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Thread: Got a ticket... Any advice?

  1. #1
    So I got a ticket yesterday... Thank goodness not for speeding but for crossing the double yellow lines to pass a vehicle on a back country road. Cop was right behind me and i didn't even know, car in front was going ridiculously slow, no oncoming traffic... Gotta see the judge in about a month. I now know its considered reckless driving in the state of VA :( I have 2 speeding tickets and 1 failure to obey a posted sign on my entire record. None on my motorcycle. Anyone have a similar experience and how did it turn out?

    On a brighter note... here are some pics of my new exhaust!!



  2. #2
    Senior Member Shawns's Avatar
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    Who made it? It looks sooooooo much better that the stock.:D

  3. #3
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    Here is my experience, but probably worth what you pay for it.

    I've been stopped for two high dollar, high point tickets over recent years. On the first one, I plead guilty. It was in the context of a bunch of whiners in court making excuses, begging, pleading and generally making asses of themselves. When it was my turn, I said I plead guilty. Just wasn't paying attention and drove too fast. Judge looked relieved, fined me $50, 2 points (vs. 900 and 6) I think just because he was tired of the other people and their lawyers.

    The second time involved three family members stopped together all over 20 over the posted limit. We postponed as many times as they would allow, because it increases the chance that the Trooper will miss the court date, get transferred, show up (we asked for the earliers appt. in the morning). It worked. The trooper showed up 20 minutes late, arrived just as we were leaving. All tickets dismissed.

  4. #4
    You didn't check your rear-view and/or turn your head to look beside/behind you before you pulled out to pass? Or you saw the car behind you but didn't realize it was a cop? Either way, might be worthwhile to work on your decision-making process and gather a little more information--or more fully analyze it--before you make optional moves. The way folks drive around here, it wouldn't be unusual for someone behind you to get fed up before you do, and pull out to pass both of you at a high rate of speed.

    If the tickets are far enough removed in time from one another, there might not be any cumulative effect. But if they've all occurred within a relatively short period of one another, it could lead to a bigger fine. Find out from your DMV what the time-frames are for such in Va.

    Moving violations in Ca. go against the driver, regardless of which car/truck/bike he/she is riding at the time the ticket's issued. Va could be the same.

    The legal ramifications in this instance might be the least of your worries, in reality. To me, you have too many moving violations. Even if they've occurred over the course of five years. You seem like you're either a little reckless…or very unlucky. I'm not saying this to be self-righteous. I'm worried about you. Or more particularly, your decision-making processes. Get mad, ok. But then…think about what I'm saying.

    For what it's worth...

    Alan

  5. #5
    Totally appreciate your responses, no way I would be mad at you for your opinion, im a big boy. Ah yes I will definitely be owning up to my mistake for the judge, i refuse to make excuses for my actions. I figure the judge will respect that more and the first response gives me hope lol. As for the second one let me give a little more context to the story, I did get the ticket and so did my friend who was riding behind me. We were with 3 other riders one of which being a semi new rider who we had lost in the turns. After about 10 mins of waiting myself and my buddy went backwards fearing he had possibly gone off the road, the others waited on the side of the road. After going back to the beginning of the route with no signs of an accident we decided to go back, at this point we were worried so when we came to the extremely slow driver I waited until there was a long straight with no oncoming traffic, i checked my rear view, saw my buddy coming out the corner, and passed. He followed suit, later he told me that there was a white charger that was behind him unmarked, but was also anxious about his friend so he followed. Honestly I wasnt looking behind me very much as i was scanning the road for signs of a crash. The officer told us as he came around he saw me already getting over and my friend following. We told him the reason and he allowed us to make a call to our friend while he stood there, he heard him say he had took a wrong turn. We thought he would let us go at this point now that he knew we were telling the truth. Unfortunately, he said he could see why we were worried, but we were still getting our tickets. Im hoping he backs up our story in court and i think we will be alright.

    The exhaust is from EBR themselves, comes with a ECM that is plug and play for it.

  6. #6
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    That new ebr exhaust is $399.00 nice!

  7. #7
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    Ah yes I will definitely be owning up to my mistake for the judge
    That's one strategy that might get a few bucks/demerits knocked off your fine. It might also be worth at-least considering another approach before committing to admitting guilt.

    Hopefully you just quietly took your ticket from the LEO without any discussion to tip him off to any possible defense you might decide to use in court, or any chatter that will help him identify you in court. The foggier he is on the details of the incident, the better off you are in court. Some folks also recommend delaying your court appearance several times to increase the chances of the LEO forgetting details of the incident, and/or simply not showing up for the hearing.

    Also, how freshly-painted were the lines on the road? Were they clearly visible? Obscured by leaves or other debris? What were the light conditions? Is it possible that the double yellow lines were not clearly visible(?).

    On the technical side, scour the ticket for any errors or illegible hand-writing which might void the ticket. Did the LEO follow normal protocols during the stop?

    There are plenty more questions which may be relevant in your case too. It may even be worth getting a little legal advice.

    I'm not advocating running from responsibility, but simply pointing out your right to reasonable & proper process.

    Good luck!

  8. #8
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    You feared for your OWN safety following someone traveling THAT slowly? (Someone COULD come up over knob, etc. and hit you? ).

  9. #9
    The painted lines on the road is a very interesting defense, I never even thought of that, I will be sure to go back and check to see how good they are. Thanks for that one! Also, the delaying is really the only advice I have heard of so far, ill have to look into doing that too. Great advice so far ppl, thank you.

  10. #10
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    as a retired PA. State Police detective............i recommend this:
    requesting a rescheduled hearing without provable "cause" will piss off the magistrate who will make notation of same on his/her copy of citation on file at his/her magisterial office and negatively influence his/her objectivity.

    go online and completely read and comprehend the VA vehicle code as it specifically relates to the charge against you. is it illegal passing.....reckless driving.....driving at an unsafe speed....what is it? whatever the veh. code section study it. if it is reckless driving as you appear to believe it is you have an excellent defense. the prosecutor(the policeman) must prove that all road markings specifically designating "no passing" where you passed were legible, identifiable, and consistent with the code's requirements. study it...go back to the scene of the crime and check.

    make ABSOLUTELY CERTAIN the policeman establishes "bailiwick". this is the precise location..time...date...magisterial district....municipality....county.....and state where offense took place. many miss this.

    lastly...if it in fact IS reckless driving ask the policeman while he's on the stand to define reckless driving. MAKE NOTES as he does. then have him explain to the magistrate WHAT was specifically reckless about your pass. he will testify first.

    then it's your turn. be polite....concise....accurate....and explain to the magistrate this was not the case of a hot-shot on a high-powered bike riding like a maniac. this was a case of what you believed to be safety for yourself and be prepared to explain why. ALL STATES allow for the passing of slow movers such as implements of husbandry...amish buggies....horse drawn vehicles....regardless of road markings.....IF and ONLY IF it can be done safely and quickly. invoke that rationale as part of your argument.

    if you lose you gave it your best shot.
    that will be $100 please. just deposit into my paypal account.:D



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