View Full Version : What would you guys do?
p00kienrayray
03-03-2009, 07:54 PM
Ok basically last summer my bike was having idle problems, and would die whenever I came to a stop. So on my way home on the fwy, there was bumper to bumper traffic on the junction on ramp, which happened to be on an incline. It was hot as fuck, so I didn't wanna stop and have my bike die, nor did I wanna hold up traffic either. So I slowly (like 5mph) took the shoulder. That's where they got me.
Now I'm going to court to contest the ticket this week. I'm gonna tell the judge the condition of my bike at the time, and that I only did what I did to avoid any further traffic complications. The chipper wasn't havin it that day, but hopefully the court would consider it.
Mr Lefty
03-03-2009, 07:56 PM
your in cali... doesn't the lane splitting allowance apply?
Homeslice
03-03-2009, 08:00 PM
your in cali... doesn't the lane splitting allowance apply?
Still doesn't allow you to use the shoulder..........you still have to be within the lines.
I'd find a good reason not to show up in court until the cop who issued you he ticket was retired. I have traffic court on the 24th, this will be the 4th time over 2 years hat I've been able to push the date back.
azoomm
03-03-2009, 08:15 PM
lawyer.
If your bike wasn't in good working order or able to legally maneuver the road the court could argue it shouldn't have been on the road. It isn't a valid legal excuse.
Call a lawyer.
Lamnidae
03-03-2009, 09:12 PM
lawyer.
If your bike wasn't in good working order or able to legally maneuver the road the court could argue it shouldn't have been on the road. It isn't a valid legal excuse.
Call a lawyer.
agreed.
Porkchop
03-03-2009, 09:36 PM
lawyer.
If your bike wasn't in good working order or able to legally maneuver the road the court could argue it shouldn't have been on the road. It isn't a valid legal excuse.
Call a lawyer.
SCREW THAT! By the time you took legal advice from a professional, or used said professional in court.... your going to be spending more money than you would be with paying the actual ticket!!!!
I think if you stated your case and said you were trying to get home without creating more of a traffic problem on a machine that was having problems they might consider it. I'm not advocating lying, but its traffic court.... not a murder case, they dont need to know that it was having previous issues. For all the cop knows, it started acting up that day on the way home from work......
askmrjesus
03-03-2009, 09:52 PM
I'm torn.
On the one hand, Azoom is right. Using a pre-existing mechanical condition is not going to fly in court.
"I would have stopped for that red light your Honor, but my brakes stopped working two months ago."
On the other hand, I'm with Porkchop. When it comes to traffic court, my first reaction is to deny everything. Fuck those people. Legal or not, you were trying to do the right thing for your bike, and for traffic. I can't fault you for that.
It's like that Olivia Newton-John song. "Torn between two lovers, feelin' like a fool, loving both of you, is breaking all the rules".
Of course, that doesn't really help you, but it does prove two things;
1. I have some really fucked up songs stuck in my head.
2. Olivia Newton-John is a total whore.
JC
Smittie61984
03-03-2009, 10:08 PM
Request a jury trial. Often times you can get small cases thrown out. Unless the judge wants to sock it to you.
Mechanical excuse won't fly. You could say "My bike suddenly had issues where it kept dying and I was trying to nurse it home so I could work on it". And then explain you resolved the problem.
Porkchop
03-03-2009, 10:19 PM
You could say "My bike suddenly had issues where it kept dying and I was trying to nurse it home so I could work on it". And then explain you resolved the problem.
Money!!!!! Untrue..... but money! You didnt kill anybody with you mis-working bike.
JoJoYZF
03-03-2009, 10:55 PM
Request a jury trial. Often times you can get small cases thrown out. Unless the judge wants to sock it to you.
Mechanical excuse won't fly. You could say "My bike suddenly had issues where it kept dying and I was trying to nurse it home so I could work on it". And then explain you resolved the problem.
Exactly. DO NOT say that it had been like that since they will simply tell you that you should not have been riding it in that condition. Tell them it started acting up and you had to get it home. Its about the only chance you have of getting out of that one.
p00kienrayray
03-04-2009, 01:06 AM
you guys have a point! man normally i wouldn't pull a douche move like using the shoulder, but damn i was NOT gonna resort to pushing my bike through hot ass fwy traffic.
as far as getting a lawyer goes, the ticket is already paid for. i think it was $180ish...so its not serious enough to get a lawyer. i just don't wanna pay for pointless traffic school.
So I'll just testify that my bike was acting up on the way home, and i wanted to avoid being stranded.
Lamnidae
03-04-2009, 07:49 AM
So I'll just testify that my bike was acting up on the way home, and i wanted to avoid being stranded.
that's probably the best route to go for explination. It started acting up, you were having problems and you were trying to make sure you didn't end up getting stranded, you had an option and in GOOD FAITH (remember that) you did what you did, as you felt it was the best choice in the situation to keep yourself from being injured, or causing any injury to another person.
fnfalman
03-04-2009, 10:24 AM
Request for an extension and then choose the option of trial by declaration in which they send you the form and you fill it out, telling the judge why you had to do what you had to do. Don't be stupid and say that your bike had been running bad. Just said that on the way back home, your bike began to develope a mechanical problem.
Papa_Complex
03-04-2009, 11:22 AM
How fast were you going in the breakdown lane, how long did the cop see you doing it, and did you pass any exit ramps along the way?
marko138
03-04-2009, 12:16 PM
Good luck.
p00kienrayray
03-04-2009, 01:35 PM
How fast were you going in the breakdown lane, how long did the cop see you doing it, and did you pass any exit ramps along the way?
5mph the whole way thru, i was just trying to keep the bike moving so the revs wouldnt go down. i did pass some exits, but i'll just claim that the idle was choppy as i went up the junction ramp.
Request for an extension and then choose the option of trial by declaration in which they send you the form and you fill it out, telling the judge why you had to do what you had to do. .
is the trial by declaration something that i bring up to the court clerk? ive never heard of that before.
Papa_Complex
03-04-2009, 01:44 PM
You'll be hosed by passing the other exits. It shows that the mechaincal issue wasn't bad enough to warrant being in the breakdown lane.
p00kienrayray
03-04-2009, 02:20 PM
well what if i just said that it wasnt choppy until after that incline?
I already know i'm fighting an uphill war, but i dont wanna go out without a fight. i have nothing to lose (well besides going to traffic school).
Papa_Complex
03-04-2009, 02:21 PM
They would likely ask you how you intended to get off the highway at all and why you didn't just stop at that point.
Depends how much the ticket is. I'd compare that to what you would pay a lawyer to, at least at a minimum, reduce it to a non-moving violation. I still haven't paid my ticket I got from there two years ago, when I wen riding through some canyons.
Porkchop
03-04-2009, 02:38 PM
So im in this law class.... and i just brought up your case to our teacher, who is a lawyer.
Your screwed.......
rogue
03-04-2009, 02:41 PM
Depends how much the ticket is. I'd compare that to what you would pay a lawyer to, at least at a minimum, reduce it to a non-moving violation. I still haven't paid my ticket I got from there two years ago, when I wen riding through some canyons.
There's another idea. Call and see if you can get it dropped to a non moving violation. Alot of times they will. The price of the ticket may stay the same though.
A traffic lawyer should, in most cases, reduce it to a non-moving. Had it done on every ticket I've dropped off to a lawyer. Our local forum has a member who's a lawyer and handles are tickets for free. And he's all about the track. He usually gets it to a non-moving and a reduced fine.
rogue
03-04-2009, 02:57 PM
Here you can call the DA and it may take them a week or so to get back to you, but they'll drop it.
marko138
03-04-2009, 03:01 PM
Just pay the goddamn fine and move on.
Just pay the goddamn fine and move on.
Solid option. It can't be that much. But, then again, Cali is hurting for money.
marko138
03-04-2009, 03:04 PM
Solid option. It can't be that much. But, then again, Cali is hurting for money.
They aren't even giving dudes their tax refund. Thats some bullshit.
Particle Man
03-04-2009, 05:12 PM
2 things:
1: I'd argue that in that situation you didn't feel safe in those traffic conditions given all the dick heads talking on cell phones in steel cages around you so you feared for your safety
2:
On the other hand, I'm with Porkchop.JC
I just needed to quote that :lol:
p00kienrayray
03-05-2009, 12:03 AM
well then, i'll just hope that the chp doesnt show up...:hitfan:
i paid the ticket off already, it was 180 or something like that. so if i lose, i dont get my money back.
FUCK TRAFFIC SCHOOL!!!
Porkchop
03-05-2009, 02:02 AM
well then, i'll just hope that the chp doesnt show up...:hitfan:
i paid the ticket off already, it was 180 or something like that. so if i lose, i dont get my money back.
FUCK TRAFFIC SCHOOL!!!
Dont give up on what we told you to do..... they may think about it.
p00kienrayray
03-06-2009, 07:02 PM
Well i went to court this morning along with the 30 other ppl that was there to contest their traffic violations. unfortunately, the officer that cited me showed up.
the judge was being a real bitch and just wasn't having it that day. a lot of the ppl contesting had pretty good excuses (better than mine at least), but she was finding them guilty based off technicality.
i knew i wasnt gonna convince her, so.......i pled insanity....
naw, i pled no contest. but i guess 2 good things came out of it:
1) she granted me an 30 day extension on traffic school
2) i was able to get the fuck outta there without waiting for the other 30 to finish their cases.
Smittie61984
03-06-2009, 07:13 PM
Should have based your case off of this guy...
http://www.youtube.com/watch?v=wtofbxmlv8Y
p00kienrayray
03-06-2009, 07:42 PM
lol. is this even real???
that is one hot ass judge!!!:drool:
Porkchop
03-06-2009, 08:01 PM
NOOOOOOOOOOOO!!!!!!!! The video that will never stop!!!!!!
Smittie61984
03-06-2009, 08:33 PM
NOOOOOOOOOOOO!!!!!!!! The video that will never stop!!!!!!
Hahaha. That guy has reached Epic status from his stupidity. I forgot about it until this post and just had to.
Oh yeah. It is 100% real.
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