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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 03-20-2006, 04:12 AM   #1 (permalink)
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Default READ: Not just another DUI thread!!

Today while patroling I was dispatched to a 10-46 (wreck with injuries). While enroute I was advised that a motorcycle was involved (I instantly thought of all my friends that I knew were out riding today and hoping it was not one of them). Upon arrival to the scene I was guessing it would more than likely not going to be all that pretty. The first thing I noticed was a blue Harley Davidson laying on it's side but no rider in sight, nor another vehicle with damage!! I exited my cruiser and started putting my traffic vest on and then I noticed people approx. 45 feet away from the bike down a 12 foot embankment. I made my way down the embankment to find a guy layed out on the ground in a leather jacket and leather chaps with a half shell helmet (small half shell with only enough foam to make a 12 oz. coffee cup). The rider was talking and laying still like everyone was telling him (surprisingly no one tried to remove his helmet). He was coherent and answered my simple questions to make sure he bascially was okay. He advised that his hip and back were hurting and felt "funny". Then the smell of beer and liquor caught my attention.

The ambulance arrived at that time and I was more interested in getting the rider to the hospital than anything else. They got him loaded and enroute to the hospital. When I looked at his bike and the scene I recognized the bike as one that had been sitting at the local Applebee's for a few hours. According to the witnesses the rider attempted to make a left turn onto the road with a hard lean and he lost control of the bike. The physical evidence showed that he started to make the turn when the left peg and kickstand started dragging the pavement (gouges in the roadway), the bike started to go down and slide (chrome scarpes in the pavement from the engin casing), the bike hit the 6 inch curb and flipped over the curb opposite the slide (the slide started on the left side, hit the curb then flipped on it's right side), the bike landed on it's right side and threw the rider off the embankment. Damage to the bike: ripped the engine casing off the left side of the bike, damaged the clutch basket, bent the rim, wore down the kickstand, scraped the frame/sub frame, scratched up the right side of the tank, rear sprocket (belt drive) and headlight. It was a 2004 Harley Davidson FH.

At the hospital I spoke to the rider who stated he had three beers prior to the wreck but refused to say how much liquor he had consumed. We got his cell phone and called what appeared to be the primary people listed in the phone's directory. He submitted the blood alcohol testing (will take 4-6 weeks to get the results back), my estimate is that he will be somewhere around .15-.19 and TN. has a limit of .08 He was admitted to the hospital and I decided to wait until I got the B.A.C. results back before I go back and have to charge him with D.U.I.

Damage to the rider: some broken facial bones, SHATTERED right hip, possible spinal cord damage (will not know until the swelling and trauma subsides). He stated he tried taking the turn at 40 mph. No big issue because I have seen sport bikes make the same turn at 40 mph.

The lesson here folks: DO NOT DRINK AND DRIVE/RIDE!!!!!!
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Old 03-20-2006, 10:18 AM   #2 (permalink)
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Edited for sarcasm-related negativity. (Not at Officer.)
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Old 03-20-2006, 01:19 PM   #3 (permalink)
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I knew about the accident but hadn't asked about the details. Damn shame he was stupid enough to drink and drive. It's dumb to do it in a car, even more stupid to do it on a bike. What the hell is it about people who ride cruisers that makes them think it isn't necessary to wear the proper gear? I know we have cruiser riders on the forum who always wear their gear and sportbike riders who avoid their gear like the plague, but it seems stupid to me to take a chance like that.
I hope this guy doesn't have a spinal cord injury!!
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Old 03-20-2006, 01:32 PM   #4 (permalink)
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Don't ride inebriated. And that's taking nothing away from my stance on chosing to drink and drive. Rarely do drunk motorists injure themselves, they are protected by the vehicle's frame and bodywork. There is inherent danager to the motorcyclist, sans steal cage. Drinking and riding is a no brainer: don't do it.

Maybe it's Darwin hard at work though, eh?
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Old 03-20-2006, 03:01 PM   #5 (permalink)
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Good post and great reminder for any that might try it this summer.

This may sound bad, but I am glad he didn't kill himself, but I have little to no sympathy for stupidity. No matter how you look at drinking and driving is dumb, drinking and riding is plain STUPID.

+1 on Darwin
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Old 03-20-2006, 04:05 PM   #6 (permalink)
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Quote:
Originally Posted by kneedragin650s
Good post and great reminder for any that might try it this summer.

This may sound bad, but I am glad he didn't kill himself, but I have little to no sympathy for stupidity. No matter how you look at drinking and driving is dumb, drinking and riding is plain STUPID.

+1 on Darwin

+1 I am glad he didn't get killed but DUI is DUI. Depending on the hip and spinal cord he may never ride again. Not to mention the jail time that will come out of this.
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Old 03-20-2006, 04:08 PM   #7 (permalink)
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Quote:
Originally Posted by mikem317
Don't ride inebriated. And that's taking nothing away from my stance on chosing to drink and drive. Rarely do drunk motorists injure themselves, they are protected by the vehicle's frame and bodywork. There is inherent danager to the motorcyclist, sans steal cage. Drinking and riding is a no brainer: don't do it.

Maybe it's Darwin hard at work though, eh?

Yeah, it could be Darwin doing his job. You would think he would know better and not take the risk.
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Old 03-20-2006, 11:15 PM   #8 (permalink)
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Wow this moron just goes on to re-enforce negative stereo types. I hope ya nail da menace officer.
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