Wreckless Driving???? - Sportbike Forum: Sportbike Motorcycle Forums
 
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post #1 of 6 (permalink) Old 05-29-2002, 12:26 PM Thread Starter
 
Join Date: Jul 2001
Posts: 60
Wreckless Driving????

Well, it was bound to happen. I was washing my bike up for the last time. Getting ready to sell it. Thought it may be my last ride. Got on it after the on ramp to the interstate. Just one car in front of me, but was two lanes over. Opened the throttle up, - sirens behind me. Got pulled over. Cop asked me how fast I thought I was going. I said I did not know. He said he was behind me going 100 and I was pulling ahead of him. He did not give me a speeding ticket, which he said would be $400. Gave me exhibition of acceleration????? and wreckless driving??? WTF?????? Said he could have also givin me the speeding ticket. How is that wreckless. There was nobody around but open interstate. The only person I was putting in danger was myself. And the acceleration charge - what the hell is that about???? Now I am thinking I am screwed, but the wreckless driving is ridiculous.

Last ride - and this shit happens.

Now I will be selling my bike just to get this shit off my insurance.

Oh well, guess I will take it day by day. Anybody had this happen before (similar tickets) What sucks is the police in the county I was in have a no chase clause - I simply could have exited and dusted him, but I always pull over - he could have been a little more generous about the offenses.
mgering is offline  
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post #2 of 6 (permalink) Old 05-29-2002, 10:43 PM
 
Join Date: Mar 2002
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Go to court & try to make your case to the judge. On your ticket there should be a section that addressed the road conditions & traffic . Unless the cop is willing to lie he will have to admit that you were not racing anybody, traffic was very light (virtually non-exsistent) & you pulled over immediately. He wasn't forced to chase you even briefly. It would be great if you had a sense of how long he believes (& will testify to) you held the 100 mph speed. The shorter the time the better the chance the judge will see this is a speeding violation but doesn't need the full wieght of a misdemeanor conviction. Emphasize how easy it is to reach 100 mph (bring in a magazine article with statistics on acceleration) . Your position is the ticket is excessive & you were speeding but it was not reckless driving nor exhibition of acceleration. Bring a dictionary in order to demonstrate that "Exhibition" by definition involves some type of audience & it's difficult to imagine you were showing off for the cop. You could even ask him if he thought you were showing off to him because there wasn't any other people around to do so. Additionally you raise the question about who was endangered by your actions besides yourself as "reckless" by definition means to endanger somebody. If you have sold your bike before your court date be sure the judge knows this. Hopefully your driving record is one that demostrates responsible driving. If this is true & you can show you've owned this & other fast motorcycles for years then it makes a good arguement the cop just had a bad doughnut day
Ask for mercy & understanding as you emphasize taking responsibility for driving way to fast but not in a manner that these excessive charges would reflect.
Prayer can be helpful also
Good luck bro & let us know the result & if any of these ideas make sense or (hopefully) work.
See ya (wouldn't want to be ya )
R6steve is offline  
post #3 of 6 (permalink) Old 05-30-2002, 08:17 AM
 
Join Date: May 2002
Posts: 16
Very good advice from R6 Steve. I had to fight one ticket in court and I only want to re-emphasize what Steve says, RESEARCH!!!

Go into that court prepared and don't be arrogant. Let the judge know you are a responsible rider and as Steve says, hopefully your riding record indicates so. I think the key to getting your ticket changed to speeding is demonstrating how safe conditions were for you and everyone around you. If you can demonstrate that there was no other people in the immediate area the better. Also, make sure the judge knows the layout of the freeway you were riding on and emphasize the time of day.

My ticket was given to me because I passed cars on the right side, near the white line, on a two-lane freeway interchange. I wasn't citated for actually passing on the right, but passing unsafely as it is written in the California code book. I had to prove to the judge that I did in fact make a safe passing move. I demonstrated to the judge that I was a responsible rider, I was cooperative, an experience rider, and I actually challenged the officer's experience as a motorcycle rider (the cop was in a cruiser). The reason I challenged the officer's experience as a rider was to give the judge the idea the officer was having a "bad doughnut day." I got the judge to place my driving record on probation for one full year from the court date and as long as I didn't get another ticket within that year, the citation would be removed completely from my record. Good news, I didn't get a ticket. Good luck!
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post #4 of 6 (permalink) Old 05-30-2002, 01:11 PM
 
Join Date: Jan 2002
Posts: 256
First of all, I feel for ya, bro. It must be spring as there seems to be a large number of these "high end" speeding tickets. In most states, reckless driving and exhibition of speed/acceleration are automatic after a given speed (80 or 85 mph?). I think what the cop was trying to tell you was that he could have added speeding (at 30 over at least) to the other 2 charges making it even worse. He probably can't write you up for 100+ mph without at least one of the other 2 charges. Unfortunately, you did something dumb and got caught.

Your best bet is look and act really nice in court and try to get the charges reduced (assuming your record is otherwise clean). You can argue the points that may be opinion for the cop and try to convince the judge that you weren't being reckless nor an exhibitionist. But again, those words (in this case charges) have legal definitions outside of your dictionary at those speeds on the interstate. Good luck.
RayO is offline  
post #5 of 6 (permalink) Old 05-30-2002, 01:22 PM
 
Join Date: Sep 2000
Posts: 2,166
This is in the state of FL

Exhibition of speed is usually dealing with burning out as you take off. That ticket sounds like absolute BS. You don't need a crowd either, just to do it.
Wreckless driving. Hard to beat, I got one and couldn't get it dismissed, but it was adjudication withheld.
Read up on your state laws, and go to court. May cost a little more, but it may also cost a LOT less.
funksouljon is offline  
post #6 of 6 (permalink) Old 05-30-2002, 11:39 PM
 
Join Date: Sep 2001
Posts: 1,547
Get a good traffic lawyer in on this one and soon, all this advice is good but without a lawyer with local law knowledge everyone's just guessing at what could be done to lessen your pain.

Best of luck
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