Seeking justice - and guy on yellow Harley
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1st Gear
Joined: Oct 2005
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Seeking justice - and guy on yellow Harley
This falls under "needle in a haystack", but I'm hoping to locate a guy on a very nice yellow Harley who was almost run down last August by a kid in a hopped-up Subaru WRX on I-35 near Owatonna, Minn. You see, I was mistaken for the Subaru and ticketed for going 122 mph in my '91 Toyota. My word vs. cop's -- unless this guy can back me up. It was a nice bike, and he had a sleeping bag and other gear. It was dusk, and this Subaru blew by me and came right up on the biker's tail -- I thought I was going to witness a tragedy. I guess the only tragedy is, I'm now on trial next month. Any help would be deeply appreciated.
Road Captain
Joined: Aug 2005
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RE: Seeking justice - and guy on yellow Harley
Interesting, when you say trial, you meen misdemeanor bench trial correct??? If not what felony where you charged with ?? Secondely the cop obvioulsy did not witness this incident, so this should be a citizens complaint ??? If so you stand a good chance of winning this during a bench trial, the guy on the Harely would have to be in court to present his case against you which will consist of nothing more than "I think this is the guy that ran me off the road" and further more he would have to be able to idetify you as the driver??
If this citation or charge was issued soley under the Cops name, then you again stand a decent chance of winning your case. The national standard for a misdemeanor is "in the presence of the complaintant" so if the cop didnt see this incident and wrote you for a misdemeanor, wheres the evidence ??? "um this guy told me that the defendant did this" that dont fly.
On the other hand, if you got stuck with a felony, the case can soley ride on the arresting/citing officer's evidence, which in this case again seems minimal, this is all just my opinion and nothing more. Unless theres something that you arent telling us, like you were on a random shooting spree at the town mall and ran from the cops
If this citation or charge was issued soley under the Cops name, then you again stand a decent chance of winning your case. The national standard for a misdemeanor is "in the presence of the complaintant" so if the cop didnt see this incident and wrote you for a misdemeanor, wheres the evidence ??? "um this guy told me that the defendant did this" that dont fly.
On the other hand, if you got stuck with a felony, the case can soley ride on the arresting/citing officer's evidence, which in this case again seems minimal, this is all just my opinion and nothing more. Unless theres something that you arent telling us, like you were on a random shooting spree at the town mall and ran from the cops
Cruiser
Joined: Aug 2005
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RE: Seeking justice - and guy on yellow Harley
122 mph? How do they have that number if the cop didn't see it? Or did the cop see both of you, but somehow thought you were the one going 122 and the Subaru was doing 70? When I lived in Owatonna there was always enough traffic at that time of night that I couldn't imagine running that fast.
Good luck and hope all works out.
Good luck and hope all works out.
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1st Gear
Joined: Oct 2005
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RE: Seeking justice - and guy on yellow Harley
I appreciate the good thoughts. I'm charged with a gross misdemeanor. I was tagged based on a radar reading. My lawyer is hoping to get it dismissed based on my record (2 speeding tickets in 30 years, the last one more than 10 years ago), a videotape of the stop in which I never apply the brakes because I never imagined they were after me, and a number of other factors. I have enough friends who are Harley riders to know that, if they're able to help in a pinch, they will. I should have started looking for this potential witness earlier, but I never thought it would reach this point.
RE: Seeking justice - and guy on yellow Harley
ORIGINAL: UltraGeezerGlide
Is your 91 Toyota even capable of 122 mph? That is something else you should look at>
Steve
Is your 91 Toyota even capable of 122 mph? That is something else you should look at>
Steve
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Road Master
Joined: Feb 2005
Posts: 900
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From: Cincinnati, Ohio
RE: Seeking justice - and guy on yellow Harley
Back in the 70's, a friend of mine was ticketed for going on excess of 100 mph. In court he challenged the speed insisting that his heap of junk wouldn't go over 70. A sympathetic judge had two cops take the car out and check it. Cops couldn't get the car over 65. Case dismissed.
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RE: Seeking justice - and guy on yellow Harley
My truck shuts down at about near 100 mph, because of the tire speed rating, of course if you chip it you could change that. A four cylinder probably wouldn't make that speed.