ADVICE: Pulled Over by Bike Cop : Yamaha R6 Forum: R6MessageNet : YZF-R6 Forums

sensez · 11-25-2007, 10:37 PM

So my buddy and I were riding to Cycle Gear here in Temecula, CA at around 230p

Along a street where the CHP is located.

Two bike cops pull out in front of us who were not in "plain sight".

So my buddy was ahead of me by about 25-ft.

Once we see the blue and red lights start flashing; my buddy went ahead and I slowed to a stop.

Once the lights were turned on a black SUV ahead of both of us had already stopped on the side of the road. (probably guilty of speeding)

So one of the bike cops take off and get my buddy (whom was not trying to run) and the other bike cop pulls out in front of me, I'm stopped, and I waved him to go on (whom I thought he was pulling over the SUV).

I would say I was going about 38mph; I think I was in 3rd gear prolly 4k rpm or less.

Anyway, the cop pulls me over, says he tagged me doing 60mph in a 40mph zone. He issues me the ticket. I shoot the shit with him about carpool lanes and I leave.

I later meet up with my buddy, who got his shit towed, and he was issued a ticket as well.

His ticket showed that he was tagged at 55mph in a 40mph zone.

That does not make a shit of sense to me!

I was in 2nd position; he was in 1st with a 25ft cushion.

And the cop tags me at a higher speed?

And since we both now that's where the CHIP station is located, why would we speed?

Any advice on what to do? I feel its a wrongful ticket.

Thanks

SEN-

DangerDog · 11-25-2007, 10:40 PM

Did you guys see proof of your speed? Given the situation, I would also ask for receipts for calibration on their radars. Last I ehard they are supposed to have them calibrated daily.

L_R6_A · 11-25-2007, 10:47 PM

Definetly got to fight that. It smells like BS from all the way over here. Also, 20 over the speed limit can be considered wreckless driving, so don't take that shit lightly.

As many would suggest, go for a trial by written declaration.

hugecruz · 11-25-2007, 11:03 PM

The legal process would be to fight this through court. Once a ticket is issued, you have to get it cleared through the court. Sucks man...

hugecruz · 11-25-2007, 11:03 PM

Whoops...too many clicks at once. Trying to beef up my stats. ;)

sensez · 11-25-2007, 11:09 PM

25 i think is considered reckless correct?

I didn't ask to see the reading or calibration =\

I'm not one to be prone to getting tickets.

Plan of action to take? first step?

Thanks fellas

DangerDog · 11-26-2007, 02:08 AM

First step is to look up your citation number via www.lasuperiorcourt.org . From there, postpone, postpone, postpone as much as you can, and request a Trial by Written Declaration. That will take a while to process via mail, they send you a form, you fill it out and hang on to it, and then mail it off just before it's due in court. So many weeks later you'll get the results of that back in the mail. If you are found guilty after this, you can still request a Trial de Novo, (New Trial,) where you actually appear in court and go to work against the cop. You should be able to request this online as well. In all steps where you turn something in or appear in court, mention you werent shown the radar gun, and that you would also like to request proof of calibration of said gun. Also refer to your buddy's citation (giving it's exact number and officer name that wrote the ticket,) and mention you guys were cruising in formation with eachother, neither one going faster than the other. This may help you, proving that one of the two speeds was inaccurate, but it could also hurt you, as they may say, "well you were at least doing 55 then since it's on your buddy's ticket."

As a last ditch effort if you are found guilty after all this, ask to pay the fine but not have any points assigned to your record, I hear a lot of public defenders do this and have a decent amount of success at keeping your driving record clean.

sensez · 11-26-2007, 02:46 AM

thanks danger.. hopefully i can refer to you in case i may need more information =]

thanks for your knowledge...

question. why do i want to postpone as much stated?

sensez · 11-26-2007, 02:46 AM

my buddy got his shit towed. cause his cadl was suspended.

will this affect anything?

DangerDog · 11-26-2007, 03:21 AM

NP man, anywhere I can help you bro I will.

On the postponing thing, well at least from my perspective, is to drag it out as long as possible, in the hopes that you'll wear the cop out for either turning in his side of the T by D, or showing up for court. Seems to have helped me a bit in my battles.

Your buddy's license being suspended shouldnt hurt you at all, that's not the issue at hand here. The issue is the speed you were being accused of traveling.

Since you have a witness with you who was also cited at a different, lesser speed, that should help. If you have to show up in court, make sure you take him with you as a witness, and make sure he has his citation with him as well to show the different speed he was cited for. Of course they could say, "Well your bikes weren't chained together so you could have been traveling different speeds." But then you point out what proper riding is, staggered formation, constant speed, with no abrupt or unsignalled changes, and assure them you guys were riding at equal speeds, and then ask for proof of calibration on the radar.