falsifing evidence

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OB_maui

Registered
Cisco, thanks. Just seeing your name next to the post, I knew you had good advice. I will research this.

Mike K, The other four tickets are ligit (I think). Those I don't have much hope for. The bike does not belong to me. I didn't check the status of the tax, safety, and worst of all insurance, before jumping on to ride. If I had, I NEVER would have gone. The registered owner now lives in Bali and is most certainly not coming back. The guy who let me ride it also failed to tell me any of this (but he later told me that he knew). But as far as I know, the law is not in my favor here. I got two tickets on the insurance, because I was "acting as his agent", at least that's what the cop said.

I was born here, and for as long as I have had memory, I have known members of the Maui Police Department. I have several good friends who are police officers (they've been to my house many times and I've been to theirs, etc. Two of them are retired Majors). I am a law-abiding citizen. I pay my taxes. I conduct my self in a professional, courteous way. I was a martial arts instructor for ten years, and our school provided ALL hand to hand instruction to ALL the police officers here. I gave total courtesy to this guy, and he responded with hostility. He had already made up in his mind that I was a criminal. I do believe that this one individual has a preconception that all motorcycle riders are criminals.
 
In Pennsylvania there are lawyers that specialize in Motor Vehicle Code violations.
Yes they cost money but I am the kind of guy that would pay the lawyer more than the ticket was worth just to prove I am right and get the squirrel cop off everybody's back.

Bring the bike to court if you can. Actually make the judge walk out and look at it. Bring your bike shop friend too.

I was once busted for going 80 in a 55mph zone along I-70 in Kansas. I was driving a '63 VW bus. Undoubtedly the cop didn't like the long haired hippies from out-of-state.
He wanted me to pay the ticket immediately. I insisted on seeing a magistrate. Was told the price of the ticket would triple and they would search my van.

The judge tripled the fine but said he was busy but would allow me 1 minute to speak. I handed him the VW keys and said "If he can get an overloaded 32 hp VW van to go 80 mph I would happily pay the fine." Needless to say I beat it.

Advice here "make sure you're right, then go ahead". I think Davey Crockett said that first.

Whatever you decide to do.. Good Luck.
 
Boy what a mess...sounds like something that would happen to me.

Good news is that non-moving violations are not insurance problems...that's #1!

Next, everyone is right...ask for a formal trial the cop showing up is in question. Hell, in Texas they don't often show up for initial court dates.

Now, to the insurance tickets.

You are not acting as someone's agent unless you are performing some sort of work for them...is this the case? If not, there goes one ticket.

As for the "no insurance" ticket, check with your carrier...my carrier insures me on anything that I ride. That could take care of the second insurance ticket for you.''

I'm a bit lost on "tax" and "safety" tickets, though...can you explain it a bit more? What are they actually for? I would guess that "tax" would mean license plate tags...if so, in the state of Texas if you go get them renewed in the next ten days after the ticket and show the information to the judge, the fine is only $10 or $15...don't remember which. The "safety" has me stumped, though. More info?

I also agree with Lyle...see if the bike shop manager can attest to the officer's state of mind, your behavior, etc. when this was going on. Might not be a bad idea to get one of your cop friends to go with you either.

Good luck, man...

BigDog


[This message has been edited by BigDog (edited 06 January 2000).]
 
Maui,the one ticket or two tickets on the insurance might be a beatable one since the cop said that you were acting as the owners agent,they the cops would have to prove that and you either was acting in the owners behalf. You have to prove that you borrowed the bike not knowing that the title,insurance and safety checkup was not covered.The only bad side is that in Hawaii the safety sticker is on the bike and it shows the next anunal safety check.I thought only cars was safety checked but not bikes.I guess they just want to create more money for the state,hidden tax.Was the cop a local boy or transplant from the mainland?You do know that it is not cool driving a cushman trike with that stupid helmet on,and I'm sure the motorcycle cops are required to wear helmets.Also rookies and newbee's drive those trike.Maybe the cop had TSB"Toxic Spree Builded_up".Good Luck

[This message has been edited by Cisco San Jose (edited 06 January 2000).]
 
Cisco just about said it all. Your case will be with him, not the "Cushman Cowboy". I wouldn't ask the judge to go outside and look at anything. Once they sit down, they usually don't like to get up again. I think it'd be better not to ask the judge to "do" anything.

A local motorcycle cop gave me 5 MOVING violations ($100 each - 2 were valid), because he had to "chase" me for 4 miles at 50 mph in a 35 zone. Geez, I guess I forgot I was suppose to be running. Just by showing up in court, they dropped the 3 bogus charges.


Here in Arkansas, the way to get out of the other violations, would be to get the insurance and registration (taxes, safety, etc.) current. That the only way they'll drop those kind of charges. Here, "Probation" is for moving violations. Your courts might have a similar option for dropping the other charges off your driving record in less the normal 3 years.

I doesn't look like that's going to be an easy or cheap option, for you. I don't know how the other charges would affect your driving record or insurance rates, but I'd use those factors in making my choices. Good luck.

[This message has been edited by redelk (edited 06 January 2000).]
 
Maui
First of,Happy New Year,now to the tickets.I would first go and get a DMV book with all the laws in it and read up on the sections that has to do with your ticketed offence.Now the officer when he goes to court has to also explain to the judge the various offence or traffic violations that he has ticketed you for.Now if you know the violation number or code that he ticketed you on you can explain to the judge if you are right and the officer is wrong what the violation number is and what the law states about that violation and if you are with in the law you should win.Always address the judge and not the officer and explain each of the charges via the DMV code book and explain that you are in the right on each charges that the officer wrote you down or citied you for.Traffic court is different from criminal court and in Hawaii all the cops and judges try to cover for each other if you know what I mean.But if you are right with in the DMV laws in Hawaii then they can not charge you for the various codes/citation that you received.The judge can not stop you when you are on the stand just as long that you stick to the subject of each offenece.Check out the various ABATE website for help and another good web site might be the AMA website.If you lose in the traffic court you can appeal your case to the applete court and you have to fill out some paper work and you wait for your court case which might take some months.Read the DMV law book about each charges and write it down in the appeals paper that you are going to turn into the court.Like I said it will be a long drawn out process and I had to go thru the same thing when I had my traffic tickets for my sopose illegal helmet.But since I knew the law better than the cop and I also wrote and researched the code that I was cited for the judge was impressed and let me go on both Helmet Law violations that I got and the one that my wife got also.So do your home work.Good Luck and I will try to find more information to help you win also you might be able to get into the Local/State website which would have or might have sections on the DMV laws.
 
The depth of field on a camera is in the eye of who took the photo. I would get an average car park your bike in front move the car in position behind as to where you can see the plate# take a wide angle shot showing the distance between the two have a witness or ask if the judge would care to see the exact demonstration outside to see if your license is obstructed. Not sure if this will help! Real proof is the best. Photos are not always the best proof depends on angles.
 
5 tickets? What were the other 4 for? I've been a cop for 15 years and that even sounds like there is a little something more here than just an obstructed license plate to me.
 
Just like Maui to "forget" to mention the hit 'n run, the 130 mph multiple unit police chase through the downtown core, the fire fight behind the dealership, and the drugs stashed under seat.
 
**** Maui, I told you a R1 sticker on the Paris Dakar Busa would not work. Now the fuzz has DP's stash and the bike. Tell the judge the bike was left in your yard by a crazed tourist on a wicked Jim Beam buzz and take the fifth. And I don't mean the one under the seat. Good luck.
 
In San Diego, Ca. , it works like this: Arraignment > plea > not guilty. Choices: formal, or informal trial. Take formal, cop HAS to show up. Half the time, they don't show up. My last episode, I just happen to have camera under seat. I was waved over on a bogus stop sign beef. After some calm discussion, I let P.O. know I was going to take pictures. Stop sign area was over 100 yds away, view obstructed by parked cars, trees, poles, etc. I was on bike. Picture taken from both ends. Also, got a real estate map, to show distance. The court must have known about my evidence. My case called first, and even though cop was there, it was dismissed, no trial. Have beaten 4 of my 5 cases, in 6 years, got license renewal, (good record), no test required. ............. ...If court isn't rigged, it sounds like you have a good chance to beat case, with your picture. As in my case, cop wouldn't back off when I had camera, but going to court with evidence, called his bluff. It may be helpful, if you could get shop owner to go with you.................... ...By the way, what were the other 4 tickets for ? Nothing as dramatic as items mentioned in above posts, I hope.
 
any of you have any luck getting out of speeding tickets?? I got busted for doing 91 in a 65 in my truck! if it was my bike I wouldnt mind, but my truck.. no F'ing way! so the tropper dropped it to 85 for me. BUT I have heard that flying debris can affect the radar readings and the wind that day was gusting to over 35 mph... right now I have a weather report for that day and thats it, that and my perfect record which I will be sure to mention..
any tips????
hell I would be lucky if that thing will do 80 down hill!!!!!

thanks!!
 
Well I talked to a couple of my Cop friends today, They told me not to worry about it. One of them came right out and said, "you're not the kind of guy we look for". I'm hoping that was a compliment…He said it seemed like a very winnable case. All five tickets. He also asked me to find him after the case for a follow up.

So on the way home, I found the R-1 to be light, and very loose. It was not set up well for me. I'm sure this could be improved, but bottom line, I don't think this is what I want. The blue Busa I looked at, looks blue/ purple and light gray/white. I didn't like it. Black is always my first choice. I would love to see a red one in person.

I also saw another R-1 while at the zook shop that day, Repair job on the frame looked like a chimp did it. I don't know how guys can turn out work like that. It was done with a Mig, you could see how bad it was even after the guy tried to polish it out! I think I picked up a new client there.
 
JohnnyB???? How could u?

We fight tickets till our dying breath. A quick tip for radar speed tickets....ask for the calibrating and maintenance records for that gun. Amazing what you can find. Also the speedometer calibration is a great idea.

~BP
 
johnny b

A friend of mine just called me to say that the other cops don't even like this guy. He's stuck driving the cushman cause they won't let him have a car. I WILL NOT LAY DO ON THIS. But I can tell you that i'm gonna wait till after the trial before I ask him about the cushman deal. Around here, cops always stop to back each other up, well they don't back this guy up. Any way that's his problem.
 
Radar tickets hard to beat, even if the operator is full of it. What do you think your real speed was ? Any other cars around ? Avg. speed of any surrounding traffic ? Distance of you, and radar ? Radar unit stationary, or moving: what direction ? Depending on how trials are done in your locale, plead not guilty, formal trial. 50-50 chance cop won't show, and case would be dismissed. You may want to get your speedo calibrated, and have written proof of results.
 
I got railed yesterday by a traffic cop in a cushman. I was parking in front of da bike shop in town, He gave me 5 Tickets. Not one moving violation. His premise was that I had an obstructed license plate. He wiped out the insta-matic stood 3 feet behind the (R-1) and took a picture of the seat practically. This was his evidence. He told me that I'm not going to win so don't even bother trying. Then he put his camera away. As soon as he did that, I remember that I also had a digital camera with me. I took the same angel he had, but I backed up 10 feet. In the picture that I took, you could clearly make the tag. Well when he saw what I was doing, he kinda went down hill from there. The manager of the bike shop came out and watch about 90% of it.

My question is, what are my chances with challenging his evidence. Now before you lawmen roll into the blue shield thing, I already know you stand up for your own. I got no problem with that. But the guy had a serious hatred for bikes, it showed in his mannerism, and the store manager also confirmed this. Bottom line, unprofessional. If he was a pro, I'd take a lump on the head, no problem, But I'm not giving in cause he was an *** .

Bad enough, I had to get a ticket from a guy on a cushman (he musta had horsepower envy). At least it could have been a real car, or bike, or helicopter…

OK so I already know my shots blow his away. But what the catch fraise that will get the judge to tell the guy to reevaluate his career?
 
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