aughtsix
Expert Class
Posts: 277
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posted January 09, 2007 09:19 PM
Yah play, yah pay...
  
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frEEk
Administrator
ummm... yeah
Posts: 9660
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posted January 09, 2007 10:56 PM
problem is payin when you DIDN'T play.
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TurboBlew
Moderator
BUSY DOING THE SCHIAVO
Posts: 4590
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posted January 10, 2007 09:02 PM
Obviously you didnt post the details of your case and I didnt post mine. Bottom line is I didnt do anything either and was still charged. Law enforcement is playing a stupid game and Im pissed off enough to try to change the tide on this. Once my case is finished... then the real shit slinging begins.
Im not sure what kind of case takes 5 months to negotitate... but there is a discovery process and the state has to prove BEYOND A REASONABLE DOUBT that you commited such a felony. Perhaps you drew a shitty judge and your lawyer knows this. There could be politics involved too. I told my lawyer straight up front that if he wasnt going to be an ally he'd get canned. I wouldnt settle for a "wreckless" under any circumstance but thats me.. Either way, wish ya the best on that case!!
quote:
Wreckless charges are criminal... so whatever your work status is you might want to consider having the charge reduced to something else. Cause next time you get a ticket... you could get cited a 2nd time...and that doesnt look good going to court. And the charge is low level,so you get the greenest prosecutors out there.
I don't think you get it ...I was charged With (Racing on the Hiway) a ( Felony Charge) Fines starts at 1000 plus up to five years no DL...One year loss of my DL is the lowest fine . And if the want they can take my bike .. No ifs ands or buts... A Reckless is a small fine( misdemeanor) and i will get not points on my DL.... That was 5 months with my lawyer working to get a deal with the DA on the case...It's not going to get any better ..I can take it to court and fight it but lawyers fees (1000) and if i lose i get 1000 to 5000 in fines and one to five years with NO DL... Now that would fuck up my life for sure.. It pisses me off but if i fight it the officer will lie in court and the Judge will side with the officer.... There is a small chance i might win but is it worth the risk? I don't think it is... I just got done in July fighting a Speeding ticket of 101 in a 60 and got the charges reduced down to a simple speeding charge and no points and the judge will see that also... Had i not already had the one charge for speeding i would be in better shape to fight this one ....
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stevewfl
Moderator
Posts: 27920
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posted January 11, 2007 08:49 PM
quote:
I don't think you get it ...I was charged With (Racing on the Hiway) a ( Felony Charge) Fines starts at 1000 plus up to five years no DL...One year loss of my DL is the lowest fine . And if the want they can take my bike .. No ifs ands or buts... A Reckless is a small fine( misdemeanor) and i will get not points on my DL.... That was 5 months with my lawyer working to get a deal with the DA on the case...It's not going to get any better ..I can take it to court and fight it but lawyers fees (1000) and if i lose i get 1000 to 5000 in fines and one to five years with NO DL... Now that would fuck up my life for sure.. It pisses me off but if i fight it the officer will lie in court and the Judge will side with the officer.... There is a small chance i might win but is it worth the risk? I don't think it is... I just got done in July fighting a Speeding ticket of 101 in a 60 and got the charges reduced down to a simple speeding charge and no points and the judge will see that also... Had i not already had the one charge for speeding i would be in better shape to fight this one ....
You were nice enough to pull over when its a felony just the same to go for it huh... interesting.
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stevewfl
Moderator
Posts: 27920
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posted January 11, 2007 08:55 PM
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smokinZX14
Needs a life
Posts: 10197
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posted January 12, 2007 06:53 AM
quote:
Obviously you didnt post the details of your case and I didnt post mine. Bottom line is I didnt do anything either and was still charged. Law enforcement is playing a stupid game and Im pissed off enough to try to change the tide on this. Once my case is finished... then the real shit slinging begins.
Im not sure what kind of case takes 5 months to negotitate... but there is a discovery process and the state has to prove BEYOND A REASONABLE DOUBT that you commited such a felony. Perhaps you drew a shitty judge and your lawyer knows this. There could be politics involved too. I told my lawyer straight up front that if he wasnt going to be an ally he'd get canned. I wouldnt settle for a "wreckless" under any circumstance but thats me.. Either way, wish ya the best on that case!!
quote:
Wreckless charges are criminal... so whatever your work status is you might want to consider having the charge reduced to something else. Cause next time you get a ticket... you could get cited a 2nd time...and that doesnt look good going to court. And the charge is low level,so you get the greenest prosecutors out there.
I don't think you get it ...I was charged With (Racing on the Hiway) a ( Felony Charge) Fines starts at 1000 plus up to five years no DL...One year loss of my DL is the lowest fine . And if the want they can take my bike .. No ifs ands or buts... A Reckless is a small fine( misdemeanor) and i will get not points on my DL.... That was 5 months with my lawyer working to get a deal with the DA on the case...It's not going to get any better ..I can take it to court and fight it but lawyers fees (1000) and if i lose i get 1000 to 5000 in fines and one to five years with NO DL... Now that would fuck up my life for sure.. It pisses me off but if i fight it the officer will lie in court and the Judge will side with the officer.... There is a small chance i might win but is it worth the risk? I don't think it is... I just got done in July fighting a Speeding ticket of 101 in a 60 and got the charges reduced down to a simple speeding charge and no points and the judge will see that also... Had i not already had the one charge for speeding i would be in better shape to fight this one ....
Just to get you up to speed i posted this a long time back but here is a quick gloss over in what happened ...I sold my ZRX1200 to a guy out of state, he came to FL to pick it up and called me to met him in a Mall parking lot ....He didn't want to test ride the bike but wanted me to show him that everthing worked... I took a short ride in the parking lot and he was happy with what he saw so we loaded it in his inclosed trailer ....After loading he paid me and we talked about going to get something to eat before he hit the road home .. Right then a cops pulls into the parking lot and get out of his car and walks right by me and goes after my friend that came on his bike to help me with the sale... He tells my friend that he is going to Jail for racing that bike in the parking lot....He gets nowhere with my friend and goes after the buyer of my bike telling him he is going to jail....I broke in at some point and told him i was riding the bike and that i did nothing wrong, no racing ,burnouts or anything else..He tells me i'm going to Jail.... He told me he was writing me a reckless driving ticket but he didn't he wrote me for racing on the hiway...He told me that in his officers notes that he wrote that he didn't see the bike or who was riding it........... It took 3 months just to get discovery and when we got it the officer notes read> I saw Mr Smokin riding the bike and put 100s people in danger...He noted that the parking lot was full , i took a picture of the lot with my cell phone and it was completely empty..... The cop is a liar but that doesn't matter the Judge will side with the cop even if i have proved him wrong ...BEYOND A REASONABLE DOUBT doesn't work here in traffic court FL. The Judge always sides with the cop.......If you read my First post you will see what they are doing to bikers in FL,they will take your bike for nothing with No proff.....So far they have taken 344 bikes and thats just in Orlando FL ...You don't live here and have no fucking clue what's going on down here...You can't fight a system that's full of crooks..
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wrongway
Pro
Posts: 1078
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posted January 12, 2007 09:07 AM
felonies aren't heard in traffic court. that would take a real trial with a jury. If that was the only charge , I would think that with 2 witnesses you woudl have had a good chance to win.
when I was charged I got 4 tickets , one was flight from an officer. That charge got the case kicked up to a criminal court and really changed the plea bargaining. The ADA really did not want to prosecute the criminal charge. got all charges dropped and plead to one speeding ticket. ( 25 over).
Roy
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stevewfl
Moderator
Posts: 27920
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posted January 12, 2007 02:15 PM
(note to self)
all the attorneys and legal experts hang out in ZX14.com
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TurboBlew
Moderator
BUSY DOING THE SCHIAVO
Posts: 4590
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posted January 12, 2007 07:34 PM
wrongway has it right. Not that I dont believe you, but if you have two witnesses.... that supercedes even the biggest boyscout (or liar) cop.
If your attorney is arguing a felony in traffic court... its time to consult another attorney. 
Oh and if your attorney was earning his retainer.... you'd have filed some speedy trial motions just based on the length of time it took to get discovery evidence.
I have witnesses too (thankfully) My judge is already hot with the state about foul ups and mishandling of the case. I may get off with nary an arguement presented. The bottom line is dont lay down. Wreckless is still a bad charge to have on your record. Wish ya the best.
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TurboBlew
Moderator
BUSY DOING THE SCHIAVO
Posts: 4590
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posted January 12, 2007 07:38 PM
Dont see anyone playing virtual lawyer here. Im giving practical experience. Take what you will from it.
I know in the future, any cop that pulls me over is going to get a world of resistance to the max. This intimidation bullshit of citizens has to stop.
quote:
(note to self)
all the attorneys and legal experts hang out in ZX14.com
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smokinZX14
Needs a life
Posts: 10197
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posted January 12, 2007 08:03 PM
quote:
Dont see anyone playing virtual lawyer here. Im giving practical experience. Take what you will from it.
I know in the future, any cop that pulls me over is going to get a world of resistance to the max. This intimidation bullshit of citizens has to stop.
quote:
(note to self)
all the attorneys and legal experts hang out in ZX14.com
I agree with that ...I'm going to have a recorder in my pocket at all times ...I'll be damned if i ever let a cop lie on me again ....Plus i'm getting a camcorder and start filming the cops breaking the law and put them out of work ....Jack offs .....  them ....
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Gen 2 ZX14R Best ET 8.43 , Best MPH 164.95
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TurboBlew
Moderator
BUSY DOING THE SCHIAVO
Posts: 4590
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posted January 13, 2007 04:13 AM
At least we're thinking along the same lines.
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phytrax
Zone Head
Posts: 526
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posted January 13, 2007 06:26 AM
 Edited By: phytrax on 13 Jan 2007 06:32
I don't really have a problem with them confiscating bikes if people run, that kinda makes sense. If you use a gun to shoot at someone, or even someone's property, they are not going to give your gun back. The problem is you know a lot of cops are going to see a bike that looks kind of like the one that ran from them last week and go write down the license plate, then confiscate it. That scares me.
It's also regrettable that cops don't differentiate 120mph and reckless driving. If I'm flying down an empty interstate I'm not exactly being wreckless, and I'm surely not endangering anyone but myself. FASTAGS definitely starting to look good.
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stevewfl
Moderator
Posts: 27920
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posted January 13, 2007 09:21 AM
The problem in Florida is they are allowed to only get a tag number and claim a big ran, then go pick it up. Then people negotiate in court to lose the bike when they are offered a pleas bargain deal because they don't want to chance a felony. This problem has even been stated in the media, as Smokin' pointed out. And the media, in several cited articles, explains this problem clearly in Florida.
Is this Florida problem difficult for some to understand or what? What is the debate?
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stevewfl
Moderator
Posts: 27920
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posted January 13, 2007 09:23 AM
If a cop gets mad at you or sees you do something he doesn't like, he simply claims you ran from him. And guess what, the state comes and takes your bike and you are charged with a felony.
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1badzx12r
Needs a life
Posts: 8321
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posted January 13, 2007 09:37 AM
quote:
If a cop gets mad at you or sees you do something he doesn't like, he simply claims you ran from him. And guess what, the state comes and takes your bike and you are charged with a felony.
land of the free...get use to it
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Tool man
Needs a job
Posts: 4493
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posted January 13, 2007 09:49 AM
Edited By: Tool man on 13 Jan 2007 09:50
Quote: You can't fight a system that's full of crooks..
F@ck'em.... Time to revolt! Organize with the AMA and local bike groups help, and if that does not work, let out a rebel yell and XXXX them all.:P
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worm~hole
Needs a life
Miles to go before I sleep....
Posts: 10623
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posted January 13, 2007 12:20 PM
...man...looks like it sucks to be a sportbike rider in some Florida cities....
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BlackMagic14
Needs a job
Posts: 2058
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posted January 14, 2007 08:52 PM
I am just thankfull I live in Arkansas where They have a strict NO PURSUIT of bikes policy If you run on the interstate the State Police cannot chase you and to later pursue charges they MUST have a Clear video recording of your LP (good luck at 160 MPH) I dont mean this to sound like I am saying BUCK THE SYSTEM or anyhting but if I am goin down the highway at say 120-130 (almost never maybe done it twice in 8 months with the bike) and I pass a Statey one time he hit his lights and never even pulled out just waited to see if I stopped, the next time he pulled out and tried following me for maybe 30 seconds then when he saw I wasnt stopping he just pulled over, Now of course I took the next exit slowed it down and took the alternate route home cause like the old saying goes "you cant outrun the radio" That second time when I took the exit about 10 minutes later a cop pulled up behind me and hit his lights I pulled over (i knew I wasnt speeding) he asked where I was coming from I lied and said the opposite direction of where I actually was, he said that I matched the description of a bike and rider that had fled from state police a little earlier and asked if that was me , I said no, he said well I am waiting on the state trooper to get here so we can check his video and the statey told me he got the LP number so you might as well tell me now and I wont arrest you for a Felony, ( i knew he was bluffing NO POSSIBLE way that a stationary camera got a clear shot at my unilluminated LP at 130 MPH at NIGHT....I said No it wasnt me and thankfully we will know for sure that it wasnt me when you see some other LP number on the video ... BLAH BLAH BLAH about 10 minutes later here comes the statey the other cop tells me well he is checking the video so here is your last chance to confess and I wont get you for a Felony I said it wasnt me but that will be confirmed by the video I have no doubt... after about 10 more minutes of blabbering the cop says well I think it was you but we are gonna cut you a brake cause he only got 4 of the 5 numbers on your LP I said wow what a coincidence another bike that looks like mine with an almost Identical LP number they should do something about that I am in a hurry... No charges no ticket just 20 wasted minutes .... sorry to thread jack but I just thought this was somewhat relevant
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smokinZX14
Needs a life
Posts: 10197
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posted January 15, 2007 03:44 PM
Edited By: smokinZX14 on 15 Jan 2007 15:45
Update ......Court Date is Jan 16 . My Lawyer has talked to the DA and here is his deal..... Points removed ... 12 hours driving school 99.00 bucks ......Probation 6 months ...30.00 bucks per visit.. 6 months work only DL ..... Fine 500.00 ....
My Lawyer is taking a another shot before Court with the DA to remove the probation and work only DL thing....And he will try with the Judge to remove those items if he has no luck with the DA ......This Judge has a real bone to pick with this type of ticket ( Racing on the Hiway) and has Jailed many that have gotten this ticket ........All this and i didn't do a damn thing......If i want i can take it to trial but with a felony charge looming if i lose and fines of 2000 bucks and no DL for 2 years i just can't take the risk.... I do have 2 witnesses but only one can make it to the trail and he happens to be a friend, so his words will not carry much weight......Nothing like getting railroaded but the cops and the court system to make your day...
Here's the good part, everytime a cop sees me driving around he can pull me over without cause and give me more shit !!!! Nothing like having a sign on your back telling all cops to pull me over kick me again............
____________
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Gen 2 ZX14R Best ET 8.43 , Best MPH 164.95
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stevewfl
Moderator
Posts: 27920
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posted January 15, 2007 04:01 PM
Incredible
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bigdtd
Needs a job
Interceptors
Posts: 4209
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posted January 15, 2007 04:15 PM
can't you go in , respectfully tell the whole truth, let your buddy respectfully tell the whole truth, and ask the judge why would you risk fighting the charge if you did a crime?
the truth has to be heard to be believed.
if i did not do anything i would have to talk to the judge,
go get em you won;t lose
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smokinZX14
Needs a life
Posts: 10197
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posted January 15, 2007 04:24 PM
Edited By: smokinZX14 on 15 Jan 2007 16:26
quote:
can't you go in , respectfully tell the whole truth, let your buddy respectfully tell the whole truth, and ask the judge why would you risk fighting the charge if you did a crime?
the truth has to be heard to be believed.
if i did not do anything i would have to talk to the judge,
go get em you won;t lose
That guy that just got out of jail in Tampa after serving 25 years said he didn't do it either .. 25 years later DNA proved he did NOT do it !!! . Look the cop will lie and the Judge will side with the cop ..That's the way it works ...
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Gen 2 ZX14R Best ET 8.43 , Best MPH 164.95
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wrongway
Pro
Posts: 1078
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posted January 15, 2007 04:32 PM
so what would you be pleading guilty to ?
Roy
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bigdtd
Needs a job
Interceptors
Posts: 4209
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posted January 15, 2007 04:34 PM
is there some way for you to tell your story without risking it all? or do you just plea tommorrow, they let the guys with lawyers go first, ask for you or hopefully your lawyer to approach the bench and explain
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