Ticket fun..

[Kilbane83]

So I got a ticket today.. long story I guess. I was merging onto a main interstate (I35 if you care to know) with a 65mph speed limit.. flow of traffic is generally around 75mph. The on ramp comes from below the interstate so you can't see oncomming traffic.. and I have to merge from right turn at a stop stop sign with minimal acceleration lane (it's really common in texas) So generally I see a good sized hole in traffic and get up to around 85mph to merge then adjust speed to the flow of traffic so as not to get smashed from behind or cut off by someone exiting from 2 lanes over (again common in texas)

Anyway same thing as anyother day. I'm cruising along and a Unmarked cop car pulls beside me with his lights on so I look for a place to pull over, I'm in the middle lane.. there is no right shoulder so I pull over to the left.. which I didn't know was illegal I just figured cop wants me to pull over so I did. He gets out and I take my helmet and gloves off and earplugs out and he says "I've been following you for awhile with my siren on didn't you see me?" I look at him and say no sorry I really can't see anything behind me.. then he says "Well I thought you were trying to run, we get alot of bikes that run, but after I followed you for awhile and your speed didn't change I decided to pull up next to you. You should have heard me those things are going to get you killed ( he meant my earplugs) I ignore the comment thinking it's pretty damn obvious this guy has never ridden a bike in 70+mph interstate traffic you can't hear shit anyway. Not to mention if I was running there is no way in hell I'd be going ~75mph in traffic.

So it goes on, I'm still not sure why he pulled me over to be honest he gets my lisence and reg figured maybe it's just a routine stop cause I'm on a sportbike. no biggy comes back and gives me a ticket for going 92 in a 65 and for driving to fast for conditions. At this point I'm honestly surprised I said to him there is no way I was going 92 unless the guy in front of me was going 92 as well.. and the one in front of him.. and the semi next to him. And as far as "unsafe speed for the conditions" It was 94degrees, hasn't rained in over 2 weeks, and was 12:30pm... not exactly bad conditions.

Cop says "I saw you when you got on and gunned it I had to accelerate really hard to catch up and I verified it with radar."

I said I was simply merging with traffic, I don't want to get hit from behind.. I can see in front of me not behind me. And you said youself my speed wasn't changing I was going with the flow of traffic once I merged.

Cop says "You have to go faster to merge with traffic?"

I say "I can't see traffic behind me on that onramp, I can only see whats in front and to the side I saw a hole in traffic went for it and merged into traffic and adjusted speed.. isn't that what merging is?"

Cop says "No you merge going slower than traffic then match the speed"

At this point I'm really amazed, I ask the cop if he's ever ridden a bike before and he says.... "Yes, I ride all of the time, I rode this morning" I'm trying hard at this point not to call the cop a liar to his face. I'm thinking he was surprised I couldn't see behind me.. I don't know many sport bikes that you can see behind you without actually turning around to look.. and was surprised that I was wearing earplugs and couldn't hear him. So I try to remain calm and say "So you're saying I should go slower than traffic on a hard to see vehicle in ideal conditions and hope for the best as I try to get over and not get forced off into a ditch by the idiot to my left and the guy comming up on my ass doing 75+.."

Cop says "Well if they where going 75 they'd be speeding too."

I'm thinking wtf you followed me through a flow of traffic doing 75mph or faster. So I'm getting a bit pissed at this point. I told the cop "I wasn't doing 92mph, maybe around 85 according to my speedo which is historically generous for speed, for less than 3 seconds to merge with traffic, in which time you where able to clock me doing supposidly 92mph. I then adjusted speed for traffic and you followed me for about a mile doing the same speed as everone else, and the whole time I didn't even know you where back there.. and you're giving me a ticket for driving unsafe speed for the conditions?"

Cop says "yeah, but I won't give you a ticket for pulling over to the left, just don't do it again it's illegal."

At this point I give up cause the cop already wrote the ticket he's not changing his mind I just say Well that I didn't know, thanks.. but I don't agree with you and don't believe you've ever ridden a motorcycle in traffic, even though you don't care and aren't really paying attention.

Cop says "Oh I do care you're going to get yourself killed driving like that."

I said Driving like what? Alert and paying attention to traffic ahead of me and to right/left not behind me? interesting idea I"ll try riding my bike backwards sometime but not today. See ya at the courthouse.

Got my gear on and took off again merging doing about 75mph just shaking my head.

So what do you guys think the ticket is for $474 which is insane. Am I doing things wrong? I see people get hit merging in vehicles all the damn time, I'd wager it's probably 90% of the causes of crashes around here.. people trying to merge going 35mph onto a 70mph road. My thoughts is it's people going to slow that cause accidents, not people going a few miles over the limit. I think I can get the unsafe speed thing dropped which is $222. But really I mean was I wrong?

Oh and just my 2cp I don't think cops that have never ridden a motorcycle and don't have a CM lisence should be allowed to pull over motorcycles for what they think are normal violations.

[clockworkjon]

That sucks, the guy must have some end-of-the-month quota to hit. Its people that merge onto a freeway going 40 that cause trouble. I wouldn't change a thing, except maybe getting some rear view mirrors off a semi truck and a back up parking camera from a Lexus. That way you can spend all the time you need looking behind you and go just fast enough to not get hit!

[FZ6 B-Rad]

Wow!!! What a rant!!! That made me mad just reading it!!! i agree with you 100%!!!! what an asshole!!! In my opinion you did nothing wrong and should not have been given a ticket. It is complete bullshit that you got a ticket for watching around you and trying to be safe.....whatever, though....i'd def. take this baby to court

[04Fizzer]

Call a lawyer and take it to court.

[derf]

Maybe I misunderstand you but I think I agree with the cop.... if you have a hard time seeing behind you the last thing you should do is spped past traffic and slow when entering the passing traffic.

[cyclone]

Originally Posted by 04Fizzer

Call a lawyer and take it to court.

On what grounds, he broke the law by going faster than the speed limit. not to say that it doesn't sucks that he got a ticket, i think any cop with some common sense would understand. But fighting a ticket because you don't like it? He admitted he was traveling faster than 65...there is no justification in the law. Any sort of leeway is up to the officers discretion, and in this case on this day it didn't work out.

[gundog]

I'm a cop- and ride. If you go to court with the ticket, good luck. While Washington Law differs from Texas I'm sure, maybe a few things that could help you out...

Radar- If he used a laser radar, it can differentiate and be specific to each vehicle thus acurately measuring speed at an instant moment in time. However, a laser radar reads instant speed and needs to remain stationary to do so, so if he was accelerating to catch you while getting you on radar, it wasn't laser. If it was a doplar system, which is to one that sets off regular detectors, it can judge speed on the move. It has to be set for "going" to read speed on a vehicle going away from you. The big thing about that type of radar is it cannot be vehicle specific in heavy traffic. ESPECIALLY since you are on a small vehicle and around much larger vehicles, that radar can be invalidated by reading other vehicles around you .

Based on what I know about radar, I highly doubt it was used properly, if at all. That you have a right to know before a hearing, and will invalidate a ticket.

Pacing: If he paced you in his vehicle, he needs to maintain an equal distance behind you while measuring his speed on a CALIBRATED speedometer. That Speedometer has to be calibrated through radar verification every two years. You have a right to know AT the hearing when the speedo was calibrated, and what tool he used to ESTIMATE your speed, which is all a pace is.

Entering traffic: There is a short merge section for which a vehicle can use to get up to speed and enter traffic. Admitting you go over speed is not a good idea, but admitting that your focus was not on the speedo and actually on the hole in traffic whilke matching that traffic speed is OK. You are loking out for the safety of yourself and the traffic on the freeway. Entering 75mph traffic at 45 and then acellerating creates an accordian affect on traffic and results in rear end collisions even miles down the road. You would be guilty of IMPROPER LANE USAGE if you did this. If you have to focus on traffic speed, flow, and space while merging, THEN look at your speedo and adjust, you are beeing as safe as you can be.

SPEED TOO FAST FOR CONDITION? WTF???? That is usually a rainy, snowy, icy day charge in a rear end collision or slide-through of a stop sign/signal. Simply stated, if the vehicle speed creates a violation of taffic law that endangers people or property, and is NOT INTENTIONAL, it is too fast for conditions. You accelerated to keep people safe. You did not break tire traction, induce a front end weave, or overshoot the lane you were entering. You drove well within you and your vehicle's limits and entered traffic. Some things to consider when defeating this charge are the road condition- not just 94 degrees. Note that there were no slippery tar snakes on the road, no gravel, dry surface, surface type (concrete or blacktop) and no parallel ruts in the road surface. Note also the condition of your tires, as far as tread type and depth (not running racing slicks or knobbies, adn that they are withing manufacture specs.)

I hope this helps, and good luck. I hate squids on bikes- not because I am a police officer, but because they make the rest of us riders look like dicks. You sound like you made a choice to keep you and others safe, so good luck with the ticket.

[PETSHOPBOY]

here in cali the dmv book states you merge going the speed of traffic, witch is bullshit because there is red lights and stop signs along side the freeway everywhere. so i guess its cool to do 0-75+ as fast as you can here! id fight it.

[04Fizzer]

Originally Posted by cyclone

On what grounds, he broke the law by going faster than the speed limit. not to say that it doesn't sucks that he got a ticket, i think any cop with some common sense would understand. But fighting a ticket because you don't like it? He admitted he was traveling faster than 65...there is no justification in the law. Any sort of leeway is up to the officers discretion, and in this case on this day it didn't work out.

See gundog's comments.

[sdm1177]

Wow, thanks gundog for your contribution.

I'd fight it. One comment I didn't see raised about fighting the ticket is the "keeping with the flow of traffic". I think gundog eluded to it, but since you were keeping with the flow of traffic, even though it was a speeding flow, that you were maintaining the safety of yourself and the other motorists. Though you were singled out because of your peak speed, it would seem that because you continued to maintain speed, you weren't doing anything wrong and everyone else should have been stopped too.

[Mad Cow FZ6]

"Keeping with the flow of traffic" is NOT a valid defence for speeding. Gundog made some good points and I would take that advice and get a copy of the book "Fight Your Ticket" by NOLO press and do the following:

Subpeona all notes/evidence the ticketing officer has
Complete a Trial by Declaration ( I am assuming this is valid in TX)
If you are found guilty on a TBD you can ask for a Trial de Novo.

In essence you are appearing before a judge twice. Once by written statement and once personally. This is the only time you can actually be tried twice, at your request, for the same offense. Doing a Trial de Novo is like calling bullshit and saying I want to be heeard again. If things dont go your way at the Trial de Novo then ask the judge if you can plead to a lesser charge, say 75 in a 65 and get traffic school.

If the ticketing officer does not respond to the TBD then you win. If the ticketing officer does not appear in court then you win. You have two chances right there to beat this ticket.

Good luck!

[immakillu4fun187]

Lawyers are a good idea, well at least in Louisiana they are. I've had a bunch of speeding tickets and my lawyer got them bumped down to none-moving violations so they stayed off my record. the only good use for a lawyer in traffic court is to get citations dropped down to something else or in a very rare case, dismissed. My lawyer sometimes will keep pushing my court date back until the cop doesnt show up or he gets a presecutor he knows

[bigsissy33064]

Get a spring loaded tag bracket that will allow you to flip your tag up under you exhaust out of site, and the next time you ride on that stretch of road flip it up! If the cop followed you for a mile with his lights on, he probably knew your tag number by heart by the time he rode up along side you, so running was not an option, they would just come by your house later and pick you up...........but if your tag was out of site, well lets just say, the look on his face sure would have changed when you down shifted to 4th. and pulled away like an arrow from a bow! By the time you hit 6th. gear he wouldn't even be in your mirrors any more, and you could use the extra $474.00 to do some new mods to your bike, and buy a new pair of underware! (It's alway's fight or flight) and since you didn't flight, I guess you will have to fight, your ticket that is. Good luck with that, and remember : Some times with just a twist of your wrist you can change the entire outcome of your day!



bigsissy33064 does not condone or encourage any individual to attempt to flee or elude an officer of the law at any time!

[Magseal]

yeah...run next time...LOL

on the subject of not seeing behind you, I'm surprised he didn't go after that more....I believe you are a danger to yourself and others if you can't see behind you. Since rear view mirrors are required by law, i would have thought he could have cited you for some obscure mirror violation. I know we're all pushing our luck because it is hard, but not impossible, to see behind you.
Our mirrors are crap, especially if your big in the shoulders, but it's still no excuse to not make an effort to see back there.

[supergengo]

That sucks! I think you may have at least some defense in this case from the description of events as you told them. Your best hope is to go to court and hope that assclown cop doesn't show up.

Great comments by Gundog. Wish all officers were as wise.