Advertise here as low as $250/month

Home Message Board SBN Articles User Reviews Bike Specs Register Pictures Classifieds Bike Project How To's
MarketPlace Dealers Chat Top Sites Links SBN Store Forum Rules Contributors Sponsors Contact Us Advertising Information

If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below.
D2Moto

Go Back   Sportbikes.net > Topic Discussions > Open Forums > Sportbike Cafe > Busted!! I need Legal Advice!
Register Subscribe Casino Garage FAQ Members List Calendar Arcade Search Today's Posts Mark Forums Read

Busted!! I need Legal Advice! Got a ticket for something stupid? Think you should fit it in court? Post it up and I am sure everyone will give feedback

» Site Sponsors
KomodoGear.comArnottAirRideD2MotoJazzMotorsports.comSportbikeTrackGearChainDrain.comSixty61SoloMotoPartsBazzaz PerformanceWilzGarageSuperbikeToyStore.comSee your ad here!
Reply
 
LinkBack Thread Tools Display Modes
Old 04-28-2005, 12:48 AM   #1 (permalink)
RPM96
SBN Rookie
 
RPM96's Avatar
 
Join Date: Jun 2004
Location: phoenix
Age: 22
Posts: 10
Casino Cash: $250
Sportbike: 2003 R6
RPM96 has disabled reputation
Arrow My criminal ticket story, need advice... long read

Unlike most i caught you on radar and you are guilty tickets my story has quite a bit more detail.

It started out on a saturday night, i drove to pick up a friend who was uncomfortable being a girl around a bunch of roudy guys and asked for a ride.

So i left my house at 11:30 at night and headed over to go pick her up. Speed limit was 45. I proceeded to do around 55. There were not many cars on the road at all and before i knew it i saw a cop behind me as i started to stop at a light.

The cop pulled me over and asks me how fast i knew i was going. I told him anywhere from45-55 mph. He said i was doing 66. That means i was going 1mph over to put me into a criminal speed. Obiously he did this just to be mean or else he would have kept the ticket civil especially when he was pacing from 200 yards away (thats 2 football fields back) I said no way i was doing 66 let me see your gunn. He then tells me later on after i asked him why my radar detector didnt go off that he paced me. This was once the ticket was already writtin.

So i plead not guilty and get an attorney to help me out on the case.

We take it to court and have a hearing. To make an extremly long story short the cop said that he paced me for 1/4mile from 200 yards away!!! 200!!!! I give my side of the story and an honest one at that. I thought the case was a done deal that it was obious that the officers reading was NOT accurate.

The procecuters attorney gives his last closing statment agreeing that yes i should not get a criminal ticket but instead at the least should be lowered down to a civil ticket.

The judge gives his final statement and says that hes not convinced still that i was going a civil speed and gives me the criminal ticket and says guilty.

WHY!? even the cop and the procecuters attorney agreed that pacing is very risky and defenetly not 100% accurate.

Me, my mom and my attorney came to the conclusion that the judge said i was guilty just so i could appeal the ticket and have the whole case dismissed on the appeal so that way i leave happy and so does the cop.

So i went ahead and had my attorney file the appeal to the court .

My attorney said we have a great chance of winning this whole case now since if they appealed that i was going civil and that his pacing could have been off by 1mph that my ticket would be totally dropped.

2 days ago i got an appeal back from the judge saying my appeal has been denied because i was doing 66mph beyond a reasonable doubt. Even though they are not 100% sure i was going 1mph over to go into criminal they still say i was beyond a reasonable doubt!?

Apparently they we can re appeal one last time and see what happends so my lawyer sent out the re appeal last week to the court to see if they will re read it again and find justice.

There was no substantial evidence that i was to rationally find that spped beyond a reasonable doubt. Any such finding was not rational, and was clearly erroneous.

Im 18 and if i got this ticket my license would automatically be suspended for 6 months because i was 17 when i got the ticket and its criminal and that right there would automatically suspend my license.

If my re appeal was denied i could not see the justice in that since they cant give me the ticket unless i am guilty beyond a reasonable doubt of doing a criminal speed which was just 1mph to put me into criminal. There was no substantial evidence either remember, the procecuters attorney even admitted to that.

What should i do from here and what do you think will happen?

I cant even sleep sometimes because i think about this so much. I start college in the fall and cant not have a car to get to school. My car is my life and i couldnt see not having it for 6 months because of something this silly when they arent 100% sure of the violation.


Cliff notes- I got a ticket being paced at one mile an hour over civil to give me a crimal ticket from pacing from 200 yards away, went to court, found guilty without substatial evidence, appeal was filed, appeal was denied for no reason, ticket goes to be re appealed because it should have been dropped since there was no substatial evidence. Im worried shitless now because i dont want to get my license suspended and pay up the rear for insurance.
RPM96 is offline   Reply With Quote
Sponsored Links
Advertisement
 

Old 04-28-2005, 02:34 AM   #2 (permalink)
BurnMyHeartDown
World 500 GP Racer
 
Join Date: Oct 2004
Location: Las Vegas
Age: 22
Posts: 2,564
Casino Cash: $8900
Sportbike: Honda F3
BurnMyHeartDown is on a distinguished road
Awards Showcase
Yellow Token: Yellow SBN Token - Issue reason:  
Total Awards: 1
Default

You gotta chill out man. Is shitting your pants going to help? Nah, not now. I was in a similar boat, but I think even worse when I first got my bike. The day before I was going to take it to get registered, I took it out that night to make sure everything was cool. I got pulled over, must have buzzed a sleeping cop who noticed there was no plate (left the paper plate at home because I had no garage and didn't want the wind to blow it off or eff it up.) I didn't have my motorcycle endorsment, or my drivers license on me, no proof of insurance (the bike was insured) no registration....it was pretty ugly. I worried like fuck for about 3 weeks, then figured it was out of my hands....I'm pretty sure that's out of your hands. You did what you could, what happens happens, the only thing to do now is roll with it. I hope it works out for you, but if not....blame the girl.
BurnMyHeartDown is offline   Reply With Quote
Old 04-28-2005, 02:45 AM   #3 (permalink)
750rider
500 G.P. Champion
 
Join Date: Jun 2004
Location: Canada
Posts: 1,291
Casino Cash: $3270
Sportbike:
750rider is an unknown quantity at this point
Default

What the F@@K has happened to society...
21mph over the posted limit is a criminal matter?!? wtf!?

lose your licence for 6 months? over 21mph...
wild west my @ss!
750rider is offline   Reply With Quote
Old 04-28-2005, 03:25 AM   #4 (permalink)
snigg
Banned
 
snigg's Avatar
 
Join Date: Jun 2004
Location: pittsburgh
Age: 24
Posts: 5,218
Casino Cash: $250
Sportbike: crunchy 954
snigg will become famous soon enoughsnigg will become famous soon enough
Default

so did you end up gettin any off the chick?
snigg is offline   Reply With Quote
Old 04-28-2005, 04:25 AM   #5 (permalink)
fengler
I love my ipod.
 
fengler's Avatar
 
Join Date: Sep 2004
Location: chandler,az
Age: 24
Posts: 2,721
Casino Cash: $350
Sportbike: 1997 suzuki TL1000s
fengler is on a distinguished road
Default

was it the tempe cops? damn motorcycle cops are everywhere. i got pulled over for going 61 in a 35, and he gave me a civil(luckily). as far as the not being able to go to school, isnt there some deal you can make where you can only drive to and from work/school?
__________________
TOOL --- A PERFECT CIRCLE --- RADIOHEAD
Live and learn................................................and then get luvs

<---Even Jesus does wheelies! And he's a !

Quote:
Originally posted by RoughNTough
But a TLS owner isn't in their right state of mind to begin with. They like booozing, picking fights, and causing general chaos throughout their neighborhood.
fengler is offline   Reply With Quote
Old 04-28-2005, 07:36 AM   #6 (permalink)
Drifter
Resident Freak
 
Drifter's Avatar
 
Join Date: Jul 2004
Location: God's Country
Age: 32
Posts: 1,580
Casino Cash: $457
Sportbike: yes
Drifter is on a distinguished road
Default

I didn't have a car in college until my Jr. year. As long as you have at least one friend with a car, you'll be fine. That would be the least of my worries if I were you.

I'd be more concerned about the possibility of increased insurance costs, employer background checks showing a criminal record, and the constant irritation I'd experience knowing I was convicted of something I didn't do.
__________________
If you want to stand out from the crowd, try being yourself for a change.
Drifter is offline   Reply With Quote
Old 04-28-2005, 10:24 AM   #7 (permalink)
Ringmaster72
Club Racer
 
Ringmaster72's Avatar
 
Join Date: Jul 2004
Location: Milford, DE
Age: 27
Posts: 92
Casino Cash: $557
Sportbike: 03' 636 ; 05' 636
Ringmaster72 is on a distinguished road
Default

Quote:
Originally Posted by snigg
so did you end up gettin any off the chick?
Snigg, that is the most important question. With you having to deal with all of this legal bullshit, the least she could do was make it up to you with a little suck and fuck.
Ringmaster72 is offline   Reply With Quote
Old 04-28-2005, 01:09 PM   #8 (permalink)
Krazy Hawaiian
Dam Munky!
 
Krazy Hawaiian's Avatar
 
Join Date: Jun 2004
Location: Hawaii
Age: 52
Posts: 13,281
Casino Cash: $250
Sportbike: 92 Suzuki GSXR 711 a 1100 engine in a 750 frame
Krazy Hawaiian has a reputation beyond reputeKrazy Hawaiian has a reputation beyond reputeKrazy Hawaiian has a reputation beyond reputeKrazy Hawaiian has a reputation beyond reputeKrazy Hawaiian has a reputation beyond reputeKrazy Hawaiian has a reputation beyond reputeKrazy Hawaiian has a reputation beyond reputeKrazy Hawaiian has a reputation beyond reputeKrazy Hawaiian has a reputation beyond reputeKrazy Hawaiian has a reputation beyond reputeKrazy Hawaiian has a reputation beyond repute
Awards Showcase
Green Token: Green SBN Token - Issue reason:  Yellow Token: Yellow SBN Token - Issue reason:  
Total Awards: 2
Default

You should be shot for 21 over the limit. Speeding sucks as much as drinkers. Screw both of yas. Speeders kill and so do drunks. Young speeders are the worst by far. If you cant do the time don t do the crime. In the mean time ride the bus by the time you get your license aback maybe you will be ready to accept the responsibilities of driving.
__________________


Open Forum and Motocross Forum MODERATOR


The more I Learn about Women, The More I Love my Motorcycles!

*********
Krazy Hawaiian is offline   Reply With Quote
Old 04-28-2005, 02:06 PM   #9 (permalink)
03silvers
World Superbike Racer
 
03silvers's Avatar
 
Join Date: Jun 2004
Location: York, Pa
Age: 25
Posts: 503
Casino Cash: $2027
Sportbike: 2002 CBR 954, 02 XR50
03silvers is on a distinguished road
Default

and that is the exact reason i normally wont stop if a cop trys to pull me over....you werent doing what your charged with but you will end up paying alot of money and possibly losing your liscense for something you didnt do. Police like that are the exact reason FTP ever got started
__________________
The 954 is shy but the 929 was a whore hence the avatar
03silvers is offline   Reply With Quote
Old 04-28-2005, 02:14 PM   #10 (permalink)
ServoR6
500 GP Racer
SBN Contributor
 
ServoR6's Avatar
 
Join Date: Jun 2002
Location: SC
Age: 35
Posts: 896
Casino Cash: $250
Sportbike: 2005 Ducati 749 Dark
ServoR6 is on a distinguished road
Default

Who thinks RPM96 has the best avatar ever?
ServoR6 is offline   Reply With Quote
Old 04-28-2005, 03:08 PM   #11 (permalink)
Mantis
Go #214!!!!!!!!!!!!!!!!!!
 
Mantis's Avatar
 
Join Date: Jun 2004
Location: Upstate NY
Age: 24
Posts: 2,199
Casino Cash: $1369
Sportbike: 02 GSX-R600 Telefonica, 00 SV650 (race, supersport), 02 SV650 (race, superbike), TL1000R, DRZ400SM
Mantis is on a distinguished road
Default

Quote:
Originally Posted by Krazy Hawaiian
You should be shot for 21 over the limit. Speeding sucks as much as drinkers. Screw both of yas. Speeders kill and so do drunks. Young speeders are the worst by far. If you cant do the time don t do the crime. In the mean time ride the bus by the time you get your license aback maybe you will be ready to accept the responsibilities of driving.

I hope you are being sarcastic KH...
Mantis is offline   Reply With Quote
Old 04-28-2005, 03:10 PM   #12 (permalink)
ZeuSeason
500 G.P. Champion
SBN Contributor
 
ZeuSeason's Avatar
 
Join Date: Jun 2004
Location: Vero Lake Estates, Vero Beach, FL
Age: 32
Posts: 1,827
Casino Cash: $656
Sportbike: '05 ZX-6R
ZeuSeason is on a distinguished road
Default

RPM96, I was really interested in your post till I saw your avatar.....then target fixation took over.
ZeuSeason is offline   Reply With Quote
Old 04-28-2005, 03:21 PM   #13 (permalink)
Justin726
BOOM-shakalaka
SBN Contributor
 
Justin726's Avatar
 
Join Date: Sep 2000
Location: Hastings, Nebr.
Age: 33
Posts: 6,279
Casino Cash: $31000
Sportbike: 2003 Hayabusa, 40th Anniversary edition
Justin726 will become famous soon enoughJustin726 will become famous soon enough
Default

Quote:
Originally Posted by ServoR6
Who thinks RPM96 has the best avatar ever?
Yes he did, thanks for pointing that out.

RPM96, you have a PM.
__________________
SUPER MODERATOR


Maturity is vastly overrated.
Don't let it get in the way of a good time.


Best piece of advice, WEAR YOUR LEATHER
Justin726 is offline   Reply With Quote
Old 04-28-2005, 03:24 PM   #14 (permalink)
bugeyed
World 500 GP Racer
 
bugeyed's Avatar
 
Join Date: Sep 2004
Location: Raleigh NC
Age: 40
Posts: 3,106
Casino Cash: $250
Sportbike: 2001 Yamaha R6
bugeyed is on a distinguished road
Default

Quote:
Originally Posted by RPM96
The judge gives his final statement and says that hes not convinced still that i was going a civil speed and gives me the criminal ticket and says guilty.

WHY!? even the cop and the procecuters attorney agreed that pacing is very risky and defenetly not 100% accurate.
I'll tell why. Because the judge is in charge and you are not. You, like the rest of us, are just a peon. And you made the mistake of not realizing it and challenging authority to prove what it accused you of doing. The judge didnt like that. He didn't like the way you expected justice from a system from which he benefits and finds himself in control of other people. He didn't like that you challenged authority, and by doing so, challenged him. If you are really 18 then this is a lesson for you. You will run across many such cases during the course of your life. You are learning my grasshopper, that the system is a machine that eats people and spits them out, and to expect it to do anything else will always be a risk.
bugeyed is offline   Reply With Quote
Old 04-28-2005, 03:29 PM   #15 (permalink)
RPM96
SBN Rookie
 
RPM96's Avatar
 
Join Date: Jun 2004
Location: phoenix
Age: 22
Posts: 10
Casino Cash: $250
Sportbike: 2003 R6
RPM96 has disabled reputation
Default

Quote:
Originally Posted by snigg
so did you end up gettin any off the chick?
yah she ended up getting a ride back here from a friend and then i railed her and went to sleep and took her home in the morning
RPM96 is offline   Reply With Quote
Reply