03-03-2009, 07:54 PM | #1 |
dope fiend
Join Date: Apr 2008
Location: SUNNY SOCAL
Moto: JICKSIR SICKS HUNNERD
Posts: 184
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What would you guys do?
Ok basically last summer my bike was having idle problems, and would die whenever I came to a stop. So on my way home on the fwy, there was bumper to bumper traffic on the junction on ramp, which happened to be on an incline. It was hot as fuck, so I didn't wanna stop and have my bike die, nor did I wanna hold up traffic either. So I slowly (like 5mph) took the shoulder. That's where they got me.
Now I'm going to court to contest the ticket this week. I'm gonna tell the judge the condition of my bike at the time, and that I only did what I did to avoid any further traffic complications. The chipper wasn't havin it that day, but hopefully the court would consider it. |
03-03-2009, 07:56 PM | #2 |
TWFix Legend
Join Date: Feb 2008
Location: Denver CO
Moto: 01 BMW F650GS Dakar
Posts: 15,677
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your in cali... doesn't the lane splitting allowance apply?
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03-03-2009, 08:00 PM | #3 |
Elitist
Join Date: Nov 2008
Location: SF Bay Area
Moto: Gix 750
Posts: 11,351
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03-03-2009, 08:03 PM | #4 |
token jewboy
Join Date: Nov 2008
Moto: CBR 900, KLR ugly ass duckling, Gas Man
Posts: 10,799
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I'd find a good reason not to show up in court until the cop who issued you he ticket was retired. I have traffic court on the 24th, this will be the 4th time over 2 years hat I've been able to push the date back.
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03-03-2009, 08:15 PM | #5 |
moderator chick
Join Date: Feb 2008
Location: Hill Country TX
Moto: Pasta Rockets
Posts: 8,917
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lawyer.
If your bike wasn't in good working order or able to legally maneuver the road the court could argue it shouldn't have been on the road. It isn't a valid legal excuse. Call a lawyer.
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03-03-2009, 09:12 PM | #6 |
CMDLINE
Join Date: Feb 2008
Location: Huntsville, AL
Moto: 2008 Black/Grey Hayabusa
Posts: 1,406
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agreed.
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03-03-2009, 09:36 PM | #7 | |
125GP Champion
Join Date: Aug 2008
Location: Worthington, OH
Moto: Empty Garage
Posts: 3,418
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Quote:
I think if you stated your case and said you were trying to get home without creating more of a traffic problem on a machine that was having problems they might consider it. I'm not advocating lying, but its traffic court.... not a murder case, they dont need to know that it was having previous issues. For all the cop knows, it started acting up that day on the way home from work......
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03-03-2009, 09:52 PM | #8 |
Soul Man
Join Date: Nov 2008
Location: Everywhere, all the time.
Moto: '0000 Custom Turbo Cross (with jet kit).
Posts: 6,481
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I'm torn.
On the one hand, Azoom is right. Using a pre-existing mechanical condition is not going to fly in court. "I would have stopped for that red light your Honor, but my brakes stopped working two months ago." On the other hand, I'm with Porkchop. When it comes to traffic court, my first reaction is to deny everything. Fuck those people. Legal or not, you were trying to do the right thing for your bike, and for traffic. I can't fault you for that. It's like that Olivia Newton-John song. "Torn between two lovers, feelin' like a fool, loving both of you, is breaking all the rules". Of course, that doesn't really help you, but it does prove two things; 1. I have some really fucked up songs stuck in my head. 2. Olivia Newton-John is a total whore. JC
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The way things are going, they're gonna crucify me. Last edited by askmrjesus; 03-03-2009 at 10:10 PM.. |
03-03-2009, 10:08 PM | #9 |
I give Squids a bad name
Join Date: Mar 2008
Location: Fly Over State
Moto: 1996 CBR600 F3 (AKA the Flying Turd)
Posts: 4,742
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Request a jury trial. Often times you can get small cases thrown out. Unless the judge wants to sock it to you.
Mechanical excuse won't fly. You could say "My bike suddenly had issues where it kept dying and I was trying to nurse it home so I could work on it". And then explain you resolved the problem.
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03-03-2009, 10:19 PM | #10 |
125GP Champion
Join Date: Aug 2008
Location: Worthington, OH
Moto: Empty Garage
Posts: 3,418
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Money!!!!! Untrue..... but money! You didnt kill anybody with you mis-working bike.
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