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BIKELAND > FORUMS > ZX-14.com > Thread: Is this fare? changed the rules after the fact? NEW TOPIC NEW POLL POST REPLY
smokinZX14


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posted July 05, 2006 07:50 PM        Edited By: smokinZX14 on 5 Jul 2006 21:07
Is this fare? changed the rules after the fact?

As some of you know i got a ticket for 101MPH in 60 Zone .... The officer wrote the ticket as a fine with points , i was told i could remove the points with a driving class ..( By the officer)

OK so today i go to pay the ticket a sign up for the driving school, I get to the counter and the lady tells me that as of July First at 12:00 AM the law changed and That i could NOT pay the fine and that i would have to go to court... Seems they changes the rules ... I got the ticket at 3:58 am July First ...Three hours after the change in the Law..... The officer knew nothing about the law and wrote me the wrong ticket....

How in the hell can they change a ticket after it has been written? Seems to me he should have known about it , after it is his job !! I feel the ticket should be tossed out because it's wrong .... you can't tear up a ticket and write me a different one 4 days later... Anyone that has any input on this please post ... any LEO in our members...?

Also officer told me that he clocked me and my friend both at the same time at 101 , I know for a fact that i was around 70 mph when my friend blew by me at a much higher speed right when we saw the officer ... My friend at that time bolted and ran from the officer and i did not because i was thinking why run ? i was only about 10 MPH over the posted limit ... The officer went after him but gave up on him and came back after me..

I not a master on Radar but i know you can't get a reading on 2 bikes at the same time , you will get the closest or fastest of the two bikes ... So the officer had to be lieing to me...

I feel this hole damn thing is wrong ... what should i do?
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Tool Man


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posted July 05, 2006 07:53 PM        
Get a good laywer :P
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dubious


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posted July 05, 2006 07:57 PM        Edited By: dubious on 5 Jul 2006 20:59
Go to court.
Have it dropped as technicality.... if there is a problem with the ticket
--------------------------------------------------------------------------------------------
If the ticket IS valid then:

Good chance the officer will not even show up.
If he does reserve your plea.
Keep reserving it.
Use excuses like di not yet find cousel 1st time.
Reserve it again with counsel!
usually 3rd court appearance the officer will not show!
Keep putting it off, eventually he will not show up, then the court can not proceed.
It will likely get dropped.

It might take a couple of days of your life away but is better than walking./ losing your license.

SLOW DOWN ... LOL
.... yeah like I'm any better.... LOL

Good luck!

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smokinZX14


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posted July 05, 2006 08:00 PM        
Get a good laywer ... That's first on my list..... But i want a long list because i'm not going down on this one ....
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3Boysand3Bikes


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posted July 05, 2006 09:40 PM        
My guess is that they changed the charge from a traffic citation to a "Criminal Traffic" charge. This is much like "Operating after Revocation". The problem is that it needs to go through the court system in that case. I am from Wisconsin (backwards laws here also) and I am not sure what your state's actual charge is. Is the court you are to appear before a County Circuit Court... or is it a municipality. If it is Circuit Court the Police Officer is not going to miss it... (Overtime= more jelly filled) It will also go through the DIstrict Attorney. That would be your best bet since the municipal judge WILL find you guillty and you will have to appeal it which is really a hastle. My guess is that they are going for some Suspension with this charge.
As a policeman, I can tell you that many tickets are written just as you describe it. What it comes down to in court is you proving that #1 there was another bike going faster than you that may have affected his radar... and #2 that the police were aware of it, (as you state they left to get him). In court if you can show that they were aware of the other motorcycle, you may have a shot. It basically comes down to their training, observation skills and their word over yours. An attorney will cost you some money, but if they are talking suspension... it will be worth it. The insurance companies really frown on that. Well I am just trying to give you my thoughts. I have been a cop for 10 years. I have NEVER written a motorcycle... (unless there is alcohoI or an accident involved). I think that is just not cool. Stiff necks in cadillacs however seem to attract my attention.. ha ha Anyway, I have never lost in court on a speeding ticket... but I also don't write bogus ones. The radar gun needs to be "checked" before and after the stop... and it should be written somewhere, (normally on a "ticketback"). Most are trained to state that they saw the vehicle moving at a high rate of speed, and then they tracked the vehicle with the radar gun. This is what takes out question of what vehicle he got on radar. If he has these in his report and says it was you... I really don't see you getting it dropped. Maybe a plea... I do wish you luck... One last thing... sometimes if you are able to talk to the arresting agency, (supervisor) they can change the ticket... maybe they could drop it down just because of the new law etc... I hope this helps. ps... you said above, "But I want a long list..." well, I didn't disapoint??!! I am a spaz.. what can I say??!! Once again, sorry about the situation. CH

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MasterBlaster


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Posts: 297
posted July 06, 2006 05:30 AM        
Similar experience here except the speed was around 75 in a 55. Bud and I were togeather and I pulled out about 1/4 mile ahead and topped a hill and got tagged by a cruiser comming the opposite. He lit up, and I pulled over to wait for him to turn around. My Bud pulled in ahead of me and shut it down. The Patrolman was very snide about motorcycles, a motor cop happened to ride by about then and he even put him down. Net result is he ticketed me, and as we started to mount up he asked my bud where he was going, and wrote him up the same. The whole thing was bogus as hell. However we had a buddy on the force, a seargent in a different division. He couldnt kill it, but did get it reduced to a seat belt viloation. Result, no points, small fine, and we got a chuckle out of getting ticketed for no seat belt on a motorcycle. Louisiana at its best.....TB
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shawnski


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posted July 06, 2006 06:04 AM        
here in texas, over 20 miles speed limit you have to see the judge, over hundred miles normally they take your ass to jail!! it all depends on officer how much he likes sportbikes!!!!!

for now best is go to court plead not guilty or to figure it out by jury decision, it will take a while, then sometimes the officer will show up sometimes he won't. if not will dismiss it, if shows up you try to settle or negotiate with D.A. they give you option of taking defensive course if not taking it for certain time,varies by state. or pay certain amount of money without going in your record.
the only problem is he showed you are going 101 miles
that could be alot different too

good luck.
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BobC


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posted July 06, 2006 06:57 AM        Edited By: BobC on 6 Jul 2006 07:59
Sounds to me like the evidence has been tampered with. I don't know a whole lot about American justice but simply on a point of law that cannot be legal. Their copy of the ticket is now different to yours. They shot themselves in the foot !!!!!
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zerMATT


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posted July 06, 2006 08:18 AM        
In Fort Worth, the officer doesn't even need to show up in court now... how do you like that?!?! Can't play the "maybe the officer won't show up" card anymore.
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earl b


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posted July 06, 2006 10:55 AM        Edited By: earl b on 6 Jul 2006 11:56
The officer was probably thinking of the old law when he told you that. The most he can say is that he forgot when he explained that to you. I'd plead my case to the court.
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kto-14


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posted July 06, 2006 12:36 PM        
look at the at the statute number every law has it's own. if he wrote it under the old statute# have the lawyer fight it. new law will have new statute#. you can prob just get hit on the old law. bring up the fact he chased the other rider.
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jnybbad


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posted July 06, 2006 02:03 PM        
You got pinched for 101 in a 60!!!! Even if you were going 70 in a 60 this is still a violation. The way I look at it is laws are put in place for a reason and if you CHOOSE to break them accept the penalties. If you dont agree with the laws then use your right to vote and try to change them.

It always kills me that people look down on cops because they get busted for violationg a law that the ofiicer DID NOT inact rather he\she is paid to enforce. Just like any business officers are given a set of rules to follow and they follow them the best that they can. It is not a personal attack when an officer issues a citation or makes an arrest. It is a JOB that they get PAID to do correctly. As for dragging it out and hoping the cop FTA's for court, not in my area. Thats 4 hrs overtime even if court only last's 5 minutes. You are waisting a day and we are making $200.

If you dont want a ticket then, in the words of Jim Carrey:

"STOP BREAKING THE LAW ASSHOLE"

Just my 2 cents but hey Im a cop!!!


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MATTZ14


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posted July 06, 2006 03:07 PM        
I followed a cop through town a couple weeks ago(didn"t know when I was behind him) in his personal vehicle. When we stopped at a light I pulled up along side he asked me what the speed limit was. When I told him, he held up his badge and said "try doin it". I was behind him!! It's the cop's that think they are rambo (jnybbad Johny B Bad I wonder??) and can do no wrong that give them a bad name. If they catch you dead to rights then so be it, but when they pull a bogus deal out just to burn ya it's BS. I don't know any cops that go the speed limit. We had a citizen with a radar gun clocking police cars with the lights off and out of jurisdiction. He sent a letter into the local paper wanting to know why the cops felt they could travel over 25 mph over the speedlimit in non-emergency situations without lights or sirens. We even had an officer killed and his partner fired for speeding to a non-emergency situation and lost control.Luckily they didn't kill anybody else. You felt that the ticket for 70 not 101 would have been justified. Good luck I've been there.
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3Boysand3Bikes


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posted July 06, 2006 03:21 PM        
jnybbad, He says at the top that he went to pay the ticket... and take a class... I don't think that he is trying to get away with anything. Also, he was told two completely different things about the exact same ticket... he is trying to figure out what is going on.. and lastly.. I am a cop too.. and he never complained about the officer, nor about getting pulled over. Yes we are paid to enforce the laws... Have you written yourself a ticket for going 10-20 over??!! Obvioulsy not... there are times that we can use our common sense out on the streets. Did they assume that he was racing?? Probably... Did they assume they were together?? Probably... Did he know which one was going 101?? Probably... did he just try to get the one they could catch?? Probably... There are good bike riders and bad bike riders... there are also good cops and bad cops... If everyone posted the bad cop stories they have dealt with we would be here for a long, long time... he isn't bashing cops... and he is not complaining about a ticket... I feel that you are making us cops look like intolerant poop heads... (also from a movie... Armed and Dangerous) Anyway.. peace to you... I just seemed to cringe at some of your points... wanted to make sure there was a pro/con thing goin..
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3Boysand3Bikes


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posted July 06, 2006 03:50 PM        
MATTZ14... Officers can be a bit 'touchy'... He may have felt that you were following him for a reason, or just to be a dink. I can relate to this a bit... One night I was driving (personal car) and a car came up pretty fast behind me... After several miles it stayed behind me... I then sped up and it stayed about the same distance... not on my bumper... but not real far off either. I then sped up some more.. same thing. After another couple of miles I pulled into a gas station. They pulled in also, but didn't even seem to notice me. What I had thought were punks messing with me was just some kids in a hurry to get directions to the local strip club.... This almost seems to be the difference in our brains... we are trained to be alert and careful and we do.... and sometimes we read into things. On the other hand, people expect us to be dicks... and so when we are doing what we are trained... they interpret our actions from their point of view... in your story the cop probably went to his cop buddies and told them how some a-hole was just riding his butt... Neither side was wrone?? Neither side was right?? Just another point of view.... AND YES I HAVE GONE OVER 101mph ON THE 14!!! I am a baaaaaadddddd Booooyyyy
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dubious


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posted July 06, 2006 03:55 PM        
jnybbad:

First I must say:
I have utmost respect for officers who have to deal with delinquents and defects of the WORLD on a daily basis!
It would be a depressing, tiring, and difficult job most of the time I'm sure.
Especially when the system seems so inadequate and leniant for major crimes!

Personally I don't think officers get paid enough!
I treat them with utmost respect as well....
Sometimes it makes a difference sometimes not.

My post on this topic is in hope you realise most people do not look down upon you for doing your job. Some praise too maybe!

Unless you have been given reason, and have been treated with less than respect, don't take it personally.... their probably embarrassed, and a little upset for getting a ticket pertaining to a law that seems unreasonable.
I know thats what going through my mind.
NOT what an asshole the cop is!

You know as well as we all do, beaurocrats are very out of touch with the real world.
So are many of the laws they make.

Yes we are all suposed to be responsible adults, and it would be our own fault for breaking the law!
He didn't try to outrun the officer, he took it like a man.

I don't think Smokin was belittleing, or berating police...
But you sure sound defensive!

That said, there are alot worse laws to break than speeding.... especially on a motorcycle, especially, if the bike was not wheeliing, or stunting, and was being ridden in a controlled fashion, albeit fast, but controlled.
Controlled would also include other factors, like whether it was downtown near a schoolyard, or was it out on an empty highway without intersections or traffic!

I am sure you are aware that todays sport bikes can out manouver, and out brake, vehicles these archaic laws were meant for, by an extremely wide margin.
Hell, they outbrake and outhandle many of the most expensive sports cars in the world.

To be charged criminally for speeding?
Thats REALLY UNREASONABLE!
Did someone die? was someone raped? did he assult? or steal , or lie, cheat, injure anyone? run from the law? disobey the officer? Was he impaired, selling drugs or running people off the road?

If only ..... everyone in the world even ATTEMPTED to be reasonable, rather than defensive, condescending, and discriminatory......

I would hate to think someone gets criminally charged for speeding!
To cary a prior around for a lifetime for that would be enough to make some good natured people turn bad!

We need more officers like Wormhole, and 3boysand3bikes ( maybe jnybbad too?)
Reasonable officers without a ball busting attitude! (unless necessary I'm sure!)

Textbook officers don't do the best they can for society, they do the best their told!
There is a difference!



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Just Joy


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posted July 06, 2006 04:10 PM        
suck it up princess......ya did the crime, do the time.....

as for dubious suggestion, well, that used to work, (trust me, lizard has played the game more than once ) but not any more, they are craking down now in Alberta......your only allowed to "reserve" twice now, and each time the cop shows.....or else the cop gets into trouble.......even getting pro's involved dosen't help anymore, like the "ticket" people and so forth, even they are shaking their heads, cause they cannot get any points taken off at all, and very little off the fine.....it sucks man, just sucks.....

sorry dude, but like I said at first....suck it up
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MATTZ14


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posted July 06, 2006 04:18 PM        
3Boys...I know what ya mean. It could of sounded like I was getting down on that guy, but not alot. I followed him for 10 miles through 7 different speed limits out of town and through it. I wasn't on his ass, just behind him. He was taking all the good routes through traffic I would have picked and I wasn't looking to pass him cause we were going plenty fast enough. I try only to open up my bike on open roads with no other vehicles. There are to many idiots that just pull out to even screw with @ 175. I've got friends that are cops and they are crazier then most of us when off duty and alot of fun. You guys have cool jobs that really suck. If that makes sense. Like the saying goes, "One bad apple.......

Crashed before will do it again. It's only a matter of when and how bad.
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3Boysand3Bikes


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posted July 06, 2006 04:59 PM        
I do have to say that I am not a prude... but as all of you out there... I have lost numerous friends in bike accidents. Several drunk, several in the wrong place at the wrong time, and several just screwing off... I have no idea why you would run at upwards of 120mph... Not that you can't die going 65, but the odds certainly go down quickly. Live your own life... and enjoy it... but I really think that the high speed stuff should be a lot more controlled. Maybe the generation gap is showing... I am 42... I realize on the 14 it seems as though you are going 55 at 100... and that the brakes are incredible... (thanks for the visual Faster Than Stink)... but you are still going extremely fast. Some of our laws are rather silly... but some of them save lives daily. The judgement speeds not only of the bike rider, but by the other drivers are too slow to reasonably expect to react to 150+mph. You really don't even get one tiny mistake... and we all have made them... but at that speed you are done. To some, that may sound thrilling, but in reality if and/or when IT happens, everyone is going to talk about your stupidity. I try to talk with reality not tickets... and I feel as a representative of the law, I do need to get that perspective out there. Speeding is a reality... but routinely riding at excessive speeds is a danger that will always have a winner... and many times it is not the bike rider. I myself have been down 2 times... both from cars pulling out in front of me... and both times if I was going anywhere near the speed limit I would have been a hood, or a door ornament... I was going well below the limit because I knew the idiots were going to pull out... please be careful... Okay... off the soap box... and everyone continue on as before... I don't intend to pressure anyone... just get their minds to think a bit... The race track also has rules to keep yo alive... most people follow them closely...
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smokinZX14


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posted July 06, 2006 05:26 PM        
quote:
You got pinched for 101 in a 60!!!! Even if you were going 70 in a 60 this is still a violation. The way I look at it is laws are put in place for a reason and if you CHOOSE to break them accept the penalties. If you dont agree with the laws then use your right to vote and try to change them.

It always kills me that people look down on cops because they get busted for violationg a law that the ofiicer DID NOT inact rather he\she is paid to enforce. Just like any business officers are given a set of rules to follow and they follow them the best that they can. It is not a personal attack when an officer issues a citation or makes an arrest. It is a JOB that they get PAID to do correctly. As for dragging it out and hoping the cop FTA's for court, not in my area. Thats 4 hrs overtime even if court only last's 5 minutes. You are waisting a day and we are making $200.

If you dont want a ticket then, in the words of Jim Carrey:

"STOP BREAKING THE LAW ASSHOLE"

Just my 2 cents but hey Im a cop!!!


I hope you do your job better than you read ..... I wrote above that i had no problem with paying the ticket and taking a driving course!!!!!! I'm not mad at the officer ... I just feel that he wrote the wrong ticket and he did .... I feel the Radar reading was from the other bike and not mine ....

I talked to friends today that happen to be officers and they told me officer wrote the wrong ticket and that he would get the ticket kicked back to him ... The officer would have to call me and tell me what he did wrong and right me a new ticket... If he wants he can drop it the ticket or give me a proper ticket....

As for the Jim Carrey statement .....The way i look at it you just called me an Asshole ... I will not call you the same and stoop to your level.... As an Officer of the Law if you are an officer that's one hell of a way to service the people ....I'm sorry i don't want help from you..
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smokinZX14


Needs a life
Posts: 10197
posted July 06, 2006 05:28 PM        
quote:
I do have to say that I am not a prude... but as all of you out there... I have lost numerous friends in bike accidents. Several drunk, several in the wrong place at the wrong time, and several just screwing off... I have no idea why you would run at upwards of 120mph... Not that you can't die going 65, but the odds certainly go down quickly. Live your own life... and enjoy it... but I really think that the high speed stuff should be a lot more controlled. Maybe the generation gap is showing... I am 42... I realize on the 14 it seems as though you are going 55 at 100... and that the brakes are incredible... (thanks for the visual Faster Than Stink)... but you are still going extremely fast. Some of our laws are rather silly... but some of them save lives daily. The judgement speeds not only of the bike rider, but by the other drivers are too slow to reasonably expect to react to 150+mph. You really don't even get one tiny mistake... and we all have made them... but at that speed you are done. To some, that may sound thrilling, but in reality if and/or when IT happens, everyone is going to talk about your stupidity. I try to talk with reality not tickets... and I feel as a representative of the law, I do need to get that perspective out there. Speeding is a reality... but routinely riding at excessive speeds is a danger that will always have a winner... and many times it is not the bike rider. I myself have been down 2 times... both from cars pulling out in front of me... and both times if I was going anywhere near the speed limit I would have been a hood, or a door ornament... I was going well below the limit because I knew the idiots were going to pull out... please be careful... Okay... off the soap box... and everyone continue on as before... I don't intend to pressure anyone... just get their minds to think a bit... The race track also has rules to keep yo alive... most people follow them closely...
Thank you for the info ... you have been very helpfull .... Smokin...
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3Boysand3Bikes


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posted July 06, 2006 07:00 PM        
I think you will do alright SMOKIN.... They may try to play hardball and ask for your friends info... not worth it... only one thing worse than a cop that rambles... and that is a speeder that shares his buddies info... Just make sure you don't get another ticket or they will be bitter!!!! Good Luck!!!!!
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jnybbad


Novice Class
Posts: 79
posted July 07, 2006 12:05 PM        
quote:
As some of you know i got a ticket for 101MPH in 60 Zone .... The officer wrote the ticket as a fine with points , i was told i could remove the points with a driving class ..( By the officer)

OK so today i go to pay the ticket a sign up for the driving school, I get to the counter and the lady tells me that as of July First at 12:00 AM the law changed and That i could NOT pay the fine and that i would have to go to court... Seems they changes the rules ... I got the ticket at 3:58 am July First ...Three hours after the change in the Law..... The officer knew nothing about the law and wrote me the wrong ticket....

How in the hell can they change a ticket after it has been written? Seems to me he should have known about it , after it is his job !! I feel the ticket should be tossed out because it's wrong .... you can't tear up a ticket and write me a different one 4 days later... Anyone that has any input on this please post ... any LEO in our members...?

Also officer told me that he clocked me and my friend both at the same time at 101 , I know for a fact that i was around 70 mph when my friend blew by me at a much higher speed right when we saw the officer ... My friend at that time bolted and ran from the officer and i did not because i was thinking why run ? i was only about 10 MPH over the posted limit ... The officer went after him but gave up on him and came back after me..

I not a master on Radar but i know you can't get a reading on 2 bikes at the same time , you will get the closest or fastest of the two bikes ... So the officer had to be lieing to me...

I feel this hole damn thing is wrong ... what should i do?[/quote

If I offended you I appologize. I meant the Carrey statement as a joke. I guess I am used to guys that are a little thicker skinned. I guess tickets in FL are different than in CA. Here in CA you would still be responsible for the violation even in you situation. In you statement you called the officer a liar and you stated that he should have known about the change. I took this as you blaming the officer as if he did something intentionally wrong to a citizen who was following the rules (101 in a 60). If I took your statements the wrong way, again I appologize.

I just hope that the ticket slows you down on the public roads. Unfortunatly it sounds as though it willl not. I have scraped to many riders off the road who think that its a race track. I have also seen innocent people injured and killed because of riders will no due reguard to anyones safety. Tickets are put in place to keep everyone aware of the rules to keep everyone safe.

Take your bike to the track, thats what they are for.


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blitzkrieg


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Posts: 2044
posted July 07, 2006 12:56 PM        
I've ridden triple digit speeds with several cops.

Seems to me not all adhere to your rigid interpretation of the law. LOL





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smokinZX14


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Posts: 10197
posted July 07, 2006 04:40 PM        Edited By: smokinZX14 on 7 Jul 2006 17:45
quote:
quote:
As some of you know i got a ticket for 101MPH in 60 Zone .... The officer wrote the ticket as a fine with points , i was told i could remove the points with a driving class ..( By the officer)

OK so today i go to pay the ticket a sign up for the driving school, I get to the counter and the lady tells me that as of July First at 12:00 AM the law changed and That i could NOT pay the fine and that i would have to go to court... Seems they changes the rules ... I got the ticket at 3:58 am July First ...Three hours after the change in the Law..... The officer knew nothing about the law and wrote me the wrong ticket....

How in the hell can they change a ticket after it has been written? Seems to me he should have known about it , after it is his job !! I feel the ticket should be tossed out because it's wrong .... you can't tear up a ticket and write me a different one 4 days later... Anyone that has any input on this please post ... any LEO in our members...?

Also officer told me that he clocked me and my friend both at the same time at 101 , I know for a fact that i was around 70 mph when my friend blew by me at a much higher speed right when we saw the officer ... My friend at that time bolted and ran from the officer and i did not because i was thinking why run ? i was only about 10 MPH over the posted limit ... The officer went after him but gave up on him and came back after me..

I not a master on Radar but i know you can't get a reading on 2 bikes at the same time , you will get the closest or fastest of the two bikes ... So the officer had to be lieing to me...

I feel this hole damn thing is wrong ... what should i do?[/quote

If I offended you I appologize. I meant the Carrey statement as a joke. I guess I am used to guys that are a little thicker skinned. I guess tickets in FL are different than in CA. Here in CA you would still be responsible for the violation even in you situation. In you statement you called the officer a liar and you stated that he should have known about the change. I took this as you blaming the officer as if he did something intentionally wrong to a citizen who was following the rules (101 in a 60). If I took your statements the wrong way, again I appologize.

I just hope that the ticket slows you down on the public roads. Unfortunatly it sounds as though it willl not. I have scraped to many riders off the road who think that its a race track. I have also seen innocent people injured and killed because of riders will no due reguard to anyones safety. Tickets are put in place to keep everyone aware of the rules to keep everyone safe.

Take your bike to the track, thats what they are for.


Your appologize is accepted.... I do race at the track twice a week and something 3 times a week... I only ride my bike late at night and only speed rarely if traffic is clear ..I know it's still wrong and if i do it i'm ready to pay for my sins....One of my riding buddies is DEA and if he had been with me we both would have not get ticketed... He could get me off with one phone call but i will not ask a friend to do that....Nor will i call my brother inlaw that is a FHP Officer or my Aunt that was a 30 year vet of the Butte Co Calif SD... All i wanted to do is pay the fine as wriiten and remove the points as per the ticket and what i was told to me by the officer ... I still feel it's wrong to change the ticket after it has been written ... I have a court date at the end of July and a lawyer so we will see what happens ..I would be happy if i can get the ticket changed back to the first charge...
____________
Smokin Performance Cycles..
Tampa Bay , FL .. Brocks Performance Dealer ..
Gen 2 ZX14R Best ET 8.43 , Best MPH 164.95

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