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Anyone get a "speed contest" ticket / how to figh one?

Discussion in 'Hangout Lounge' started by Big_P, Apr 2, 2012.

  1. Big_P

    Big_P Member

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    Took my bike out the other day for the first time with two other buddies. We pulled up to a stop light, they were next to each other in front and i was in the middle behind them. They took off kind of racing and i took of somewhat normal never exceeded the speed limit. Anyways a cop pulled all three of us over and gave us all "exhibition of speed : speed contest" tickets and cited us for going 50 in a 35. There is no way any of us hit 50 the other two might have hit 40 but i only barley made it to 35 before getting pulled over.

    Is there any way to go about fighting this other than describing my situation?? Looking for someone who has had experience with this or fought a ticket before (i never have).

    Also its un-relevant to my case but the friend that "won" the race being in the lead looked at his ticket when we got home and it had his bike down as a honda civic and a wrong license plate number???

    Thanks a bunch for any advice. Normally i would just accept the consequences of my actions but I know i wasnt in the wrong in this situation. (That and being a college student its hard to add this extra expense to my budget)
     
  2. MN-Maxims

    MN-Maxims St. Paul Minnesota

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    It's all about points as far as the insurance company is concerned. If you don't fight this ticket you'll pay in higher insurance premiums. Also if someone does a DMV check it will show up. Employers sometimes do DMV checks as part of a background check.
    Seek legal advise and maybe pay a lawyer to plead this down. I would fight this by all means.
     
  3. Big_P

    Big_P Member

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    Thanks. Im planning on fighting it but like i said i have never fought a ticket before and am seeking advice. (can't afford a lawyer)
     
  4. Jeff532003

    Jeff532003 Member

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    What state are you in? That can make a difference. I know in Texas they almost always have the video from the police cruiser when you go in so you can see exactly what they saw. I was stunned by this being from New England where they do not have the video when you go in.
    Either way what will happen is you will go in and talk to a prosecuteer not a judge. They will either throw out the charge, offer you to take some sort of driver education class pay an "administrative fee" and then they'll throw it out. This often costs more than the ticket but will save you from high insurance premiums. Or they may not be willing to work with you at all and insist you where in the wrong. If this is the case and you refuse to agree then you will be scheduled a hearing in front of a judge. The officer who wrote the ticket will also be summoned to court to testify his side. In most states if he doesn't show then they will throw out the ticket. But be forewarned. If the judge doesn't like you he can actually increase your fine and add other charges as well. Good luck.
     
  5. Hvnbnd

    Hvnbnd Active Member

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    I'd fight it!
    1st of all did he show you the radar gun when he accused you?
    Was he directly behind you so that he could clock you?
    Both of those are points to argue your case... if he says he got you with radar, how do you know he wasn't getting someone else?
    Bikes are real hard to get on radar!

    Where he got you is exebition. If you can convince the judge that you were a victim of circumstance, you might get off.
    Just explaine how you were not a part of their nonsence but were obeying the law.
     
  6. mook1al

    mook1al Member

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    I would fight it. I have fought every ticket I have been issued, and probably half of them were thrown out...generally because the citing officer was not present.
     
  7. mtnbikecrazy55

    mtnbikecrazy55 Active Member

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    Get it changed -

    Long story short, i got a speeding ticket in my car. 51 in a 35. i thought it was a 45, was lost out of my mind, but in the end the error was all on my part.

    Originally 4 points off and a 114.00 fine, but i went to court to see if the judge would reduce it.

    He gave me to options - reduce it to an 80.00 fee and 2 points, or change it to a village ordinance violation of "disorderly conduct with a motor vehicle" which wouldn't leave the village, or be reported to the dmv, nor go on my record, nor take any points off. However, it was 178.00 fine.

    However, i figured that the effect on the insurance would have been much greater if i would have had the speeding ticket on my insurance being only 20 years old.

    So just for kicks, i had the ins. company tell me the diff as the agent is my dads college friend, and if i would have had the ticket stick, it would have been 130.00 more every year for THREE YEARS. thats 390.00 more over 3 years. and thats JUST on my car! I wouldn't even want to know about the bike!

    So in sum, try to get it changed to some sort of ordinance violation. May be more expensive now, but you;ll be thankful when its time to renew your insurance!

    Yay for spending money on dumb stuff like tickets in college! (sarcasam)

    Chris
     
  8. hogfiddles

    hogfiddles XJ-Wizard, Host-Central NY Carb Clinic Moderator Premium Member

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    Don't let them kid you......bikes ARE pretty easy to get on radar. Been there, clocked at 45 in a 35 (crossed the zone line RIGHT after pulling out of an intersection and didn't see the sign.He whipped right around and lights came on. I was heading to a bike-night, and FUNNY .......I pulled over within half a block of where her pulled up behind me.......in the parking lot where 200+ other bikes were already at.

    I took the "offensive", not in a bad way. I was polite at all times.......

    "Is there a problem, officer?"
    "Do you know why I pulled you over?"
    "Um, is one of my lights out? The dash indicates their all working"
    "No, you were speeding"
    "?!?!?! I just pulled out from the stop sign at the intersection after waiting for 4 cars to go by. I'm not going risk speeding or anything STUPID with THIS bike....it's a trophy collector's item" (my 900rk - 1st place trophy winner)
    "Do you know have fast you were going?"
    "0 at the stop sign, and the 35 mph zone was coming up ahead"
    "did you see me coming towards you?'
    "No, I was looking to see where the parking lot is that I was looking for for the bike-night here in town"

    (Of course, over 200+ people watching all this)

    "Alright, I don't want to make waves (looks around at all the bikes and riders who are spending a LOT of money on loca food and gas). Pay closer attention and take it easy".
    "Yes sir, no problem"

    Of course, after I got off the bike, then there were all the typical, who do they think they are, and what a #$%, etc...... type of comments. A few handshakes, but hey.........the officer just doing his job.

    Dave F
     
  9. Durk

    Durk Member

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    I keep my bike with a completly different insurance carrier (progressive) in case I get ticketed.
    Got 2 tickets for 82 in a 55, went to court got them to drop the wreckless driving (3pts), manned up and took the 6 pts for speeding. Got a letter from Progressive warning me that if I got another ticket my rate would increase 5%, which was funny because my rate was $100 per year at the time, so wow a whole $5.
    But to answer your question, go to court, wear a suit, apologize for being stupid, say something about needing to respect the laws and safety of others on the roadways, you know riding a motorcycle is a priviledge blah blah blah. Say that you only hit 35mph, plead your case without trashing the cop. Saying the cop can't do their job won't get you anywhere.
     
  10. iwingameover

    iwingameover Active Member

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    Where you live will help decide the outcome. Incorrect information on a ticket does not get it dismissed. Atleast not in Wickenburg, AZ. I've never owned a purple car!

    Had another case years ago where the officer didn't show, the judge just rescheduled again and again, four times in total. I lost.

    I always wonder about the "exhibition of speed" and the criteria for a ticket. If I never break the limit but accelerated quickly, did I exhibit speed? And by whose definition of quickly?

    I would argue, but when you do go to court and they find you guilty you have to pay that day or ask the judge for a payment plan not the clerk.
     
  11. Ledicott96

    Ledicott96 Member

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    Not meaning to thread jack but quality story from Dave, that made me chuckle.
    Al
     
  12. Big_P

    Big_P Member

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    Thanks for all the advice! I live in Utah im not sure how much the "exhibition of speed : speed contest" ticket differs from state to state but under Utahs code for the ticket "41-6a-606" it says:

    The road i was on was no where close to even being considered a "highway"... does it make a difference?
     
  13. Big_P

    Big_P Member

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    Also i just noticed that my FULL social security number is on the ticket???? Since when did that become okay?! Has nothing to do with fighting the ticket but still what if i were to lose it and someone found it or what about a corrupt cop being able to have access to anyone's social.
     
  14. hogfiddles

    hogfiddles XJ-Wizard, Host-Central NY Carb Clinic Moderator Premium Member

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    After my heart stopped thumping in my throat, and I could unwind a little bit, it was kind of comical to look back on it... yeah, the policeman wants to give out a ticket.....right in front of a few hundred bikers, all of who are WATCHING and deciding if they are actually going turn out for another bike nite........which IS a big deal to the small town, as many businesses do contribute items for the raffles, which generate money to help local in-need residents....etc....... who are ALSO outstanding local residents and business owners that may be suffereing from cancer, als, or other such stuff.............

    Dave
     
  15. TIMEtoRIDE

    TIMEtoRIDE Active Member

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    Combining a speeding ordinance with unlawful barricades is like . . .

    . . . having the department responsible for Alcohol and Tobacco handle Firearms as well :lol:
     
  16. iwingameover

    iwingameover Active Member

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    Don't forget they've added Explosives to their list. BATFE
     
  17. fakeplay

    fakeplay Member

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    Buy some flowers for the judges wife. That'll do it. (or open a whole new can of worms).
     
  18. bigfitz52

    bigfitz52 Well-Known Member Premium Member

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    If the wrong vehicle information is on the ticket by all means "fight" it; when you call or write in to say you want to fight it and you have to give a reason mention that it's "not even me."

    They'll schedule the court date, you'll have to appear--- and the cop who screwed up the ticket won't even show up. Betcha.

    If he does, you point out that the vehicle in the citation is a Honda Civic automobile and you were riding your motorcycle.

    It'll get kicked. It has to. The citation is your "indictment" and if it's wrong, there IS NO CASE. It's the officer's statement of the facts of the "offense." Except YOU were NOT driving the vehicle NAMED in the citation on the date or at the time the alleged offense occurred. Dismissed.

    I'm still betting the cop doesn't show once he reads why you're fighting it. He'd have too much to explain to the judge/magistrate.

    (This exact scenario just happened to my daughter here in Michigan, except she was in her RED FORD and the ticket said WHITE CHEVROLET. And the car's tag number was even wrong. The cop didn't show for the "following too close" ticket, she told the judge she didn't know why he pulled her over, and it got kicked.)

    I got pulled over for "slicing and dicing" on the Seca in morning traffic, 61 in a 50, and the motorcycle cop gave me a no-points "impeding traffic" ticket. I paid it.
     

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