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Kansas Cops not biker friendly - 5/10/2008 3:25:18 PM   
Professor

 

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Get this. Traveling through Kansas this week on my bike. Riding on leading edge of huge storm that produced baseball sized hail. Doing 80 mph in the middle of nowhere on great highway and little traffic. Local cop--aka Barney Fife--stops me and says: "Did you know you were doing 80?" I said "I knew I was going fast, I'm truying to get ahead of this storm." Then, the guy keeps me on the side of the road for 30 min and the sky is getting blacker. Finally, wrote me the ticket and said slow it down. Then, as Barney was stopping me, another local stopped a young sweet thing cager with a Kansas licesne plate--she was pacing me. It was simple catch and release. Talk about bias.

For all you Kansas law men reading this. That little piece of chump change you will get from my ticket better taste good because it's the last time I'm feeding your greedy little hands. You guys have discretion in a case like this. This guy kept me long enough to let the weather catch up with me. I will ride out of my way to avoid Kansas in the future. I saw more cops than gas stations running through your state. You claim you are the natural gas capital of the world. I think you're the smokey capital of the world. I can spend my gas, food, lodging and tourists dollars in Nebraska or Oklahoma running east to west.


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RE: Kansas Cops not biker friendly - 5/10/2008 3:31:10 PM   
Lopoetve

 

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kansass is a silly state anyway.  

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RE: Kansas Cops not biker friendly - 5/10/2008 3:41:37 PM   
rockon


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quote:

ORIGINAL: Lopoetve

kansass is a silly state anyway.  
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RE: Kansas Cops not biker friendly - 5/10/2008 4:08:39 PM   
sleepman54

 

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Should have known this would be another one of those "I was speeding and got a ticket" threads. Oh, the injustice of this world.

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RE: Kansas Cops not biker friendly - 5/10/2008 4:21:37 PM   
rockon


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quote:

ORIGINAL: sleepman54

Should have known this would be another one of those "I was speeding and got a ticket" threads. Oh, the injustice of this world.




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RE: Kansas Cops not biker friendly - 5/10/2008 4:46:25 PM   
05LowRider

 

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I guess none of you have pushed the speed limit to stay ahead of, or get out of, a bad storm?

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RE: Kansas Cops not biker friendly - 5/10/2008 5:11:00 PM   
sleepman54

 

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quote:

ORIGINAL: 05LowRider

I guess none of you have pushed the speed limit to stay ahead of, or get out of, a bad storm?


Not knockin' anyone for speeding, just saying if you're gonna speed why complain about a ticket? As for speeding yeah I do it myself, but you'll never see me come on here and complain about getting ticketed. As for speeding to "get out of, a bad storm" if it's bad enough that I don't want to be in it I'm certainly not going to speed to get out of it.

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RE: Kansas Cops not biker friendly - 5/10/2008 5:25:23 PM   
JBaker421


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quote:

ORIGINAL: sleepman54

quote:

ORIGINAL: 05LowRider

I guess none of you have pushed the speed limit to stay ahead of, or get out of, a bad storm?


Not knockin' anyone for speeding, just saying if you're gonna speed why complain about a ticket? As for speeding yeah I do it myself, but you'll never see me come on here and complain about getting ticketed. As for speeding to "get out of, a bad storm" if it's bad enough that I don't want to be in it I'm certainly not going to speed to get out of it.


There is a legitimate defense in common law and it applies everywhere in the US. It's called the "Lesser of two evils" defense. No joke.

Say you were going the wrong way down a one-way street, but your reason was that you happened upon a bank robbery in progress, the robbers were shooting at you and your only escape route was against that one-way. You'd have a dimn good argument and probably would be found "not guilty" by almost any jury, right?

In fact, your attorney would probably ask the Court for summary judgement against the citation.

I'd at least write to the judge and make my argument, most respectfully of course, and I'd mention the lesser of two evils as my defense. Judges like law, you know. Who knows - maybe the judge has tried to get away from a storm, too.



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RE: Kansas Cops not biker friendly - 5/10/2008 5:28:57 PM   
Speedy ca ca claxton

 

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**** kansas..go mizzou

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RE: Kansas Cops not biker friendly - 5/10/2008 5:35:02 PM   
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RE: Kansas Cops not biker friendly - 5/10/2008 6:14:16 PM   
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Kansas is probably the worst state i have ever ridden thru....not because of police but because it's the flatist, windiest, corn infested, boring state there is in the U.S.A. We have been in 42 of the 50 U.S. states and i will always try to avoid Kansas when we head west......I guess it's good to know the police are as unforgiving as the scenery is......




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RE: Kansas Cops not biker friendly - 5/10/2008 6:54:37 PM   
jwb47

 

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if you had on your rubie riding  boots and clicked your heels together 3 times while saying there is no place like home you and your little dog toto wouldnt of been in that mess

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RE: Kansas Cops not biker friendly - 5/10/2008 7:36:22 PM   
KSGLIDEGUY


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Just curious, where in the great state of Kansas were you?

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RE: Kansas Cops not biker friendly - 5/10/2008 7:52:06 PM   
HogGlider



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Just an FYI for you folks...some LE folks could verify this one as well, but in most cases your typical traffic stops will generally take 20-30 minutes if not more. You would think it would be justaquick simple thing, pull vehicle over, run the plates, get out of car, issue ticket/verbal warning, get back in squad and go. Unfortunately it's not that simple...it takes a bit of time to get information back from dispatch/computer system on vehicle registration, not only that but they then have to wait on the driver's information such as outstanding warrants and the like.

I can't blame you for being upset about being held up by johnny law when you are trying to outrun a bad storm...have been caught in similar situations myself (less the lawman). All you can do in these situations unfortunately is bite the bullet and pay the ticket should you get stopped for speeding. Kansas isn't the only state you can find yourself in that situation...it can honestly happen just about anywhere.

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RE: Kansas Cops not biker friendly - 5/10/2008 7:56:21 PM   
DeckerDude



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quote:

ORIGINAL: 05LowRider

I guess none of you have pushed the speed limit to stay ahead of, or get out of, a bad storm?


Many, many, times !!

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RE: Kansas Cops not biker friendly - 5/10/2008 7:57:28 PM   
tlb


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Sleepman, I think if you read the title and the thesis "bias", you would understand it was not the ticket he is complaining about. He is pissed because the cager should of gotten a ticket too for speeding.
quote:

ORIGINAL: sleepman54

Should have known this would be another one of those "I was speeding and got a ticket" threads. Oh, the injustice of this world.


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RE: Kansas Cops not biker friendly - 5/10/2008 7:59:39 PM   
Lopoetve

 

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quote:

ORIGINAL: KSGLIDEGUY

Just curious, where in the great state of Kansas were you?


great?


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RE: Kansas Cops not biker friendly - 5/10/2008 8:02:10 PM   
RAWHIDE07

 


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30 min.to write a f'en ticket?Sounds like Kansas cops need something to do.Try that stalling around in any other job and you will have to answer for it.Who's paying the cop's wages,retirement plan,medical benefits,etc.?Just write the dam ticket and get back to work slacker! 
quote:

ORIGINAL: sleepman54

Should have known this would be another one of those "I was speeding and got a ticket" threads. Oh, the injustice of this world.

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RE: Kansas Cops not biker friendly - 5/10/2008 8:43:46 PM   
lh4x4


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Doesn't take 30 minutes to write a speeding ticket.  In the 80's I wrote 22 in one eight hour shift.

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RE: Kansas Cops not biker friendly - 5/10/2008 8:46:28 PM   
conroskie


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I don't know of many storms that move 80 mph. 45-50 at best, I'd say you got what you deserved, and I don't live in Kansas.

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RE: Kansas Cops not biker friendly - 5/10/2008 8:49:12 PM   
BadBoyFLSTC



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Born and raised in Kansas. Hopped on the bike in '77 and left it behind forever.

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RE: Kansas Cops not biker friendly - 5/10/2008 8:49:22 PM   
KSCruiser



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You guys are hurting my feelings...doggin' on my home I know it's flat, the wind blows, and we are a farm state, so yes there's lots of wheat and corn. Have never heard a Dorothy or Toto joke.

Now back to the subject..I've never had problems with the cops in KS. A few questions to ask here though...Were you giving the cop attitiude? Did you say sorry sir, I know I was going a little fast, but...etc. You also don't mention how far above the speed limit you were going...10 -15 - 20 mph? Maybe the girl that was pulled over was a little more apologetic and respectful towards the cop? I have a few friends that are cops. Have gone on a few ride alongs...they reciprocate the respect thing.

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RE: Kansas Cops not biker friendly - 5/10/2008 9:42:00 PM   
*NIGHT TRAIN*


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quote:

ORIGINAL: tlb

Sleepman, I think if you read the title and the thesis "bias", you would understand it was not the ticket he is complaining about. He is pissed because the cager should of gotten a ticket too for speeding.
quote:

ORIGINAL: sleepman54

Should have known this would be another one of those "I was speeding and got a ticket" threads. Oh, the injustice of this world.




I'm not making light of the situation...although my personal opinion is that every once in awhile I take a chance and go too fast...sometimes I get away with it, sometimes I don't, and I don't complain when I don't...

But...and not saying it's right...BUT...on what planet doesn't a pretty girl get away with shit the rest of us don't?

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RE: Kansas Cops not biker friendly - 5/10/2008 9:52:48 PM   
2002flstc


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Professor

So tell us what the speed limit was that you broke doing 80...

Were you doing 80 in a 70 or 80 in a 65 or what ???

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RE: Kansas Cops not biker friendly - 5/10/2008 10:13:28 PM   
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You're complaining about the unfair biased treatment you feel you received.  Yet you do the same thing by calling this officer Barney Fife and blasting all the lawmen in Kansas for the actions of a single officer.  How unfair is that?

Maybe he was a dick.  Maybe he thought you were a dick.   So he kept you for 30 minutes checking your record and criminal history and then wrote you a ticket.  Or maybe he was just doing his job trying to keep the highways safe while the other cop who let the other driver go couldn't care less about doing his job.  

Just pay the ticket and consider it your just dues for all those times you truly deserved a ticket and didn't get one either because you didn't get caught or the officer didn't write you a ticket.
I know I've had my share of both. 


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RE: Kansas Cops not biker friendly - 5/10/2008 10:36:22 PM   
chrls


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I was stationed at Ft. Riley for 2 years and I ran into good and bad cops, on the way home from Manhattan going thru Ogden (haul'n ass) I had a cop just flash his lights to let me know he was there, I hit the brakes and kept cruz'n, no problem.  There's good and bad cops in every state.  Sorry U had that problem man, hope U still got out of the weather.

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RE: Kansas Cops not biker friendly - 5/10/2008 11:55:05 PM   
atomic

 

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quote:

ORIGINAL: conroskie

I don't know of many storms that move 80 mph. 45-50 at best, I'd say you got what you deserved, and I don't live in Kansas.


THere are strorms that move 80 mph.  They are called hurricanes. 


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RE: Kansas Cops not biker friendly - 5/11/2008 12:45:26 AM   
doc_cj


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quote:


There is a legitimate defense in common law and it applies everywhere in the US. It's called the "Lesser of two evils" defense. No joke.


It's actually called "necessity" and the "lesser of two evils" is the wrong term anyway.  It is known as the Choice of Evils defense.  It comes from an 1884 case "The Queen v. Dudley and Stephens" and is a very well known case/defense ... though it is rarely as easy to apply as you suggest. 

quote:

In fact, your attorney would probably ask the Court for summary judgement against the citation.


Your attorney can ask, but he/she ain't gonna get it ... not in Kansas at least.  While necessity is available it has very limited application.  The first requirement is to prove that the choice was between two evils.  What were your two evils?  Getting rained on?  That ain't much of an evil.  Sorry, but the judge will just laugh at you.  Rain in the spring in Kansas is a common occurence, and if you don't want to get wet then don't ride.

The second requirement is that you balanced (choice) the evils.  The evil created by speeding is death and destruction ... how does that compare to getting wet?  Yeah, I know, if you don't outrun the storm then you might have to ride in the rain or get pummeled by hail.  So ... pull over and let the storm pass.  That's your choice -- and one of them ain't evil. 

Plus, you must show the harm you are escaping was immediate and imminent ... how far was the storm from you?  From the sounds of your story I'm guessing that even with a 30 minute delay you didn't get hurt.  So where was the evil that you'd be claiming?  Was it really immediate and imminent?

Oh yeah ... in Kansas, a defendant must show that they have not taken action to put themselves in harm's way ... in other words, if you knew it was getting cloudy and still went for a ride then you likely put yourself into the choice of evils.  And you made that choice by riding ... so you've pretty much obliterated your defense. 

quote:

I'd at least write to the judge and make my argument, most respectfully of course, and I'd mention the lesser of two evils as my defense. Judges like law, you know. Who knows - maybe the judge has tried to get away from a storm, too.


I wouldn't waste my time ... unless you want the judge to think you don't know much about criminal law and its defense.  What I would do is politely call the local prosecutor and see if he can make you a deal.  Oh yeah ... tell him exactly what you posted here and see if that helps.  I'm sure he'll understand your comments about Barney Fife.  I'm also sure he'll understand the "catch and release" program. 

Sorry, "Professor," but by applying critical thinking to your complaint it appears that maybe you are just pissed because you got caught.  So what ... you chose to speed, got caught, and couldn't get out of the ticket.  It happens.  Pay the dang thing and leave Kansas alone.  Someplace has to be the flattest spot in America. 




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RE: Kansas Cops not biker friendly - 5/11/2008 1:11:42 AM   
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well, i know one thing, and that is the law is the law. i aint never done gone faster than the speed limit in my life, and anyone who does deserves whatever any local podunk town decides to fine em for. and if they let someone else go, just cause they kin, well, that aint no have effect on that they were speedin.

going too fast on a motorcycle is a crime not only against the great state of kansas, but also against nature itself.

speeding is bad... m'kay..



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RE: Kansas Cops not biker friendly - 5/11/2008 1:59:25 AM   
rockon


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quote:

ORIGINAL: chrls

I was stationed at Ft. Riley
Got away from that hole last year....let's just say I can think of better places...

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RE: Kansas Cops not biker friendly - 5/11/2008 3:53:11 AM   
cHarley


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quote:

ORIGINAL: atomic

quote:

ORIGINAL: conroskie

I don't know of many storms that move 80 mph. 45-50 at best, I'd say you got what you deserved, and I don't live in Kansas.


THere are strorms that move 80 mph.  They are called hurricanes. 



In 50+ years, i've been through a number of storms and hurricanes here in Fl. and I have yet to see one the moves at a forward speed of more than 40 mph.  Most in fact travel in the 10-30 mph range.  That to me would make the need to run 80 mph a pretty weak defense.

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RE: Kansas Cops not biker friendly - 5/11/2008 5:40:45 AM   
Professor

 

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In the southwest part of the sate. Doing 80 in a 65 mph on an 40 mile stretch of nothing. Cop was respectful but not understanding. For those who have not ridden that part of the country, I was transversing northeast and the storm was tracking southeast, closing at a stronger than 40 mph rate--if you have taken geometry you might understand the principle. My point is and has been discretion: the cop could have warned me and I would have slowed down. The outcome would have been the same except that his town would have not collected the $200 in fines. Probably won't fight it--just pay the fine and avoid this part of the country in the future.

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