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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 05-02-2006, 08:31 PM   #1 (permalink)
kenshi
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Default Got stopped for the first time on my bike

Coming home from work, I have to take a left turn on a fairly busy divided highway. I usually accelerate pretty hard to make sure I don't get ran over. Today, there was more traffic than usual, so I went full throttle through first and most of second gears. I let off at around 70, and the speed limit there is 65, so I was speeding, but not by much. Once I let off, I saw a cop on the other side of the highway who had someone stopped. Well I maintained my speed, basically going with traffic. I get two or three miles down the street, and another cop stops me in my driveway. He takes the keys from my ignition, which kind of irritated me. I was stopped on dirt with mud holes all around me and his car in front of me; how could I get away? Anyway, he said the officer down the street saw a bike travelling at an "extremely high rate of speed" and asked if it was me. I told him the truth, that I accelerated pretty hard merging on the highway, but I never went above 70. He checked my license and asked for my insurance. He had to give me back my keys so I could get under my seat, but before I found it, he said to be careful and took off.

I was kind of relieved at that point. I didn't really have a problem with the guy that stopped me, except for him taking my keys when it was very unnecessary, but that was just slightly irritating. What bothered me was that the other cop radioed in that I was travelling extremely fast. Come on. When I let off, there was a Mustang beside me, and I was only going 1 or 2 MPH faster than it. He just heard my engine hit 12,000 RPM's and assumed I was going fast. I thought that was pretty shitty. I know that excessive acceleration is a ticketable offense, but not nearly as bad as "extremely high rates of speed," whatever that would be marked as. (I couldn't agree with anyone getting a ticket for excessive acceleration while merging into traffic though, unless they wheelie or spin the tires.) So anyway, have any of you guys ever had a cop stop you and tell you you were going too fast just because you revved up the engine? I can't believe I took off in his sight, and let off before I even passed him, and he thought I was flying.

As an aside, when that cop was standing beside me, the dispatcher said someone had called in about a vehicle driving wrecklessly on the highway. I was about to piss my pants, until she said it was a sports car. Talk about a relief... So anyway, share your stories and opinions.
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Old 05-02-2006, 08:39 PM   #2 (permalink)
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Is it really and offense to accelerate too quickly?
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Old 05-02-2006, 08:40 PM   #3 (permalink)
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In some places it might be standard practice to remove the key from the iginition. He may have also removed the key to make sure it wasn't a "shaved key" or make sure that it came out freely and not a stolen bike.

If he was going to write you he probably would have told you an exact or even an estimated speed. Sounds like the contact officer could have cared less and was just going through the motions of the call from the officer you passed. To a person that doesn't ride that pass through 12k rpm may have sounded like and F-16 ready to take flight
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Old 05-02-2006, 08:40 PM   #4 (permalink)
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Welcome to the club.

Once got pulled over fro 38 in a 35.

I know quite a few of them from the gym. Most are cool guys, and some ride.
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Old 05-02-2006, 08:42 PM   #5 (permalink)
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Originally Posted by liquid486
Is it really and offense to accelerate too quickly?
Yeah, if they can articulate it. It can also fall under the "drag racing offense". In the drag racing offense it states "any motorized vehicle that engages in a competition of speed and overall power of the vehicle, accelrates in an effort to reach it's max output of power. In a subsection it also states the vehicle does not have to be engaged in a competition with another vehicle but can be done by itself.
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Old 05-02-2006, 08:44 PM   #6 (permalink)
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It was the noise from the machine. That's understandable. What's unacceptable is for him to remove the key from the ignition.

However, I think it's just courtesy to remove the key from the ignition when you're stopped by a LEO. You're machine can outrun any Impala or Crown Victoria.
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Old 05-02-2006, 08:46 PM   #7 (permalink)
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Quote:
Originally Posted by OFFICER737
Yeah, if they can articulate it. It can also fall under the "drag racing offense". In the drag racing offense it states "any motorized vehicle that engages in a competition of speed and overall power of the vehicle, accelrates in an effort to reach it's max output of power. In a subsection it also states the vehicle does not have to be engaged in a competition with another vehicle but can be done by itself.
Isn't that like arresting someone for starting a fight when they are shadowboxing in front of mirror? I guess anything can really be called reckless driving/riding...
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Old 05-02-2006, 08:46 PM   #8 (permalink)
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Wow a cop actually pulled you over on hearsay, was rude to you, and was itching to write you a ticket???(so he could generate revenue-what cops are for)

Welcome to America. It happens a few thousand times a day.Maybe most cops are good cops, all it takes are a couple of bad apples to ruin the whole bunch.
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Old 05-02-2006, 08:56 PM   #9 (permalink)
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Quote:
Originally Posted by liquid486
Isn't that like arresting someone for starting a fight when they are shadowboxing in front of mirror? I guess anything can really be called reckless driving/riding...

It's just the way laws are written bro and interpretation by the person reading it. If an officer is good with an ink pen he can make the Pope look like the biggest deviant in the world.
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Old 05-02-2006, 08:58 PM   #10 (permalink)
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im pretty sure him taking the keys out would count as an unreasonable seizure
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Old 05-02-2006, 08:58 PM   #11 (permalink)
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Quote:
Originally Posted by baron4406
Wow a cop actually pulled you over on hearsay, was rude to you, and was itching to write you a ticket???(so he could generate revenue-what cops are for)

Welcome to America. It happens a few thousand times a day.Maybe most cops are good cops, all it takes are a couple of bad apples to ruin the whole bunch.

Sorry, I didn't read in there where he said the cop was rude. Didn't sound like he was itching to write a ticket either since he was on a traffic stop and went back in service to investigate a possible wreckless driver when he already had someone stopped. As far as hearsey goes......an officer's investigation is just about always launched on hearsey until there is evidence to prove a violation has taken place or has not taken place.
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Old 05-02-2006, 09:02 PM   #12 (permalink)
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im pretty sure him taking the keys out would count as an unreasonable seizure

He already has the seizure covered by the stop itself. During a traffic stop the officer can request or even remove the keys from the vehicle to prevent a possible pursuit situation and for the safety of the officer and the public in general. He got a complaint from another officer and investigated it. I guess asking someone to turn their ignition off and place the keys on the roof or dash during a traffic stop would be considered unreasonable as well.
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Old 05-02-2006, 09:04 PM   #13 (permalink)
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Hmmm.... aren't these stories supposed to be in their own subforum?

BTW, if you just twist that wrist a little harder, this post wouldn't have happened.
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Old 05-02-2006, 09:09 PM   #14 (permalink)
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Hmmm.... aren't these stories supposed to be in their own subforum?

BTW, if you just twist that wrist a little harder, this post wouldn't have happened.

Good point. Moved it left a re-direct.


about twisting the wrist.
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Old 05-02-2006, 09:18 PM   #15 (permalink)
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Quote:
Originally Posted by OFFICER737
Yeah, if they can articulate it. It can also fall under the "drag racing offense". In the drag racing offense it states "any motorized vehicle that engages in a competition of speed and overall power of the vehicle, accelrates in an effort to reach it's max output of power. In a subsection it also states the vehicle does not have to be engaged in a competition with another vehicle but can be done by itself.
I was wondering since I know you have probably heard about California having a very strict policy on drag racing .etc. Lets say some jackass kid decides he needs to race me and I just go to the speed limit with out really putting out much effort than normal but his car is still trying to keep up. Now the kid looses control and side swipes a tree and dies in the accident. In California if 2 cars are racing and one crashes and the driver dies the other gets charged with manslaughter. Would you think that the same would go for any motorcycle even though the motorcyclist was not racing? This is all hypothetical by the way but I am pretty sure it won't be for long the way they are cracking down on street racing here.
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