a rental car I was not used to. SLO had just been killed. I was driving through his neck of the woods. My wife is pregnant. My 3yo daughter was asleep. I was SUPER aware of traffic dangers. Let's put it that way. So, I was cruise controlling it at about 68 the whole trip.

So, we are in the left lane of a two lane highway (less deer). There are two cars in the right lane. About 10 and 15 feet ahead of me. All of a sudden a jacked up pickup comes roaring up behind me (he must have been going near 100), and plants himself ON MY ASS. Like a few feet off my back bumper. Freaked me out. So, I punch it and pass the two cars on the right. No room to drop in behind.

Sure enough, as soon as I make my pass I see the CHP with a radar gun, pulled over, I explained, he didn't give a shit. Cited me for 85. 400 some dollar fine. I can take traffic school, but that's another 100.

I feel I did the right thing. The officer claimed to have not seen anything resembling what I described. He didn't care.

Would you fight it? If I was just speeding, fair enough. I'd bite the bullet, but I honestly thought we were in an unsafe situation and accelerated just enough to get back in the slow lane (where I should have been in the first place). Saw the same cop in the same place on the way back. Obvious speed traps through that part of rural-ish CA.

What would you do?




"In a car you're always in a compartment, and because you're used to it you don't realize that through that car window everything you see is just more TV." R. Pirsig

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AKA JD Mader or you can call me "Dan" just not early for dinner.

Click my handle for a link to my homepage/blog...which has nothing to do with MCs. Free literature and music! Viva La Revolucion!
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post #2 of 23 Old 06-18-2012, 06:07 PM
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Having had my fair share of f'ed up tickets. The fact that you admit to speeding up may just sink you with the judge. On the other hand maybe he rides. Cause anyone who does, knows that sometimes the throttle is your only friend.
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post #3 of 23 Old 06-18-2012, 06:37 PM
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Doesn't hurt to fight it, there are lawyers out there you can usually hire too. It's usually about 200 bucks if they get you off, free if they don't.

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post #4 of 23 Old 06-18-2012, 09:26 PM
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I don't think I'd bother fighting it, I'm guessing the courts would see it as pretty much cut and dry... They don't really care about the event's prior to the speeding, just the speeding itself. Sorry Bro, that's my take on it anyway.

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post #5 of 23 Old 06-19-2012, 08:59 AM
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LJ, I know exactly what you are saying. I guess the first thing I'd do is call the officer's home district and find out if said officer is current on his certification to operate his speed equipment. Yes they do have to certify and keep current. A friend of mine got a ticket here in NE from a county deputy. He was just going to pay the ticket. Then someone told him to check the officer's creds. He called the county where the officer was based, and found out the officer in question had never been qualified on the equipment. He then called the county attorney and had the ticket dismissed. About two months later he got a nice letter in the mail notifying him that the officer had now been certified... It's worth a shot.

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post #6 of 23 Old 06-19-2012, 03:30 PM Thread Starter
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Good thoughts all, thanks y'all. I have no problem taking my lumps, but when the law is blind to common sense it pisses me off. Big time.




"In a car you're always in a compartment, and because you're used to it you don't realize that through that car window everything you see is just more TV." R. Pirsig

PPMC #1.
Soon, we ride.

AKA JD Mader or you can call me "Dan" just not early for dinner.

Click my handle for a link to my homepage/blog...which has nothing to do with MCs. Free literature and music! Viva La Revolucion!
-------------------
2008 KLR 650
RIP DM - Soon, we ride.
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post #7 of 23 Old 06-19-2012, 11:37 PM
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Just to add fuel to the fire: I don't like revenue raising LEO's. I think there are a lot of them. They don't contribute to a safe riding environment. They demonstrate very little understanding of what it's like to ride a motorcycle in the real world. Sounds like you did what any rider would do under the circumstances. I support your decision. Fight them.
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post #8 of 23 Old 06-20-2012, 12:55 AM
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For what it's worth, even though the outcome may suck, I think you did the right thing, Lockjaw. What else could you do? Wife and kid in the car, the tailgating pickup preventing you from getting in behind the cars in the right lane....I would have done the same thing to extricate myself and family from what was possibly a dangerous situation.

I hate tailgaters. Absolutely no excuse for it. It's just an attempt to intimidate another driver, especially on a multi-lane road where if they're willing to chill out and wait a couple of minutes, they'll most assuredly be able to get around the vehicle that's going to slow for their tastes.

I do what you did quite regularly. If I make the decision to pass, say, a semi on a two-lane (one way) road, either in a vehicle or especially on the KLR, I would rather just speed up beyond the limit and clear the vehicle quickly than take forever to get around it and drive/ride alongside it where a re-capped tire could decide to peel off. I've even seen an entire trailer fender come off a tanker and fly down the highway in front of me.

Not to mention the possibility of the vehicle you're alongside coming over into your lane, either intentionally or not.

I see cars all the time take like two minutes to pass a semi because they've got their cruise control set and won't change it and the semi is constantly changing speed.

My belief is that if a decision is made to pass (I suppose it is really not ever a true necessity) it's much safer to just briefly exceed the speed limit so you can get around the other vehicle as quickly as possible.

I'm with you on this one: I don't care much for absolute laws that disregard common sense. Sorry I don't have any advice about the ticket. I've been on the road for 34 years now. I've been pulled over once and have never gotten any kind of ticket. I ain't bragging about it; probably more luck than anything else but I will admit my wife's right and I'm pretty much a speed limit kind of guy for the most part.

I may not know much about speeding tickets, but as far as I'm concerned you did the right thing, man. It's a bad deal that you're being punished for it.




Last edited by planalp; 06-20-2012 at 12:59 AM.
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post #9 of 23 Old 06-20-2012, 04:07 AM Thread Starter
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Thanks guys. I don't hate cops, but when it is just to take money from people...that galls me. I think speedtraps freak people out and make them dangerous. Cop flinch. Ah, it's late. But, yeah, it's on CHP.




"In a car you're always in a compartment, and because you're used to it you don't realize that through that car window everything you see is just more TV." R. Pirsig

PPMC #1.
Soon, we ride.

AKA JD Mader or you can call me "Dan" just not early for dinner.

Click my handle for a link to my homepage/blog...which has nothing to do with MCs. Free literature and music! Viva La Revolucion!
-------------------
2008 KLR 650
RIP DM - Soon, we ride.
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post #10 of 23 Old 06-20-2012, 10:19 AM
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Quote:
Originally Posted by Lockjaw View Post
Thanks guys. I don't hate cops, but when it is just to take money from people...that galls me. I think speedtraps freak people out and make them dangerous. Cop flinch. Ah, it's late. But, yeah, it's on CHP.

OK I'll admit my bias up front, I have a a couple of CHP officers in the family.

Speedtraps are illegal, increased traffic enforcement is usually because there's been an increase in accidents and or complaints. CHPs don't have any quotas for tickets. Everyone lies when pulled over. If the officer didn't observe what happened and his radar gun showed you speeding that's the extent of his knowldge. The side of the road is not the place to argue your case.

I'm not defending the truck's agressive driving but you admitted you should have passed and gotten over instead of hanging in the left lane. Submit a declaration or go to court, make your case, you might be able to get a reduction in the fine.

No eye has seen, no ear has heard, no mind has conceived what God has prepared for those who love him. 1 Cor 2:9

Last edited by Spec; 06-20-2012 at 10:32 AM.
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