Time To Fight A Serious Ticket

[mabupa]

I'm with everyone else. Get a pro involved. I have a crazy cousin that has gotten probably every imaginable ticket in FL and some lawyer he uses, always figures a way to work it out. I can't even understand how he still has a license.

Good luck and keep us posted. I'm sure everyone is curious about what the outcome will be.

 

[Busabim]

Never said do not get an attorney. I said do some research yourself first, including researching the attorney if you choose to employ one.

BB

 

[VIPER]

pretty no brainer here you did the crime now payup. dont understand whats to chat about here? you admitted to passing in no passing, admitted to speeding, and other things on a public forum no less?

 

[TallTom]

Ticket for passing on a double yellow isn't the same as reckless driving. Speeding isn't the same either. How fast was he going? He doesn't say. Was he passing a car on the double yellow that may have been impeding his travel (ie. a hay tractor or a disabled vehicle with emergency lights flashing)? Was he passing with oncoming traffic within range of possible danger? Again we don't know by the info provided. A Hayabusa can make a safe pass on a double yellow in about a second or two. Was it illegal? Maybe depending on circumstances. Was it dangerous? No. Certainly was not reckless. Would a vehicle be allowed to exceed the speed limit in order to complete a safe pass (Hit 45 for 25 feet passing) then again reducing back to speed (say 30) limit thereafter, or was he hauling ass before, during and after?

I believe this to be the current wording of Statute:

O.C.G.A. 40-6-390 - Reckless Driving

(a) Any person who drives any vehicle in reckless disregard for the
safety of persons or property commits the offense of reckless
driving.

(b) Every person convicted of reckless driving shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a
fine not to exceed $1,000.00 or imprisonment not to exceed 12
months, or by both such fine and imprisonment, provided that no
provision of this Code section shall be construed so as to deprive
the court imposing the sentence of the power given by law to stay or
suspend the execution of such sentence or to place the defendant on
probation.

There is no speed specified, or passing illegally specified. What constitutes a simple violation of the rules of the road versus an act of reckless driving is merely the subjective determination of the guy writing the ticket and the court deciding if he should have or not.

DING DING DING. So you have a wealth of opportunity for abuse and revenue generation.

 

[Cantab]

pretty no brainer here you did the crime now payup. dont understand whats to chat about here? you admitted to passing in no passing, admitted to speeding, and other things on a public forum no less?

This is exactly what I was thinking... im sure plenty of others as well.

 

[E Zurcher]

This is getting good!

 

[PAPA SNOW]

Run for the border,, come back in with a clean record, AND goberment assistance ,,,

 

[Dark3]

Lol. Thanks for all the help guys. Speed cop said "80 something" maybe in a 55 or 45 but a big two lane road. As stated imo the pass was safe and believe we were spotted smashing the gas around the car. I believe the charge is easy to issue which leaves room for doubt. Its just the one ticket no speeding or anything else. I have zero points and am seeking an attorney. Too be honest I took this as a sign to hang up the helmet. Once I made a commitment to do that and go back to the much legal and safe family oriented sport of bass fishing/boating, I bought a 2 dollar scratch off and won $500. I am a person pf faith and even in gambliing I belive god is in all things and everything happens to put us on our path. The good and the bad. If anybody is willing to do the work here in GA i would let somebody strip my bike (Arm, exhaust, log box, wideband, speedo healer, windshield, morrors, ect) for like a grand and put thier stock parts on

 

[outlawbusa]

Sounds like it could be a good opportunity for some parts, depending on the exhaust...

 

[TallTom]

And to be honest, if you show the courts that you have sold the bike, and that this is not your sport/hobby/activity anymore, with your good driving record you may get a much more favorable attitude and outcome without an attorney even being needed.

We had a former member here who got popped for 167. He was headed for jail. Sold his bike, gave up his endorsement and paid court cost and his attorney, and he has a license and clean record. Well at the close of that he did. I have no idea what he is doing anymore.

There was no question of his guilt. He openly admitted it. So in these cases you try and plead it down.

Where in Ga. are you located? I may be taking a position in Atlanta here in a monthish. I was thinking of bringing my bike up there to ride weekends....but.....yours will do.....lol.

 

[Dark3]

Columbus. Exhaust is a prestine alien head full system, k&n and a innovate mtxl wideband talking to the log box pro. Runs amazing on current flash as its always evolving. Probly like3 or 4 grand worth of poop. Trac dynamics polished 6+ ekzvx3 chain, supersprox sprocket ect ect. Have to be willing to put my bike back together as it would be stock and drop a grand in my hand

 

[Dark3]

Bar ends mirrors, block offs, windscreen, gauge pod, carbon fiber fender. The list goes on. It wont be butchered getting put back together though.

 

[Dark3]

Oh correction. Sprint filter not k&n

 

[Dark3]

Brand new tires, pilot 3's

 

[Dark3]

Thats all ill say to that. Depending if your a good mechanic or have a solid plan to put it in a local shop i will consider letting you get all this stuff for a G with stock parts put back on

 

[TallTom]

Man I wish I had a stash of stock parts.

 

[Lucid]

The prosecutor knows that it's expensive (or that you and your attorney can make it expensive and time-intensive) to go to trial. If they know/fear a trial is coming, they'll be much more likely to have you plead to a lesser offense. Literally, it'll cost the state thousands just to prosecute your charges, considering trial and pretrial. An attorney who is familiar with these in your area should know the prosecutor(s) and the DA and and will be able to dispose of this with little impact on your record. With that, they also know they'll be able to walk all over you if you're unrepresented, so get a decent attorney.

I can't imagine selling my bike over this. I'd just spend more time at the track to "get it out of my system" and then I take it easier on the streets.

 

[Cantab]

I can't imagine selling my bike over this. I'd just spend more time at the track to "get it out of my system" and then I take it easier on the streets

This the way to go

 

[GNBRETT]

fair point Tom. but if someone is operating at say 85 mph in a 50 mph zone wud u consider that reckless by itself? probably not I wud think..... how bout in a 40 mph zone or even a 25 mph zone? now u add in heavy traffic and that changes everything.

the statute may not dictate a specific speed but his actions via speed can surely reach the level of reckless driving under this states particular Reckless Driving statute so there doesn't have to be a listed MPH to be reckless by ur speed alone. never mind the fact that you are now changing lanes while doing so.

it will all come down to the power of the pen as u know. he will say he followed him at 80+ mph for however long he lists and while doing so the operator was recklessly changing lanes and putting other in danger due to heavy traffic conditions. ANYTHING one does wen going 80+ in a 50 or 55 is gonna be considered reckless in the courts eyes.

I'm not saying I agree with that cause I sure don't but unless he can show that there is no way he cud have been traveling that fast in that particular area its gonna be his word against the cops. he doesn't need to get him with Laser/Radar either. he can surely follow him and track him as long as the odometer has been certified to do so and thats just about every police car on the road these days.

he can ask if they have cameras and if so does he have the event on tape? and if so was it turned in as evidence?

Ticket for passing on a double yellow isn't the same as reckless driving. Speeding isn't the same either. How fast was he going? He doesn't say. Was he passing a car on the double yellow that may have been impeding his travel (ie. a hay tractor or a disabled vehicle with emergency lights flashing)? Was he passing with oncoming traffic within range of possible danger? Again we don't know by the info provided. A Hayabusa can make a safe pass on a double yellow in about a second or two. Was it illegal? Maybe depending on circumstances. Was it dangerous? No. Certainly was not reckless. Would a vehicle be allowed to exceed the speed limit in order to complete a safe pass (Hit 45 for 25 feet passing) then again reducing back to speed (say 30) limit thereafter, or was he hauling ass before, during and after?

I believe this to be the current wording of Statute:

O.C.G.A. 40-6-390 - Reckless Driving

(a) Any person who drives any vehicle in reckless disregard for the
safety of persons or property commits the offense of reckless
driving.

(b) Every person convicted of reckless driving shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a
fine not to exceed $1,000.00 or imprisonment not to exceed 12
months, or by both such fine and imprisonment, provided that no
provision of this Code section shall be construed so as to deprive
the court imposing the sentence of the power given by law to stay or
suspend the execution of such sentence or to place the defendant on
probation.

There is no speed specified, or passing illegally specified. What constitutes a simple violation of the rules of the road versus an act of reckless driving is merely the subjective determination of the guy writing the ticket and the court deciding if he should have or not.

DING DING DING. So you have a wealth of opportunity for abuse and revenue generation.

Ticket for passing on a double yellow isn't the same as reckless driving. Speeding isn't the same either. How fast was he going? He doesn't say. Was he passing a car on the double yellow that may have been impeding his travel (ie. a hay tractor or a disabled vehicle with emergency lights flashing)? Was he passing with oncoming traffic within range of possible danger? Again we don't know by the info provided. A Hayabusa can make a safe pass on a double yellow in about a second or two. Was it illegal? Maybe depending on circumstances. Was it dangerous? No. Certainly was not reckless. Would a vehicle be allowed to exceed the speed limit in order to complete a safe pass (Hit 45 for 25 feet passing) then again reducing back to speed (say 30) limit thereafter, or was he hauling ass before, during and after?

I believe this to be the current wording of Statute:

O.C.G.A. 40-6-390 - Reckless Driving

(a) Any person who drives any vehicle in reckless disregard for the
safety of persons or property commits the offense of reckless
driving.

(b) Every person convicted of reckless driving shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a
fine not to exceed $1,000.00 or imprisonment not to exceed 12
months, or by both such fine and imprisonment, provided that no
provision of this Code section shall be construed so as to deprive
the court imposing the sentence of the power given by law to stay or
suspend the execution of such sentence or to place the defendant on
probation.

There is no speed specified, or passing illegally specified. What constitutes a simple violation of the rules of the road versus an act of reckless driving is merely the subjective determination of the guy writing the ticket and the court deciding if he should have or not.

DING DING DING. So you have a wealth of opportunity for abuse and revenue generation.

 

[WuzzaCBXRider]

I agree, hang up your helmet and never ride again. First you wanted to write to the person whose job it will be to PROSECUTE you and then you wanted to do your best to 'beat the rap', and now you've taken this simple traffic stop (first ever in ten years you say) as a sign from God...BS! Don't ride anymore. You don't belong on two wheels.