Need Legal Advice
#1
Need Legal Advice - UPDATED - at Post #126
Last night I was out riding with 2 others. While at a light we accelerated away quickly (after the light had been green for a few second) but never exceeded the speed limit of 45mph as we had to turn in just 300 feet, and we all know a Road King is not gonna do 65mph in 300 feet. The officer wrote a citation for me and one other rider without ever questioning the 3rd rider who left the scene (all of us are friends). The charge is will full speed competition. The descrepancies are:
Also since he was a trooper, I am pretty sure he had a dash cam and I would like to obtain the video should I have to represent myself in court, can I do this and how?
The problem is this is not a minor offense, it can carry heavy fines, loss of license and even jail time. I was not racing and need to be able to prove this or at least find a technicality that will render the void.
Thanks
- We were not speeding (he wrote "A65" which I assume is his guess that we went 65mph)
- We were not even side by side but in a staggered formation
- According to where the officer said he was parked he could not have aven seen us 50 feet past the light
- The fact that he let the 3rd rider (a female) go
- The information on my citation list my proper name and adress but license info is completely incorrect with wrong number, wrong state and wrong class
Also since he was a trooper, I am pretty sure he had a dash cam and I would like to obtain the video should I have to represent myself in court, can I do this and how?
The problem is this is not a minor offense, it can carry heavy fines, loss of license and even jail time. I was not racing and need to be able to prove this or at least find a technicality that will render the void.
Thanks
Last edited by redling36; 08-28-2009 at 07:24 PM.
#3
You need to at least check with an Lawyer, the laws vary from state to state, but in Ohio the "will full speed competion" sounds like street racing and can result in a driver license suspension. One of my son's friends got hit with that and lost his license for a year, then got nabbed for driving under suspension, it will now cost him about $6000.00 to get his license back.
#4
Yeah, see if a lawyer casn give you some advice or do some searching online for SC laws.
And it would all depend on the judge, if he/she understands bikes/harleys etc.
How much is the ticket for and how many points? I doubt it will be worth your time.
If minor, I would just show up at the hearing and see what the plea is from the D.A.
And it would all depend on the judge, if he/she understands bikes/harleys etc.
How much is the ticket for and how many points? I doubt it will be worth your time.
If minor, I would just show up at the hearing and see what the plea is from the D.A.
#5
You can send in a written request under the open records laws for written reports and a copy of the tape to the issuing agency. They will most likely charge you per page and for the tape "copy".
You don't need to exceed the speed limit to receive a ciation of this type. In my area it's Racing or Unlawful Display Of Power depending on the observations.
Citation ID sounds messed up but when they enter it into the system chances are it will be corrected.
You don't need to exceed the speed limit to receive a ciation of this type. In my area it's Racing or Unlawful Display Of Power depending on the observations.
Citation ID sounds messed up but when they enter it into the system chances are it will be corrected.
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#8
Another vote for getting a lawyer. It is going to cost you. If you represent yourself or you roll over----your in a system that eats fools. The whole court system and traffic law enforcement is greed driven to support itself while maintaining the appearance of protecting you and the general public from itself. Your in the system now.
#9
When I was a teenager, I got a ticket for "excessive acceletation". If the cop thinks you were getting on it too hard, it's his word against yours. If you can get the tape and the judge can be convinced you were not, you have a chance. I agree w/ the above about legal consultation though.
#10
Agree on the "Freedom of Info" scenario. Public records. Do a li'l checking on the dash cam. Some states it is 'mandatory' they have them on, others, it is THEIR discretion, and as we all know, they can grow legs and disappear.
Given the 'penalty', also agree with the 'hunt a skunk' (get a lawyer) suggestions.
GROW a grey beard, buy an old panhead, they jus' figure you are TOO OLD and the scoot TOO SLOW to get involved in such fodder.
IF it is as you say, then I agree, someone had lumps in their oatmeal, for breffast. Bogus call, IMFUO. GOOD LUCK !!!! !!!!!!
I am so DAMMT glad, I ain't a kid growing up with these "F"ing laws. We made our FUN out in SoDak, going from our small town, to the next small town, drag racing their "Fast" car. IF ya beat 'em, good chance of gettin' a date, with their "hottie". Course, you were 'congenially' escorted outta town, by their football team !!!!! Also, good chance, the 'cop' in their town, knew your ol' man. AND he definitely knew whoz car was whoz. When I am out home, I occassionally run into one of the guys from those 'other' towns. GREAT fun, talking 'bout some of the cars, parties, etc, we had LAST MONTH!!!!! WELL, it seems like last month!!!!
FYI, this would've been, '67 - '70. YES, we had CARS back then !!!!!!!!
Given the 'penalty', also agree with the 'hunt a skunk' (get a lawyer) suggestions.
GROW a grey beard, buy an old panhead, they jus' figure you are TOO OLD and the scoot TOO SLOW to get involved in such fodder.
IF it is as you say, then I agree, someone had lumps in their oatmeal, for breffast. Bogus call, IMFUO. GOOD LUCK !!!! !!!!!!
I am so DAMMT glad, I ain't a kid growing up with these "F"ing laws. We made our FUN out in SoDak, going from our small town, to the next small town, drag racing their "Fast" car. IF ya beat 'em, good chance of gettin' a date, with their "hottie". Course, you were 'congenially' escorted outta town, by their football team !!!!! Also, good chance, the 'cop' in their town, knew your ol' man. AND he definitely knew whoz car was whoz. When I am out home, I occassionally run into one of the guys from those 'other' towns. GREAT fun, talking 'bout some of the cars, parties, etc, we had LAST MONTH!!!!! WELL, it seems like last month!!!!
FYI, this would've been, '67 - '70. YES, we had CARS back then !!!!!!!!