Got pulled over for the first time! - Sportbike Forum: Sportbike Motorcycle Forums
 
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post #1 of 7 (permalink) Old 05-25-2002, 02:19 PM Thread Starter
 
Join Date: Sep 2001
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Angry Got pulled over for the first time!

I am in need of advice on this matter. Here are the details.
I was crusing behind a Mustang GT on the highway(H2) which merges into H1. We are both speeding. Doing about 85 in a 55. When 2 motorcycle cops pull us over. We didn't pass the officers so my guess is they were traveling on H1 and saw us pull out in front. The officer comes up and asks for my paperwork and states " I had to accelerate to 100mph to catch you". After he goes back to his bike and does his business he comes back and says I am giving you 3 tickets. One for speeding 100mph in a 55 if we were doing 100 he wouldn't have caught us. Second ticket for Racing on the highway along with reckless driving. I am thinking Racing? If i was racing i wouldn't be behind this car but just kept quiet and courteous to the officer. The citations don't have a price just a court date. Any suggestions on what to do? I have searched the posts and thinking i need a traffic lawyer. If your in hawaii do you know a good one?
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post #2 of 7 (permalink) Old 05-25-2002, 05:28 PM
 
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Sounds like your right, those are serious charges that a lawyer could help a lot with. The racing is bs I agree and should be easy to throw out if argued properly (Excuse me judge but my bike goes 85 in 2nd gear, I still had 4 to go?????????).

How did they peg you with 100 if you thought you were going 85 anyway?? You're in trouble though since it's probably their word against yours. But seriously, bike speedos are usually reading high so if you thought you were @85 it was more likely 75-80???

Reckless is bs especially if there wasn't any traffic weaving etc. WTF was that based on????


3 words:

lawyer, lawyer, lawyer.

fight this one hard or you'll never get insurance for years to come
apexismaximus is offline  
post #3 of 7 (permalink) Old 05-25-2002, 06:11 PM
 
Join Date: Mar 2002
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hey bro, i just went through a similar ordeal. except i was mostly guilty of my charges! i got pinned for 53 over, and drag racing. i slithered out with a 200$ fine and traffic school...no points
(yee-ha!!!!!!)
if you have the bucks, i would DEFINITELY get a lawyer.
if you don't have the extra bucks, you can call or ask for a meeting with the county attorney. explain what happened, and that you would be willing to accept a charge of speeding (and make it for a speed where you will be eligible for traffic school in your state).
if he won't make a deal with you, just plead innocent and get a lawyer. it might be more difficult to prove your case if it goes to trial, because there were 2 officers to back up their story.
best of luck
R1forFUN is offline  
 
post #4 of 7 (permalink) Old 05-25-2002, 07:11 PM
 
Join Date: May 2002
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From 16 years on the other side of the badge...

"Racing" typically ISN'T what most people think it is. "Racing" statutes are usually written in a way that ANY speed-related 'competition' is racing.

Boiling smoke in a race away from a stoplight?...certainly that is racing. How about a side-by-side to see who has the highest top speed? ...again, certainly.

Also, two drivers beside each other playfully doing roll-ons from 30-to-40 mph...even if that is below the speed limit...THAT is commonly 'racing' because it is a 'speed-related competition'. In a lot of states, mere 'display of acceleration' is considered racing (a 'display of acceleration' is any driving activity where a vehicle is accelerated more than is reasaonably necessary to achieve a speed consistent with the speed limit of the roadway in question...even if you never get above the speed limit!).

Reckless driving? Well, that is typcially worded as any driving activity that reckelssly endangers others. Would 'racing' on a crowded street recklessly endanger others? I think a good arguement can be made that it does. Might the officer have charged you with something "reckless driving" that is a lesser included offense of racing (lesser included offense being a charge that is automatically an element of a more serious charge...such as tresspassing is automatically a lesser element, or part of, the crime of burglary)...Absolutely!!!

You assessment of the 100 mph speeding is accurate...if he "had to accelerate to 100 mph to catch you", that is direct evidence that you were doing LESS than 100 mph...no brainer there, but gettign that evidence in, in court is the issue.

So much depends on the specific wording of the statute in your state on racing and reckless driving, and getting the evidence in for the speeding charge, that retaining an attorney is probably the best investment that you could make right now.

Good luck...
ZZ-R1200 is offline  
post #5 of 7 (permalink) Old 05-25-2002, 07:46 PM
 
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Hey ZZ, thanks for the solid info from 'the other side'. Always good to hear from someone with real info instead of the usual speculation you find here (like from me..... ).


Nice signature too, how true.
apexismaximus is offline  
post #6 of 7 (permalink) Old 05-25-2002, 09:16 PM
 
Join Date: Mar 2002
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Quote:
Originally posted by apexismaximus
But seriously, bike speedos are usually reading high so if you thought you were @85 it was more likely 75-80???



Right this one hard or you'll never get insurance for years to come
I would agree with this. Today I had my 6R up to 160MPH posted on the speedo; it was about 62 degrees, 70% humidity, flat country road......but I REALLY doubt I was doing 160MPH. Probably more like 135MPH or so.

BTW, this is ony a handful of times I've had my bike "opened" up like this.
Knight of Ni is offline  
post #7 of 7 (permalink) Old 05-26-2002, 03:57 PM Thread Starter
 
Join Date: Sep 2001
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Thx

Thanks for all the info and especially the information from the other side ZZ.
Apex-I got the reckless ticket because of the racing ticket. I was told they go hand in hand.
Well let me get back to the research on Hawaii traffic laws, and find a lawyer.
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