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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

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Old 03-14-2006, 11:24 AM   #1 (permalink)
depechevelle
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Default small wheelie...big ticket!!!

OK everybody, here's the scenario...Just moved to a new state 1 month ago, still have tags/license from old state. Couple minutes late from work to meet my wife and her grandparents for lunch at a restaurant I didn't have directions to. Launched hard from a main intersection stoplight in the middle of town (three blocks from police station, revved a little higher than usual and lifted the front wheel a foot or two for a couple seconds, kept on gettin' it. Two miles later she pulls me over, lights and sirens. Must've called for backup 'cause by the time I stopped there were 4 city police cars, behind me plus another one came along with a county sherriff. I gave no trouble, explained I was late and didn't mean to wheelie, no go. Reckless driving ticket. $475 and 6 points!!! What do I do? I have a clean record, been riding for 7 years, was wearing a helmet, and wasn't clocked. The arresting officer was a plain clothed female and I think she was trying to act tuff in the presence of all the male officers who were present, plus I think she might have been in training. She marked on the ticket that I was driving a Yamaha automobile (even though there was a line right next to it for motorcycle). Also she did not mark "yes" or "no" for court appearance even tho she told me I hafta go, and the back of the ticket says to go if yes is checked. The only other time I've ever gotten a ticket on a bike was a year ago for "improper display of license plate" (had it tucked under the undertail). I think she was way out of line to give this ticket!!!
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Old 03-14-2006, 11:36 AM   #2 (permalink)
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What state did you get the ticket?
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Old 03-14-2006, 11:42 AM   #3 (permalink)
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Quote:
Originally Posted by depechevelle
I think she was way out of line to give this ticket!!!
No she wasn't. You rode a 1 to 2 foot wheelie for a few seconds. The ticket, altho sucks a$$, is justified. I'd contact a lawyer to find out the best course of action.

Hindsight: Should have called the wife, told her you would be a little late and verified directions to the resturant.
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Old 03-14-2006, 11:47 AM   #4 (permalink)
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I agree with Bomb300 your best course is going to be to get a lawyer and either try and plead it out or take your chances with a trial. I will tell you that in MD if you go to court and the officer does not show up and the defendant pleads not guilty then the charges are dismissed, b/c no one is there to testify against you. I would assume it is the same in every other state, but not positive.
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Old 03-14-2006, 11:52 AM   #5 (permalink)
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I love when folks admit to doing illegal stuff and then complain when they get caught. Trust me, I'm no saint, but if I get busted, then I got what's comming to me.
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Old 03-14-2006, 12:00 PM   #6 (permalink)
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Got the ticket in SC, I'm not saying it was the right thing to do, and being late is no sweat. I just feel that with a clean record and all, I mean I'm not a stunter or anything, and it's not like I was trying to ride a big wheelie and show off. Anyway, I felt so bad I went to the bike shop last night to see if they'd take thr R6 off my hands. But I just felt like she could have given me a warning, I'm gonna hafta ride through that intersection 4 times every day for work and you can be sure I'm going to be careful!!!
looking in to the lawyer thing. How much should I expect to pay an attorney? It would be worth it just to get out of the points for insurance sake.
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Old 03-14-2006, 12:24 PM   #7 (permalink)
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I wouldn't get rid of the bike over it, but at I would at least take it to court so and see if you can get the points knocked off. I am from SC and went to court once as a defendant for speed (when I was in high school). I plead guilty and requested the judge suspend the points. The judge suspended my points and reduced the fine a little.

What the defendants in my county tend to do is show up to court with out an attorney and look to see if the officer is present. If he is not then they plead not guilty and charges are dismissed, if he is present they request a continuance to obtain counsel. The risk is the judge could deny the request and your forced to represent yourself during trail.
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Old 03-14-2006, 01:25 PM   #8 (permalink)
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Agreed. This incident is nothing to get rid of the bike over. You just need to exercise more clutch control.

Some cops give warnings and some don't. It's the bad luck of the draw if you get pulled over.
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Old 03-14-2006, 01:51 PM   #9 (permalink)
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Admit to speeding, not reckless driving. Downplay the height of the wheelie,
but maintain it was indeed intentional. Be respectful and make sure you ride
your bike to the courthouse so you can pop another wheelie if you get off
with just speeding. Wheelies are not reckless, overzealous females in badges
are.
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Old 03-14-2006, 02:04 PM   #10 (permalink)
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Yeah, pleading guilty to speeding and not reckless kinda sounds like a good alternative. You're admitting that you're wrong (they like that) but you're also trying to get a lesser punishment so it may work out for everyone. City gets their money, you get less points, it's a good day (sorta) lol.
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Old 03-14-2006, 05:41 PM   #11 (permalink)
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First off be truthful when you get to court!! The fastest way to lose a case is to tell even the slightest thing that might be untrue. Does popping a small wheelie and riding it a few seconds reckless driving? By the letter of the law it is and the court will agree with the officer on it. With or without counsel more than likely they plead it to a lesser charge. If you have a clean record and no citations within the past year they will more than likely work with you some to keep the large points off of your license but expect to pay some fines and attend a defensive driving school.
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Old 03-14-2006, 05:55 PM   #12 (permalink)
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Quote:
Originally Posted by OFFICER737
If you have a clean record and no citations within the past year they will more than likely work with you some to keep the large points off of your license but expect to pay some fines and attend a defensive driving school.
Thats what usually happens in Michigan. Either cop doesnt show and you get off handy dandy or they work something out to where the points are taken off and its lowered to something like speeding and you have to attend a defense class. Sucks but no points!
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Old 03-14-2006, 06:16 PM   #13 (permalink)
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Quote:
Originally Posted by OFFICER737
First off be truthful when you get to court!! The fastest way to lose a case is to tell even the slightest thing that might be untrue. Does popping a small wheelie and riding it a few seconds reckless driving? By the letter of the law it is and the court will agree with the officer on it. With or without counsel more than likely they plead it to a lesser charge. If you have a clean record and no citations within the past year they will more than likely work with you some to keep the large points off of your license but expect to pay some fines and attend a defensive driving school.
Good advice. Don't waste your money on a lawyer. Admit you were wrong and show respect. I've usually had to pay a fine but in most cases got some sort of break.
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Old 03-14-2006, 07:32 PM   #14 (permalink)
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What people don't realize is you can basically do the same thing is court as a lawyer can and it won't cost you no where near what it would any other time. I've seen it many many times setting in court.

Just be truthful, and ask if they will reduce based on your driving record (which you will need to bring a certified copy to court with you) and see if they have a PJC (at least that is what it is called in NC) it basically says I fucked up and admit to that, however if you will suspend the charges for a set amount of time and not get another ticket the charges basically disappear.
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