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Author Topic: Legal Question  (Read 5724 times)

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spada84

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Re: Legal Question
« Reply #45 on: November 18, 2011, 01:23:53 PM »




Three month later, speeding again with my bike, got cought and (chit hits the fan) SAME police officer.  :o
He smiled and kind of apoligezed that this time he HAS to give me a ticket.  :oops:
End of the day - we "high five" us when ever we see us on the road
and in all honesty since then I drive slower (some 5-5mls over but not more)

Now THAT's funny!   :huepfenlol2:

I was riding a back road through the county last spring - zipping along pretty good where the road goes through woods, and slowing down where there are houses.  Got to the populated area, and noticed a white car way behind me catching up quickly.  I pondered - wonder where he's going, sure in a hurry.  I found out.  Don't think he had me on radar, and was not able to pace me.  I have no idea where he saw me going fast, but suffice to say, from a distance, it would have been obvious.  Got off with a "drive safely".  Maybe having on the orange safety vest, with the HOG Chapter rocker and "Safety Officer" patch helped.  :oops:
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Re: Legal Question
« Reply #46 on: November 20, 2011, 12:22:14 AM »

 


Driving fast doesn't necessarily constitute driving in a reckless manner. I'd say if anyone was a jerk, (other than you) it would be the cop. TC has already admitted guilt. I don't believe  the purpose of his post was to explain his actions, but rather to enlighten us on  the unprofessional manner the the LEO . Nuff said

I think not...the title of the thread states the purpose. 

:devil:
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Re: Legal Question
« Reply #47 on: December 04, 2011, 12:16:25 PM »

74 MPH in a 40 MPH zone is "reckless driving." Generally, 30 MPH over the limit is viewed as "reckless" and the citation goes from "traffic" to "criminal." You can be arrested, taken into custody, vehicle impounded. You were driving nearly TWICE the speed limit. That can move into felony stuff.

Jurisdiction -- "In pursuit" applies. The police can follow you to the ends of the earth if they're "in pursuit." They can follow you into Mexico and Canada if that's what it comes to. If you're doing something unlawful on your private property, you're subject to arrest and police can come onto your property, into your home to effect an arrest. This is why police break down doors.

You're lucky the police issued you a citation and dropped it at that. Pay the ticket and view it as a learning experience. What did you learn?

For the record, I was passing a derelict vehicle. It was dropping parts onto the highway, weaving on and off the shoulder. I thought maybe the driver was intoxicated. I passed in a 55 MPH doing 87 MPH -- I was passing, not driving that speed.

Ticket ran $387. They could have arrested me for "reckless driving." The police cited me for 85 MPH, cutting some slack on the "reckless" charge. I was getting past a potentially dangerous vehicle. I wasn't driving 85 MPH in a 55 MPH zone.

Learning experience. What did I learn? The Street Glide w/ 96in TC and six speed is a WHOLE LOT faster than the Heritage w/ Evo, 88 in. and a "cam."

Pay the ticket. You have no defense whatever. You screwed up and got cited. Next time don't screw up.

Reading the rest of the thread, evidently you got cited by the same officer three months later, for speeding -- again.

You're well on the road to losing your license to drive. In the next year if you get pulled over for speeding you're likely to go to jail. You're standing on some shaky ground without legal defense.

Probably not what you want to hear, but probably what you NEED to hear.



« Last Edit: December 04, 2011, 12:24:33 PM by 2010 FLHX »
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Re: Legal Question
« Reply #48 on: December 04, 2011, 12:32:04 PM »

 
Driving fast doesn't necessarily constitute driving in a reckless manner. I'd say if anyone was a jerk, (other than you) it would be the cop. TC has already admitted guilt. I don't believe  the purpose of his post was to explain his actions, but rather to enlighten us on  the unprofessional manner the the LEO . Nuff said

Yeah, maybe . . . IF you're on a RACE TRACK. "Reckless" is a statutory definition. It's defined as exceeding the speed limit by a specified amount. State Revised Statutes specify precisely what those excess speed parameters are. The police don't have any discretion about how they cite -- except to cut you some slack on how fast they actually clocked you. And they can clock you within about 1/2 MPH on today's radar, even if they're coming at you from the other direction.

If you want to "argue" about "speeding" you need to be doing less than 10 MPH over the posted limit. In that range the statutes generally allow the police to issue a citation, but there are no fine schedules in that range.

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Midnight Rider

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Re: Legal Question
« Reply #49 on: December 04, 2011, 05:52:04 PM »

Reading the rest of the thread, evidently you got cited by the same officer three months later, for speeding -- again. You're well on the road to losing your license to drive. In the next year if you get pulled over for speeding you're likely to go to jail. Probably not what you want to hear, but probably what you NEED to hear.


First, I don't NEED to hear anything...If you read the post(s), I never claimed I was not speeding.  I got caught, that's all.  In my lifetime, I've not known many people who don't speed from time to time...technically.  That doesn't make them "bad drivers", if they do so in as safe a manner as is possible...meaning they are not endangering anyone's life, or truly doing something "reckless".  But regardless, if you get caught, you pay the piper.  My original question was whether the cop can come on to my property, and into my house, over something like this. I now know they can. Plus, he could not possibly have been sitting within his jurisdiction, unless the road connecting his jurisdiction, with a 1 mile gap that is not within his jurisdiction, can be considered his jurisdiction.  And there's no way he was sitting on the road...he was technically sitting on County property.  My only question will be where was the officer sitting when he clocked me (he was not driving, or I would have seen his headlights), and for future reference, is that section of road considered to be the City of Hoover.  I've been around too long not to know better than to get in a pissing contest with LEO...that's a no win situation.  But I can ask for factual information in a nice way, see if there are alternatives to the whole fine, etc.  I'm certainly not foolish enough to sandpaper anyone's azz in court, then pour turpentine on it.

And, I have no idea how you drew the erroneous conclusion that I've been stopped by the same cop twice in three months  :nixweiss:  I was stopped over a year ago by the same City Police Dept for Tinted Windows on my car, at night, which is a bunch of BS, because I wasn't doing anything to get pulled over for...they were just bored, I guess.  I didn't even know at the time that the degree of tint on the front side windows wouldn't pass the light transmission test....I didn't put it on the windows.  Had the tint removed...no problem.  At any rate, court is 12/5 at 2:00PM, so it'll all be over with then, one way or the other.




« Last Edit: December 04, 2011, 06:10:14 PM by TCnBham »
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spydglide

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Re: Legal Question
« Reply #50 on: December 04, 2011, 06:23:23 PM »

  At any rate, court is 12/5 at 2:00PM, so it'll all be over with then, one way or the other.





Hope you all the best of luck on that date Terry.  Never know, maybe all the stars will line-up in your favor.  :2vrolijk_21: spyder
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Midnight Rider

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Re: Legal Question
« Reply #51 on: December 04, 2011, 06:40:11 PM »

You're lucky the police issued you a citation and dropped it at that. Pay the ticket and view it as a learning experience. What did you learn?

What did I learn?   :soapbox:  I learned that instead of watching an extremely dangerous intersection, where several people are KILLED each year because of people speeding and running red lights, that is clearly within their jurisdiction,  and less than 3 miles from here, they'd rather set up a virtual "speed trap" on a relatively deserted 3/4-1 mile stretch of road, with no red lights, no stop signs, a clear line of sight for a minimum of 200 yards at any given point, and where nobody has even had an accident that I've seen or heard about in the 25+ years I've lived here, in order to generate revenue for the City because the economy is negatively impacting their budget.  Just because they can.  So they are not trying to "protect" anyone from being injured or killed because of unsafe driving practices, but instead are shooting radar on a road where they KNOW that 1 out of 5 cars will be going at least 15mph over the posted speed of 40mph, especially after 8PM, or during the middle of the day.  So it's easy pickins' when they need to write a few tickets.  But they aren't protecting anybody from chit while doing so...they are just catching those who are unfortunate enough to be in the wrong place at the wrong time, and doing the wrong thing.
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Midnight Rider

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Re: Legal Question
« Reply #52 on: December 04, 2011, 06:43:36 PM »

Hope you all the best of luck on that date Terry.  Never know, maybe all the stars will line-up in your favor.  :2vrolijk_21: spyder

Thanks, Spydy...I'm hopeful, but also a realist.   ;)
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Re: Legal Question
« Reply #53 on: December 04, 2011, 07:04:49 PM »

Thanks, Spydy...I'm hopeful, but also a realist.   ;)

Got my finger crossed you don't get nailed too bad TC.  Maybe take Toby with you?  That should scare hell out of the prosecution....   :2vrolijk_21:
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110tHunDer

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Re: Legal Question
« Reply #54 on: December 04, 2011, 07:13:06 PM »

Blah, blah, blah, blah, blah ...

Someone's Cheerios were evidently pissed in today.  Perhaps it explains the fetish with, and overuse of, quotes, too. ::)

Good luck, Terry!
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Midnight Rider

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Re: Legal Question
« Reply #55 on: December 04, 2011, 07:21:38 PM »

Thanks, guys... :2vrolijk_21:  I wonder if my ponytail will hurt my chances?   :huepfenlol2:  Maybe I should go dressed as Santa...they couldn't throw the book at Santa, right? I've got the hair, beard, and gut for it... ::) ;D ;)
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Sometimes it takes a whole tankful of fuel before you can think straight.
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Re: Legal Question
« Reply #56 on: December 04, 2011, 07:23:59 PM »

Thanks, guys... :2vrolijk_21:  I wonder if my ponytail will hurt my chances?   :huepfenlol2:  Maybe I should go dressed as Santa...they couldn't throw the book at Santa, right? I've got the hair, beard, and gut for it... ::) ;D ;)
You better put it up in a ponytail, 'cause if not, you'll look
homeless and the judge may offer you lodging.  :o  spyder
« Last Edit: December 04, 2011, 09:55:34 PM by spydglide »
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Re: Legal Question
« Reply #57 on: December 04, 2011, 07:34:23 PM »

Good Luck Terry
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Re: Legal Question
« Reply #58 on: December 04, 2011, 09:45:24 PM »

Hey TC, just a well intended word of advice here.  Since you might not have a driver's license when it's done you best floor it on the way to the courthouse and enjoy it while you can :drink:  :2vrolijk_21: !
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Re: Legal Question
« Reply #59 on: December 04, 2011, 10:07:16 PM »

I’m sure that more than just a few of the folks here have had an involuntary muscle spasm send them over the limit by more than a couple of mph….wrong place at the wrong time. Good luck with your hearing.  :2vrolijk_21:
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