+1
First lay down :(
Extreme HDF Member
Joined: Sep 2006
Posts: 10,033
Likes: 29
All jursidictions are different, but what I have seen around here in traffic court, hiring an attorney on a simple ticket in a simple accident is a waste of $$. If you go in with your hat in your hand and don't try to "beat the wrap", the judge generally reduces the charge. In my state, the judge reduces a charge such as this to "Improper Driving", which is a two point offense with about a $50.00 fine.
Outstanding HDF Member
Joined: May 2009
Posts: 2,932
Likes: 32
From: Broomfield, CO
I agree.....go fight the ticket. An accident is just that and not necessarily a situation where you were driving at an unsafe speed for the conditions. Particularly at 20 mph!!
Road Captain
Joined: Jun 2008
Posts: 543
Likes: 1
From: Lowell, NC
I would also fight this... plead not guilty. Take it to the box right than and there if the officer is there. Ask the officer how fast you were going. They have to proove it.
I think he wrote up the wrong charge. Shoulda wrote failure to control,,, would be tougher for you to beat.
More than likely theyll offer a plea soon as you tell them to set a trial. If its a non moving w/ min fines applied maybe take it and just avoid the points. But really.... if you could bluff them and reject theyre theyre plea. Slim chance theyll drop w/ court fees unless they have some way of proving how fast you were going.
P.S.
Dont go in there w/ even the slightest attitude problem or your screwed. Remain calm and rational show no fear. If they think your below average intelligence theyll eat you for lunch.
I think he wrote up the wrong charge. Shoulda wrote failure to control,,, would be tougher for you to beat.
More than likely theyll offer a plea soon as you tell them to set a trial. If its a non moving w/ min fines applied maybe take it and just avoid the points. But really.... if you could bluff them and reject theyre theyre plea. Slim chance theyll drop w/ court fees unless they have some way of proving how fast you were going.
P.S.
Dont go in there w/ even the slightest attitude problem or your screwed. Remain calm and rational show no fear. If they think your below average intelligence theyll eat you for lunch.
Advanced
Joined: Jul 2009
Posts: 61
Likes: 0
From: Tacoma, WA
Pleading not guilty may work but you might think about taking the "deferred" route.
The traffic court and fine may not go on your record. Too fast for conditions might be hard to disprove as you did go down. That's why they call them "accidents" instead of "on-purposes," you didn't mean to but it happened anyway.
If it was the real Police (PD or Sheriff) you possibly could have skated but when Troopers (not the REAL police) show up, they are just ticket machines. Depending on the state you live in they have a "quota" or "contacts" that have to be met and if he is a gung-ho little trooper they like to get ahead with their supervisor with ticket production. Stay away from troopers, they are evil and have no redeeming qualities.
The traffic court and fine may not go on your record. Too fast for conditions might be hard to disprove as you did go down. That's why they call them "accidents" instead of "on-purposes," you didn't mean to but it happened anyway.
If it was the real Police (PD or Sheriff) you possibly could have skated but when Troopers (not the REAL police) show up, they are just ticket machines. Depending on the state you live in they have a "quota" or "contacts" that have to be met and if he is a gung-ho little trooper they like to get ahead with their supervisor with ticket production. Stay away from troopers, they are evil and have no redeeming qualities.
Elite HDF Member
Joined: Jun 2009
Posts: 3,785
Likes: 63
From: Eastern Washington State
Au contraire mon ami. Trooper pulled me over yesterday morning when I changed lanes without signaling. We were the only two cars on the road and he was a couple hundred yards or so behind me. We were both in the left lane and I noticed him speeding up so I just moved over into the right lane to get out of his way. He stopped me and checked my license, etc and told me I should have signaled. He saw my radar detector and asked (humorously) if I was trying to avoid a ticket. I feigned innocence and said "not me". We both laughed and he said he was not going to write me up so I went on my way. He was a nice guy.
Ultimate HDF Member
Joined: Dec 2006
Posts: 5,878
Likes: 17
From: The Desert SouthWest
If he didn't observe you actually driving the vehicle i'd say fight it. Unless he had a citizen sign the cite saying they observed the violation he can't cite for an infraction not in his presence. At least that's how it is in Calif... The cop has to SEE it occur.
Outstanding HDF Member
Joined: Aug 2008
Posts: 2,207
Likes: 0
From: East Texas
glad to hear ya are alright,sucks about your scoot,but coulda been worse
maybe it was a "lesser of two evils" type ticket?maybe a failure to maintain/control vehicle woulda been worse.
i'd still go to court and see if it gets dropped down even more
maybe it was a "lesser of two evils" type ticket?maybe a failure to maintain/control vehicle woulda been worse.
i'd still go to court and see if it gets dropped down even more
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Road Master
Joined: Nov 2007
Posts: 1,136
Likes: 0
From: Tri-Cities, Washington
I've worked in Law Enforcement for almost 35 years, and know that states vary on the standard of issuing citations at accident scenes vs. general violations. But as a rider I think this is a BS ticket. Given enough rain on the right kind of road surface, you could have had the bike go out from under you while straddle-walking it. I wouldn't have even called this a traffic accident. Heck, my wife dumped her bike pulling into an intersection and broke her elbow. The officer that happened by and stopped to check on her didn't even take a report - but gave her a ride home.
I'd give the judge your take on the circumstances and hope he understands.
I'd give the judge your take on the circumstances and hope he understands.