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Bombardier
| | Posted on Thursday, July 12, 2007 - 08:49 pm: | 
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WERE YOU SPEEDING?
DID YOU GET CAUGHT?
YOU •••••• UP SO TAKE THE HIT ON THE CHIN AND PAY THE FINE. |
Buellshyter
| | Posted on Thursday, July 12, 2007 - 09:03 pm: |
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When I had a jetski a marine unit Police officer issued me a ticket for exceeding the 6 mph speed limit. When I asked him how he determined I was exceeding 6 mph, seeing as he had no radar, he told me he could tell because I was planing. The problem with that logic is not all boats plane at the same speed. The heavier the boat the faster it needs to be going and vice versa. Cops are not infallible. |
Chrisrogers3
| | Posted on Thursday, July 12, 2007 - 09:16 pm: |
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Man...what a waste of space.Just man-up,you were speeding and got caught.Now 'ya want to squirm out of it.
Wow as if I have not thought of the "paying and getting it over with" routine. You know the cynical people in the world truly keep me smiling.
Its not a matter of admitting I am/was wrong, its a matter of what I believe. I believe I wasn't speeding, so therefore I naturally question it. Not saying the officer is wrong, not saying he is right.
Thank you though, based solely on your opinion I will "pony up and pay it"  For all the rest of you that say its my right to a hearing, well refer to the red statement above.
Really I did bring the post up to give you guys and gals a heads up seeing as how most of us do speed to some extent on our bikes because we all know its hard to catch a bike on radar. Yeah yeah laser is there but who actually thinks of that.
So I apologize to Ducxl for wasting his badweb space (just a small amount of sarcasm there) |
Curtyd
| | Posted on Thursday, July 12, 2007 - 09:51 pm: |
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"was nice and honest as hell. Yes sir, I'm sorry, blahhhh and always ended up getting a ticket. "
LOOK, just call them what they are, HIGH SPEED ROAD USE TAXES, it goes down better that way.
GUESS WHAT, the "ticket" is the warning these days, when they want to F*** with you , you'll be seeing the world from the backseat of a cruiser and some hairy tow truck driver looking at your bike with a chain in his hand figuring out how he is going to hoist it up onto his flatbed.
That will ruin your DAY and maybe many more of them, NOT just writing a check to the local traffic clerk. |
Dbird29
| | Posted on Thursday, July 12, 2007 - 10:33 pm: |
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Western Kansas HiPo would use the plane for timing motorists on I-70 in Ellis county.
One "offender" didn't think he was speeding and consulted my brother(attorney) . After measuring the markings on the highway it was determined they were spaced too short and resulted in a much inflated speed. The markings had been there for years and this "offender" was the first to contest the ticket. Case dismissed.
I guess my point is there is always hope, do your research. |
Becksbuell
| | Posted on Thursday, July 12, 2007 - 11:33 pm: |
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Well, watch out in Chattanooga, TN, They take a picture of you and mail you a ticket.
My mom (not on a bike) got a warning and stated next time would be a ticket.
Scary. |
Ducxl
| | Posted on Friday, July 13, 2007 - 05:29 am: |
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Wow as if I have not thought of the "paying and getting it over with" routine. You know the cynical people in the world truly keep me smiling.
because you know what,i've been caught speeding.It stinks,it really stinks.I'm not cynical(i don't think), but when caught, i've always been speeding excessively.And felt like.......caught.3 over,5 over 10 over, 25 over, is still over the LIMIT.I was doing over 100 last night,but didn't get caught. |
Court
| | Posted on Friday, July 13, 2007 - 07:40 am: |
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>>>Western Kansas HiPo would use the plane for timing motorists on I-70 in Ellis county.
That's where my specific experience was. I learned the system by programming the air to ground freqs in my Motorola Syntor 9000 radio.
The most fun I ever had on I-70 was when we closed the 18 mile West bound lanes at Goodland for reconstruction. My company installed the Intelligent Transportation System that measured speed and Weigh-in-motion data.
One of the test required us to pass various size vehicles, at a wide range of speeds over the Piezo strips in the concrete.
I used a modified Ford Taurus SHO that was my "company car" (many of you have seen pics of early Buells behind one of the SHO's) that was equipped with strobes and a full compliment of radios. . .there were 4 antenna on the rear window.
It was a blast to strap into the SHO with a helmet and comm gear and have the various, highway patrol and the tech rep from the German mfg, timing and comparing to what the equipment recorded. I used to have some pictures of the SHO shooting down the brand spankin' new concrete pavement with the Western KS dust rooster tails coming off the back.
We did the system on Highway 50 near Greensburg too.
I used to laugh, after all the speeding tickets I'd had, about getting PAID to speed.
Fun stuff. |
Court
| | Posted on Friday, July 13, 2007 - 08:28 am: |
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If. . . and that's a huge **IF**. . you are sharp, you'll be able to invoke the law in your favor.
However, the courts make it difficult to do this and (as shown below) many states are invoking the "prima facie" doctrine. Bottom line us that uder Federal Rules of Evidence )Rule 801, 28 U.S.C. App. it hearsay. Period.
However the courts have tired of folks who know their rights wasting the time of the courts and making a mockery of the ill imformed cops on the stand who frequently have better things to do that piss away a day on a 14MPH over speeding tickets.
The truly devoted have had cases thrown out when the officer in the airplane could not state the methods by which the stopwatch was calibrated (note: a mfg's calibration statement is clearly hearsay) nor that he had personally confirmed the distance of the marks on the highway prior to making the judgment that a time between the marks (that he did not REALLY know the distance of) could be converted to a reliable speed.
I concede it's a long shot and frankly anymore I just pay them. . . it makes no differnece at my age. By the law, ever to a person with a b.s. degree, is clear.
quote:If, however, a defendant does not agree to testimony by affidavit and the state seeks admission of an affidavit or any other hearsay, a hearsay objection at trial must be made as it would have to be made in any other trial. Although defendant requested a court trial and did not waive his right to have testimony presented orally in court, it was still incumbent on him to object in a timely manner at trial to the admissibility of the affidavit on hearsay and waiver grounds, and he did not do so.
quote:It is a record that is not likely to be broken soon. Just before the Labor Day traffic jam, Pinellas County Prosecutor Alan Williams fired a hail of legal flak at Florida's aerial constables by refusing to prosecute one John C. Winslow Jr., charged with speeding over a bridge-causeway between Tampa and St. Petersburg. The prosecutor declared that he had no other choice because a state statute limits arrests without warrant to offenses committed in the arresting officer's presence. "I'm not criticizing the use of an airplane," explained Williams, "but a police officer [on the ground] who hasn't observed a man committing a misdemeanor can't arrest him for it."
To the highway patrol's dismay, Florida's Attorney General Earl Faircloth last week went far beyond Williams' analysis in a ruling that suspended the use of radar and electronic timers as well as airplanes. Under current Florida law, said Faircloth, the information provided by all these gadgets is hearsay evidence and is therefore inadmissible. To restore electronic enforcement, Faircloth urged the state legislature to legalize such information by classifying it as prima-facie evidence. If the legislature agrees, Florida courts will be able to accept the evidence as conclusive whenever the defendant fails to rebut it.
The prima-facie technique has been adopted by legislatures or courts in many of the 45 states where police now use radar. Joining four other states,
Bottom line is that it boils down to how bi a PITA you want to be. I used to enjoy requesting a supoena for the officers daily log (perfectly legal and justified) for the entire day and the radio logs. All perfectly legal but I found that many officers didn't want to spend a day off carrying an entire trunk load of documents into court and many folks hated to actually produce the stuff.
Like I say . . for $60, I just pay the damn things. You can win, but it takes time and dedication. |
Paint_shaker
| | Posted on Friday, July 13, 2007 - 02:03 pm: |
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Court,
Interesting qoute from Florida... A.G. Faircloth was in office from 1965 to 1971... The situation has long since been corrected.
As for requesting daily logs and such, the only log I am required to provide in court is my radar log. Any other logs would be the violator's responsibilty to aquire.
As part of every citation I issue, I inform the violator of his options to take care of the citation, including the option to contest the citation in court. In the event the violator chooses to argue on the side of the road, I encourage that person to take it to court.
I don't get mad because I have to go to court as it is everyone's right to appear before a judge. Our current traffic hearing officer offers everyone in court the option to plea in exchange for NO points prior to begining the court session.
Some people elect to ignore this option and follow through with a hearing. Again, everyone's right. About the time in the hearing they realize the judge is going to find them guilty, they attempt to request the no points option with negative results, thus points and usually the full or a higher fine amount!! |
Curtyd
| | Posted on Friday, July 13, 2007 - 04:37 pm: |
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"A.G. Faircloth was in office from 1965 to 1971... "
GOTCHA, maybe time to throw away that outdated "How to Beat your Speeding TICKET" book. |
Sloppy
| | Posted on Friday, July 13, 2007 - 06:49 pm: |
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It's a shame that the legal system neglects to inform the citizens of ALL of their rights. It is up to the citizen to educate themselves on law -- and now you know why we are willing to spend thousands of dollars on a lawyer...
There WAS a time when you had the RIGHT to have a trial by peers, but that RIGHT has now been denied -- allowed for ONLY people who can be incarcarated.
Educate yourself and then determine if you want to fight it. Always as for a postponment -- not only does it give you more time to educate yourself so you can see how you want to plea, but it also gives more time for the officer to forget the details of your case...
Land of the free? Hardly...
lp.org |
Curtyd
| | Posted on Friday, July 13, 2007 - 08:21 pm: |
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"There WAS a time when you had the RIGHT to have a trial by peers, but that RIGHT has now been denied -- allowed for ONLY people who can be incarcerated (spelling corrected from original post)."
And your point is? Every speeding ticket should go to trial? And will the Court Costs for all the judges, juries and lawyers also have to be paid by the losing party like trials in civil court? Do you really want a $60 or $260 speeding ticket to cost you a house or car or a few thousand $ just to guarantee your right to argue over a civil speeding fine?
(Message edited by CurtyD on July 13, 2007) |
Paint_shaker
| | Posted on Friday, July 13, 2007 - 10:01 pm: |
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There was a time when our school systems provided education on such things as, the Constitution, the Bill of Rights, the Declaration of Independence, how the court system works, etc... Generally, this did NOT include case law.
Part of that education included YOUR responsibilities as a citizen of the United States of America.
A civil infraction is not an arrestable offense, thus there is no right to a trial by jury. However, failing to respond to a civil infraction (ie, refusing to sign, fail to pay, etc.) can lead to a criminal violation.
In some states (such as Georgia) nearly all traffic violations are considered misdemeanors (an arrestable offense). So in lieu of arrest, the officer releases you on your signature that you promise to appear on a specified date to answer for your charges. If the officer has any inclination that you may not appear he can simply arrest you instead of releasing you on your signature. |
Permagrin
| | Posted on Saturday, July 14, 2007 - 10:56 pm: |
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LOL I'll tell my embarrasing story.
Picture this.. Nice open road speed limit 45 mph. Its my ma's b-day and i got out of work late so i'm traveling maybe 65-70 to try to get there before she has to go to work. And then I run into (not literally) 2 cars going 40 then 50 then 40 then 50 back and forth for like 5 miles. I'm starting to get irritated quick but there's lots of passing zones and its kinda a twisty road so soon i won't see them no more. Finally the dotted lines shows up ahead and no cars coming the other way. Drop the bike 2 gears crack the throttle open all the way and I'm by them in a flash only to hear that ERR ERR behind me. Check mirrors and its a statey. CRAP! I pull over and of coarse I no I'm screwed. aka camera in car just watched me do it. Yet I'm polite tell the officer everything I'm going to do like open back seat to get reg and all. Then he just takes my license asks if its my bike and where i'm going jots some info down on his pad (not the ticket pad just a little notebook) tells me he got me at 90 and that was me back on my brakes. I was expecting the braclets and a ride to the local PD. He asked why I passed them and i told him that I was in a hurry to get to my moms. I also said that the 2 cars in front of me were driving irraticallyand I was figuring they were at some point going to find whatever it was they were looking for and jam on the brakes. He kinda smirked and said it was probably because they were using their mirrors and saw him behind me. Ever see that dumbest criminal show. Yeah i felt like that right then. Then he told me he was on his way to a call and gave me back my license never even looked at my reg and just as quick was gone. I was kinda like uhmmm standing there with license in one hand reg in the other and cop gone. So I figured I'd smoke a butt count my blessings and then slowly proceed to my ma's. About 30 miles down the road i see a statey tucked back between two buildings. I think he timed me to get there and that was going to be the deciding factor on wether or not i got the ticket/court date. Now all that happened about 7 weeks ago still never got nothing in the mail and I had to renew my insurance and nothing on my driving record either. It helps my record has been pretty clean for the past 5-6 years. And I know for a fact doubling the speed limit is more than a misdimeanor been arrested for it before in my car.
Lesson learned. Before you do something that can get you in big trouble check your mirrors. |
Court
| | Posted on Sunday, July 15, 2007 - 08:28 am: |
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Good lesson.
My most embarrasing was heading from Topeka, KS to Kansas City.
I have the whole family in my Mercedes outfitted with Kansas HP radio scanner, radar detector, etc.
All of a sudden I hear the sound, look behind me and DAMNIT.
I ask the guy . . . "how the heck did you catch me?"
HP: "It wasn't that tough, I've been 5' off your bumper for 4 miles".
YIKES! |
Diablobrian
| | Posted on Sunday, July 15, 2007 - 11:25 am: |
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that had to have been a true  moment Court.
I actually got off with a warning back in San Diego when I deserved a fairly large ticket. The officer asked me if I knew how fast I was going.
I answered with an emphatic "nope". He perked up at this ( I suspect he was looking forward to adding an equipment violation to my "bill")
He then asked "why not? is your speedometer broken?"
My answer was: "do you know what you call a motorcyclist that keeps their eyes on their speedometer? ...Roadkill"
He seemed to consider this a moment then cracked a grin and said "yeah, I bet you're right....try to slow it down a bit"
I have a friend that still lives in San Diego that got pulled over for something really embarrassing on the way home from on of
our group rides....he was pulled over for.....riding too SLOWLY.
The officer pulled him over to screen him for suspicious activity/dui etc. Of course my friend was clean and sober,
but really really embarrassed. |
Dylanfan53
| | Posted on Sunday, July 15, 2007 - 02:32 pm: |
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Note that this poster received a ticket in northern Wisconsin. For those of you who want a flair for the local constabulary there, I once received a ticket from the sheriff outside of Sheboygan who finally found something to charge me with. The ticket cost about $125. The charge?
"Failure to sound horn when passing in a rural area."
I won't bother offering my opinion of what can happen when certain personality types are given badges and guns. |
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