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Old 06-09-2007, 06:25 PM   #1 (permalink)
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Lightbulb Could I have been ticketed?

I was coming home from a long ride today and on the outskirts of my hometown on a windy road I opened it up a little when I passed a cop car. A thousand things ran through my head and I made some quick decisions on what to do.

I saw his brake lights as I looked in my mirror and knew that he was probably turning around, but no flashing lights yet. Since it was windy and I was out of site within 1/10 of a mile I decided to take the very next turn and just ride the limit through some backroads and maybe he would or wouldnt catch up to me, either way I wasn't running at this point as I saw no lights. I go for about 2 miles down this backroad when I pass another cop, I'm 90% certain he's looking for me as this is BFE. But same scenario, only this time I wasn't speeding.

I see his brake lights and I'm out of the site as soon as I crest a hill, but this time I didn't turn at the next intersection, I just rode it out because I didn't want it to seem like I was trying to elude. Sure enough the second cop comes up on me another mile away and finally I get the lights back in the distance and I could have EASILY eluded, it was definetly not the decision to make. So I pull over and hes there in a few seconds.

I'm stay on the bike, remove my helmet, and am polite. He checks my info and asks if I passed his fellow officer, I replied I don't know. We wait for him and the other cop verifies I'm the biker he passed but I am very polite, never lie about anything (but also don't incriminate myself with anything) and he says he's just verbally warning me but next time it will be a ticket.

Now, I'm not sure he could have even ticketed me, and if so I REALLY doubt it would hold up well in court, for these few reasons.

ONE - I was outside of the township marked on his car (I don't know if they're allowed to enforce there or not)

TWO - He was a city cop and had no radar to prove speed. He told me to my face he didn't have his vascar on and couldn't verify my speed, but there was a section in the code called "unsafe speed" that he could have ticketed me for. -- would this hold up in court?

THREE - Can he prove it was me? I mean I was within 3 or 4 miles of the incident and matched the description, but is that enough?

Thankfully I got out of another one, but this one I'm not totally sure would have held up well in court, what are all of your opinions?
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Old 06-09-2007, 06:46 PM   #2 (permalink)
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I had the same thing happen in my truck. I was going up some hills fairly fast and as I crested the top of the hill a cop was coming the other direction and he did a quick u-turn and pulled me over. He said there was NO WAY he could give me a ticket but could tell I was speeding because of how much my suspension was traveling. He just said slow it down.

ONE - I think if you comit the the offense within their juristiction they can pull you over, but his lights weren't on so that wouldn't work I would think.

TWO - refer to first part of post and about the 'unsafe speed', It could be possible. We have a 'going over 80' ticket where I'm from I believe. Doesn't know how fast you were traveling but it was over 80. That could probably get tossed out if you explained things in a good way.

THREE - I think that would be enough. If you match, it very well could have been you.

That's just how I see it.
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Old 06-10-2007, 11:42 AM   #3 (permalink)
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Lotta LEOs out yesterday due to the car show and related street racing.

It's weak but they could have cited you. I've been cited for "too fast for conditions" in my cage when an officer wasn't even there.

Me thinks you should hit up some Ohio twisties Rory.
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Old 06-15-2007, 09:19 PM   #4 (permalink)
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Could you have been ticketed? Yes. Would it have stood up in court? Probably not especially if you hired a lawyer.
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Old 06-27-2007, 01:53 AM   #5 (permalink)
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In Cali, the police don't need radar to get you. They are allowed to get a visual estimate of your speed and it will hold up in court. They can also bust you for the "basic speed law" which sounds a lot like your "unsafe speed.

Check the vehicle code...Your state may vary.
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