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Trial court tomorrow -.-

Discussion in 'Off-Topic Discussion' started by MxRacer190, Jul 23, 2012.

  1. Jul 23, 2012 at 6:10 PM
    #1
    MxRacer190

    MxRacer190 [OP] Well-Known Member

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    Reckless Driving. I was on my motorcycle.


    ticket says I was not maintaining my lane and doing 55mph in a 21mph zone.

    Here is my defense:
    1. I was taught to move from inside to outside of my OWN lane when coming to an intersection or stop sign. This is done to grab the attention of other vehicles while coming to a stop. But, I maintained my lane the whole time.

    2. I was not doing 55mph. There is no way to travel that fast in this 21 mph zone. There are speed bumps, a round-a-bout, and a stop sign. I shot a video, in my truck, of me doing the speed limit around the same time as when I got the ticket (same traffic and weather). Alos, the officer did not have me on radar etc.

    3. I've never had a ticket throughout my whole driving career. 15-22, 7 years, and NEVER had a violation.




    Should be fun and interesting, and a learning experience. Better than handing over $750 and taking 3 points on my license without a fight.
     
  2. Jul 23, 2012 at 6:12 PM
    #2
    steve o 77

    steve o 77 braaap

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    21mph zone? weird.

    Good luck.
     
  3. Jul 23, 2012 at 6:13 PM
    #3
    wrmathis

    wrmathis Dark Lord of the Sith

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    who the fuck has a 21 mph speed limit zone?
     
  4. Jul 23, 2012 at 6:14 PM
    #4
    MxRacer190

    MxRacer190 [OP] Well-Known Member

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    yeah, thanks


    College campus
     
  5. Jul 23, 2012 at 6:17 PM
    #5
    KenLyns

    KenLyns Lord of War

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    No radar? During cross-examination, ask the cop how he ascertained your speed. If the speeding accusation fails, then half his evidence falls away.
     
  6. Jul 23, 2012 at 6:19 PM
    #6
    steve o 77

    steve o 77 braaap

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    that's retarded, is 20mph too mainstream?
     
  7. Jul 23, 2012 at 6:19 PM
    #7
    MxRacer190

    MxRacer190 [OP] Well-Known Member

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    :) thanks for the advice.

    hahaha. I guess so.
     
  8. Jul 23, 2012 at 6:24 PM
    #8
    krap22

    krap22 Well-Known Member

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    If you were weaving back and forth in your lane they he might have you for something, but if you just switched which side of the lane you were in, then there is nothing wrong with that.
     
  9. Jul 23, 2012 at 6:32 PM
    #9
    Steves104x4

    Steves104x4 Well-Known Member

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    BUCKLE UP! It makes it harder for Aliens to pull you out of your Truck.
    I want proof of your speed; no radar? Piss off. You stayed in your lane and didn't touch a white line? Yes? You are entitled to the entire width of the lane. You moved to the left side of your lane for your safety and the safety of pedestrians and other users of the road.
     
  10. Jul 23, 2012 at 6:32 PM
    #10
    Rich91710

    Rich91710 Well-Known Member

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    Unfortunately, your clean record might help persuade a jury, but "character" is inadmissible and the judge (or the times I've fought tickets, I've gotten a County Commissioner acting as judge) will ignore it.

    Presenting the video may or may not be problematic. Best to go in prepared with large printed photos showing the speed bumps and obstacles rather than relying on a video that you may not be able to present.

    You will generally not be allowed to approach the bench directly. Any exhibits that you have will be handed to the judge by the bailiff. It's not like you're going to be sitting at Starbucks able to share an iPhone video ;)


    Focus on what you were taught when approaching an intersection, and bring documentation from MSF or whatever school teaches this in your area. The judge may not be a rider and may have no clue about safe riding.

    Be prepared to plea it down to a reasonable speeding ticket. I had a cop pick me off claiming 55 in a 40, but he wrote me under (b) rather than (a) which included "unsafe excessive".... the fine was $20 more (hey, I made $3.50/hr and the difference was $30 vs $50).
    I told the judge that, while I was not going 55, that I would not be wasting the court's time had he written me under (a) as a simple speed violation.
    Judge reduced the fine to the $30 minimum allowed by LA County.
     
  11. Jul 23, 2012 at 6:38 PM
    #11
    wildjerseyfirefighter

    wildjerseyfirefighter I sell fishing and fishing accessories

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    21 mph? Thats nothing, we have speed limits of 9 mph round here..lol
     
  12. Jul 23, 2012 at 6:39 PM
    #12
    whippersnapper02

    whippersnapper02 Well-Known Member

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    Good luck OP.:thumbsup:
     
  13. Jul 23, 2012 at 6:44 PM
    #13
    Zombie

    Zombie I miss my Taco

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    The problem with traffic court is that it is crooked as hell. Unless you have a lawyer its not worth trying to fight it. Judge will almost always take the officers side.
     
  14. Jul 23, 2012 at 6:47 PM
    #14
    Xaks

    Xaks Cranky & often armed sysadmin

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    The proof of your speeding is the burden of the accusor.

    If they can't prove you were speeding, you're in pretty good shape.
     
  15. Jul 23, 2012 at 6:47 PM
    #15
    Steves104x4

    Steves104x4 Well-Known Member

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    BUCKLE UP! It makes it harder for Aliens to pull you out of your Truck.
    Keep your expaination brief and in point form 1, 2, 3. That is all; do not add or change anything after you have made your statement. If the judge (or anyone) asks if you have anything further to add.....no. The more you talk, the more they will be able to poke holes in your statement. Keep it short and simple. Remember KISS. [​IMG]
     
  16. Jul 23, 2012 at 6:53 PM
    #16
    Rich91710

    Rich91710 Well-Known Member

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    That's the way it's supposed to work and the way we were told it works in my Constitutional Law class.


    In reality, it boils down to the officer having more credibility in the judge's mind than the guy trying to get out of paying a ticket.


    Normally, the best you can hope for is the officer doesn't show up.
    Whether that happens often depends on what happened on the street.
    The more "memorable" you were, the more likely he is to appear. If you were "that guy" that he told his buddies about back at the station, he's DEFINITELY going to show up.
    If you blended in with the 20 other citations he wrote, he may not remember you. And this brings an important issue...

    The officer must have clear independent recollection of the incident.
    I actually got off on one ticket because the officer misquoted me, I corrected him, the judge asked "Is he correct?", and the officer responded that I was. Judge tossed it right there.
     
  17. Jul 23, 2012 at 6:59 PM
    #17
    Steves104x4

    Steves104x4 Well-Known Member

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    BUCKLE UP! It makes it harder for Aliens to pull you out of your Truck.
    Again, keep emotion out of it. Just the facts 1,2,3 say NO MORE and no less; just the facts. Good luck.

    Kirk out.[​IMG]
     
  18. Jul 24, 2012 at 10:13 AM
    #18
    MxRacer190

    MxRacer190 [OP] Well-Known Member

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    Not too bad. Not exactly what I wanted, but it's better than before.



    Dropped the reckless driving to a speeding ticket. Instead of $750, now I only had to pay $260. Overall happy.
     
  19. Jul 24, 2012 at 10:18 AM
    #19
    T@co_Pr3runn3r

    T@co_Pr3runn3r XXXXXXXXXXXXXXXXXXX

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    Ok, so the 21 mph zone is so they can catch you on a bicycle and the other one, 9mph is so they can catch you on a segway? or running? WTF with odd ass speed limits, lol.....Congrats on the fine reduction.
     
  20. Jul 24, 2012 at 10:22 AM
    #20
    dexterdog

    dexterdog My pee parts itch

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    Good luck but you will probably learn it is best to lawyer up in these situations. Every motorcyclist I know hires a lawyer when it comes to traffic infractions.
     
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