Ticket Advice.

[Blitanicle99]

Okay, so back in December I was on my bike and got a ticket. 100 in a 65.

Why was I going 100? An asshole in a 7 series almost took me out because he was on his phone getting on an on ramp. I nailed it a couple gears and backed off just to get away from him.

I get pulled over almost immediately. Cop openly admits that he did not radar me, he paced me.


I was going this speed for less than a mile, I was on the hwy for less than a mile. I got on the on ramp to 575, exit 7. Nailed it, and about 300 feet before the exit (which I was getting off at) 8 cop rolled up next to me, blinked his lights and I pulled over.


Now I understand, you can get paced but I could have sworn it has to be at least a mile.


I am going to court about it in about 2 months, trial by non jury is what my lawyer has suggested.
He also suggested I do some community service and Defensive driving before court date which I am. I have 120 hours community service and Defense Driving I'll do in the next few weeks.


More or less, just looking for suggestions on any particular arguments I can bring to the table and any additional advice, or things to do before court.



I was hopefully going to bring up that the cop did not even pace me for a full mile, the bike is for sale (which it is) did community service (120 hours is alot for a ticket) and defensive driving. Between all of that I should be covered.


Comments?

[ISAtlanta300]

Comments?

Don't speed.

/thread.

[Echonova]

I'm no lawyer, but I don't think they have to pace you for any set amount of distance.



Sucks though. I'm guessing the cop didn't see the guy in the Bimmer?

[Blitanicle99]

I'm no lawyer, but I don't think they have to pace you for any set amount of distance.



Sucks though. I'm guessing the cop didn't see the guy in the Bimmer?

I would have to assume theres gotta be a minimum distance. If you pace someone for 10 feet, thats no accurate test of how fast someone is going really.

No, the cop didn't seem to care about the other guy. I was as polite as possible with him but to him I'm some "punk kid" on a motorcycle ya know.

GHEYYYY.

[David88vert]

First off, why did you do any community service, if you have not been to court? If your lawyer suggested it, I would seriously question him concerning it. It makes it appear that you are admiting guilt, and a judge (non-jury trial) can simply ignore that community service, and still sentence you to community service, as this was not court-ordered for this sentence.

Did you only get a speeding ticket, or a wreckless riding ticket? Anything over 34mph over the speed limit is definitely well into wreckless territory.

I would have pursued having the lawyer get it reduced to a lower speed, and thus reducing the fine. The court is almost always after the money over the community service.

[Echonova]

I would have to assume theres gotta be a minimum distance. If you pace someone for 10 feet, thats no accurate test of how fast someone is going really.

True, but at the same time you can't expect to drive 150mph for 9/10 of a mile and slow down for the last 1/10 and think you're cool because you didn't speed the whole mile...


With any pacing it's going to come down between your word and the cops word anyway...

[Blitanicle99]

First off, why did you do any community service, if you have not been to court? If your lawyer suggested it, I would seriously question him concerning it. It makes it appear that you are admiting guilt, and a judge (non-jury trial) can simply ignore that community service, and still sentence you to community service, as this was not court-ordered for this sentence.

Did you only get a speeding ticket, or a wreckless riding ticket? Anything over 34mph over the speed limit is definitely well into wreckless territory.

I would have pursued having the lawyer get it reduced to a lower speed, and thus reducing the fine. The court is almost always after the money over the community service.

Just a speeding ticket. Not wreckless.

Why did I do community service? My original charges were, 1400 dollar fine. 24 months probation, defensive driving, 24 hours community service and I wanna say 48 hours in jail. I kind of find the charges a little bit ridiculous. They were not willing to reduce anything so that's why its going to trial.

I did the community service in exchange for a favor to a personal friend. That's all I am going to say. But I figured showing that I did all this community service wouldn't hurt the situation.

[Blitanicle99]

True, but at the same time you can't expect to drive 150mph for 9/10 of a mile and slow down for the last 1/10 and think you're cool because you didn't speed the whole mile...


With any pacing it's going to come down between your word and the cops word anyway...

Your absolutely right, I just figured there's gotta be a set distance to pace someone. It was a GSP, not sure whats gonna happen. My lawyer has high hopes that the case will just get thrown out anyway.

The day I went to court, the majority of cases were put to trial by jury and non jury. By lunch break, they were still not done. The amount of cases for the day they gave me to come back has got to 100, supposedly they do about 5 a day. I've got good chances I think...

[David88vert]

Just a speeding ticket. Not wreckless.

Why did I do community service? My original charges were, 1400 dollar fine. 24 months probation, defensive driving, 24 hours community service and I wanna say 48 hours in jail. I kind of find the charges a little bit ridiculous. They were not willing to reduce anything so that's why its going to trial.

I did the community service in exchange for a favor to a personal friend. That's all I am going to say. But I figured showing that I did all this community service wouldn't hurt the situation.

Here is the code that will give you an issue: 40-6-181

A traffice charge is a criminal misdemeanor. Last I checked, the maximum fine for a misdemeanor was $1000. Additionally, the longest sentence is 365 days (not 1 yr - there is a distinction). Did your lawyer not discuss that with you?

[Blitanicle99]

Here is the code that will give you an issue: 40-6-181

A traffice charge is a criminal misdemeanor. Last I checked, the maximum fine for a misdemeanor was $1000. Additionally, the longest sentence is 365 days (not 1 yr - there is a distinction). Did your lawyer not discuss that with you?

Interesting. No he did not, but he was reffered from the owner for Forged Performance (Shariff). Hmm.

[keevo54]

Prolly should fork over the coin to have a traffic lawyer represent you in court if not your chances aren't looking so great