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Author Topic: Legal Question  (Read 5698 times)

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Midnight Rider

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Re: Legal Question
« Reply #15 on: November 12, 2011, 04:57:11 PM »

I'll give that a shot...I don't have any other tickets on my record...I can't remember the last time I got a moving violation, other than an expired tag (they didn't send a notice in the mail, so it slipped my mind), and that was 10 years ago, at least.  I'll just go to court on 12/5 and see what happens.  Maybe the cop won't show up.

The side of my house faces this road...it's a good 1/2 mile downhill stretch of straightaway.  Everybody speeds in both directions.  In this case, I didn't go past the cop sitting on a side street...they sit across the street in a Church parking lot, hidden by trees 'till you get right up on it.  The turn into my street/driveway is before the Church lot...he must have shot me with the radar approaching his position, then when he saw I was turning (there's a middle turn lane) before reaching him, he zipped across the street and into my driveway with his lights on...I was already in the basement garage before I saw any Blue Lights...no siren.  I had almost hit the button to close the garage door by the time he got to the top of my driveway, so he wasn't really "pursuing" in the normal sense of the word.  By the time I got out of the car, he was standing in my basement door.  I gave him my DL, he ran it, then came back and handed me the ticket...he didn't even ask for an explanation.  He had a cocky attitude, and told me he could have gotten me for "eluding"...I responded that I was under the impression that one had to be aware of someone's presence before one could be accused of eluding, as that is a conscious act, and it's pretty hard to say I was attempting to elude when I parked my car in my own basement.  He didn't care for that statement much.   :huepfenlol2:  So I shut up.  I probably hit 74mph for a fraction of a second, because I have to slow down to 15-20mph to make the left turn into my street, then 25 feet to turn right into my driveway, so for at least 100 of the 300 yards, I was probably going under 40 mph.  I don't really see how he zapped me from his position...it's a long shot with the radar gun.  Any given day or night they could sit out there and write 20 tickets easily because you have to stay on the brakes to keep from running over 40 going down the hill in either direction.  I hear crotch rockets doing 80 or 90 often when working in the basement or outside.  It's just one of those places that begs folks to tweak the throttle a bit, no matter what they're driving.  They set up their radar trap when revenues are down, I suppose.
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spydglide

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Re: Legal Question
« Reply #16 on: November 12, 2011, 05:14:18 PM »

Let's face it...that new car is 'quick' and begs to be driven as if in a hurry.  Better put a 'guvner' on it or you'll start a scrapbook of those tickets as I did once.  Sold the quick car and haven't been 'tempted' much since.  8) spyder
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Re: Legal Question
« Reply #17 on: November 12, 2011, 05:20:53 PM »

Let's face it...that new car is 'quick' and begs to be driven as if in a hurry.  Better put a 'guvner' on it or you'll start a scrapbook of those tickets as I did once.  Sold the quick car and haven't been 'tempted' much since.  8) spyder

Downshift.
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cvobiker

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Re: Legal Question
« Reply #18 on: November 12, 2011, 05:21:06 PM »

Give HOIST a call, and if he still has a valid DL, ask him for some help. After HOIST is finished with you, you should probably call a lawyer; someone with a lot of experience with this sort of thing. :2vrolijk_21:

so this caught some curiosity,,,, what mess did HOIST get into   :nixweiss:
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Pete7539

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Re: Legal Question
« Reply #19 on: November 12, 2011, 08:21:53 PM »



Guy gets pulled over for speeding at the end of a bridge, Officer asks him what's the rush and the man replies "Officer please I'm a doctor on my way to the hospital" The cop asks what he does at the hospital and the man replies "I'm a rectal enlarger" The cop is puzzled by this and asks exactly what the good doctor does and he replies "Well first I start with a finger, then I get my finger from the other hand in there and I stretch and pull until I can get both hands and pull more and it gets bigger and bigger until its a full 6 feet" Astonished the Officer replies "What in the world do you do with a 6 foot a55hole?" The doctor replies "I give him a radar gun and set him up at the end of the bridge!"

On a serious note though if the cop that got you didn't have an in-car printer than he probably didn't supply you with a supporting deposition. On the back of the ticket you should have the option to request one through the mail. Its just a long form of the ticket, but if he's lazy and you don't get it back in a timely manner when you go to court it will be dismissed. Either which way you choose going to court is probably your best bet of being offered a plea of a lesser speed. Good luck with it.
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djkak

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Re: Legal Question
« Reply #20 on: November 12, 2011, 09:59:33 PM »

so this caught some curiosity,,,, what mess did HOIST get into   :nixweiss:

It’s complicated. The legend is that this guy doesn’t bother with a throttle. When he gets a new machine he removes and throws away the throttle plate, much like you would the cap on a bottle of whiskey. He snakes through traffic at strong triple digit speeds, and like Obi Wan Kenobi, can finesse his way out of most any tough spot without breaking a sweat.

For more specific information you’d have to talk with someone that has actually ridden with HOIST. Personally I think the whole HOIST persona is a myth, and my sack wouldn’t get me into that club anyway. I tried riding 56 mph once, and didn’t like it, so I slowed right back down. Bottom line, if this guy can be found, and he actually has a valid DL, I’m thinkin’ that he may have a few pointers that might be worth considering.
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LovemyCVOgirl

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Re: Legal Question
« Reply #21 on: November 12, 2011, 10:26:26 PM »

He has a legal right to pursue regardless if it took him out of his jurisdiction.  It is also legal for him to step on your property because you had committed an act that was not "legal" by speeding, therefore you forfeited your property rights.  Your best recourse is to plea to a lesser charge.  :policeman:
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Re: Legal Question
« Reply #22 on: November 12, 2011, 10:41:43 PM »

It’s complicated. The legend is that this guy doesn’t bother with a throttle. When he gets a new machine he removes and throws away the throttle plate, much like you would the cap on a bottle of whiskey. He snakes through traffic at strong triple digit speeds, and like Obi Wan Kenobi, can finesse his way out of most any tough spot without breaking a sweat.

For more specific information you’d have to talk with someone that has actually ridden with HOIST. Personally I think the whole HOIST persona is a myth, and my sack wouldn’t get me into that club anyway. I tried riding 56 mph once, and didn’t like it, so I slowed right back down. Bottom line, if this guy can be found, and he actually has a valid DL, I’m thinkin’ that he may have a few pointers that might be worth considering.


 ;)
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cvobiker

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Re: Legal Question
« Reply #23 on: November 13, 2011, 12:38:49 AM »

It’s complicated. The legend is that this guy doesn’t bother with a throttle. When he gets a new machine he removes and throws away the throttle plate, much like you would the cap on a bottle of whiskey. He snakes through traffic at strong triple digit speeds, and like Obi Wan Kenobi, can finesse his way out of most any tough spot without breaking a sweat.

For more specific information you’d have to talk with someone that has actually ridden with HOIST. Personally I think the whole HOIST persona is a myth, and my sack wouldn’t get me into that club anyway. I tried riding 56 mph once, and didn’t like it, so I slowed right back down. Bottom line, if this guy can be found, and he actually has a valid DL, I’m thinkin’ that he may have a few pointers that might be worth considering.


gotcha,,  :2vrolijk_21: :2vrolijk_21:  There a few of those guys around in every riding group, i gave up playing the 'keep up' game a long time ago after i figured out you really never get left behind.. Sooner or latter you catch up with em'  because either they're getting a ticket on the side of the road our their waiting for you at the next rest stop or the next gas station since they end up stoping at every one for gas.    ;D
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JCZ

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Re: Legal Question
« Reply #24 on: November 13, 2011, 01:03:36 AM »

so this caught some curiosity,,,, what mess did HOIST get into   :nixweiss:

I chuckled when I read this.  I'm not sure what this particular issue is about but I spent a week with Hoist following me around Nor Cal.  He's a pretty good rider.....even two up.  I've been accused of riding pretty crazy, but he was right behind me almost every mile of that week! :2vrolijk_21:
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cvobiker

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Re: Legal Question
« Reply #25 on: November 13, 2011, 12:47:01 PM »

I chuckled when I read this.  I'm not sure what this particular issue is about but I spent a week with Hoist following me around Nor Cal.  He's a pretty good rider.....even two up.  I've been accused of riding pretty crazy, but he was right behind me almost every mile of that week! :2vrolijk_21:

I wonder if that was you two, (and two others) riding west on Lake Berryessa canyon road on july 5th 2009  :nixweiss: A group of 4, all baggers, passed us in a curve heading west about 10 miles from Winters. The front two were dragging their floor boards bad enough to lay grooves through out the full curve as well as the next two ahead and who knows how many after they lost us   :'( the back two were not as aggressive.. It was quite a show, these guy's would have easily put to shame many sports bike riders.     :P
« Last Edit: November 13, 2011, 12:49:25 PM by cvobiker »
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dlaws01

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Re: Legal Question
« Reply #26 on: November 13, 2011, 11:52:31 PM »

74 mph in a 40 mph zone . . . good luck with that one.
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Re: Legal Question
« Reply #27 on: November 16, 2011, 09:16:41 PM »

I'll give that a shot...I don't have any other tickets on my record...I can't remember the last time I got a moving violation, other than an expired tag (they didn't send a notice in the mail, so it slipped my mind), and that was 10 years ago, at least.  I'll just go to court on 12/5 and see what happens.  Maybe the cop won't show up.


I remember one...I think you got it in Kentucky at the very first RibFest.  ;D
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RedDevil

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Re: Legal Question
« Reply #28 on: November 16, 2011, 10:54:48 PM »

Terry, I see your "hippy" days resurfacing by calling the police pigs. ;)  There's no excuse, everybody speeding down a stretch of road does not make it legal, they just don't get caught.  You did.  I must say you have darn good hearing if you can "hear" someone going 80 or 90 mph.  Radar, laser, photo, etc. speed guns are admissible and generally accepted on their own as proof of speed.  As a former police officer myself, a "calibrated" eyeball was not required.  Now, a calibrated radar device is required.  He had every right to stop you where ever you ended up, even if it was out of his juridiction as the offense was recorded in his jurisdiction.  Furthermore, most ajoining jurisdictions have reciprocity agreements that allow law enforement officials to do exactly what he did.  Feel fortunate if all you have to pay is a fine and lose some points.  In most states, what you did is considered reckless driving.  If it was determined reckless driving with endangerment, you could lose your license up to 6 months for a first offense.  The odds of that are slim, if the conditions were as you stated on the road.  More than likely you'll get a fine and probably 5-10 points.  What will kill you if that happens is the insurance company...they'll jump on that like stink on chit.  IMO and for what it's worth, you got caught, it doesn't matter how long you were at that speed, you were obviously clocked at doing it.  Ya got caught, accept the consequences and move on, and think twice about doing it again.

:devil:
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jayray00SERG

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Re: Legal Question
« Reply #29 on: November 17, 2011, 12:28:56 AM »

All well said. In a CAGE you are so f ing busted. On the bike? talk it out and be cool? You may walk... 74 in a 40 is bad no matter how you roll.
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