You Were Observed Speeding

S

super851

Registered
Okay here's the facts:

2 mile straight 6 bikes and 1 Busa, take a good look around then all of us did a high speed run.
No bird in the sky, no car sitting anywhere on this straight.
Busa bike 1, 60 yards back Suzuki 04 750, 100 yards back 01 honda 929 and 25 yards back 01 F4i.
The other 3 bikes are at least a 1/2 mile back.
Got of the freeway, pulled into the gas station and about 5 mins later CHP pulls in and tells us to take off the cans and don't start the bikes, asked for lic, reg, ins from 4 of the bikes (the ones in the front). He then started telling us how he could tow our bikes and arrest us. After he wrote the tickets he called us one at a time and asked us to bring our bike. He told each one of us that we were observed speeding and we made a quick lane change, he apologize for his attitude and explained that he came across that way because it was 4 to 1. He also let us know that he rides as well (R1). Told us that he is going to write us for 75+ in a 65 zone, informed us that we will be able to go to school for this and if we try to fight it we will tell the judge our true speed. Here are my questions:

1) At no time did he say that he saw us speeding he used the term "Observed"
2) With the bikes spread out the way that they were how in the world could he get a speed on the 4 bikes he cited?
3) The 3 bikes that were in the back said that he came from at least a mile behind them (only on ramp) so how could the officer who wrote the ticket can say how fast we were going?
4) Can he Amend to the ticket once we are in court?
5) If there was another officer doesn't that officer's name have to appear on the ticket?
6) Should we go to school or fight?

Thanks for any and all advice.
 
Busted!
He went easy on you!
Go to School!
1) At no time did he say that he saw us speeding he used the term "Observed" = what's the difference?
2) With the bikes spread out the way that they were how in the world could he get a speed on the 4 bikes he cited? = he couldn't, that why he only went 10 over, he went easy on you.
3) The 3 bikes that were in the back said that he came from at least a mile behind them (only on ramp) so how could the officer who wrote the ticket can say how fast we were going? = he can't, but I'll bet you were going way over 10mph over the speed limit.
4) Can he Amend to the ticket once we are in court?= ?
5) If there was another officer doesn't that officer's name have to appear on the ticket? = no.
6) Should we go to school or fight? = school.
If it took him 5 minutes to catch up with you, are you crazy, you where flying. Oh and he rides an R1, I think he has a clue.
Greg, you got nailed, don't push it  
wow.gif
 
id say go to school or get a good lawyer. you wont get out of it by yourselves. you were speeding and the officer might really have cut y'all a break. he might know more than you think and not told you everything and if you go to court he'll spill it to the judge and you could be caught sitting in the courtroom looking dumb. just my .02 take it fwiw.
 
(super851 @ Nov. 09 2006,01:44) 4) Can he Amend to the ticket once we are in court?
Click to expand...
Yup. Take traffic school.

For future reference, whenever you get pulled over, ask him where he was when he "observed" you committing the offense. Do it jokingly, if you can. "Jeez, officer. I never even saw you! Where on earth were you at?!"

If they refuse to answer, your ATTORNEY can likely use it as an obstruction of discovery and get it thrown out of court.

--Wag--
 
Geez  OK here we go again.  You admitted you were speeding.   That is the first problem you have to moralize your way into or out of.

However this bust is wrong at so many levels if this happened as you describe.  Lets see the cop is taking a guess at the speed.  He pulls up on 5 stationary bikes and cites them for speeding "somewhere back there",  the cop has already told you that the evidence he will present will not match what is on the ticket.  That document (the citation) he wrote you, is a legal accusation against you that is supposed to reflect the legal facts of the accusation.  It is in effect a suit filed against you.  It better be accurate or its an invalid accusation.  If there is more than one cop involved in the bust, yes they both have to stand up to scrutiny in court.

I tend to concur with mymaster a bit more than you may want to hear.  The cop, while probably not able to prove his case, but can PROBABLY convince the judge he cut you guys a break.    10 miles over the limit was most likely the biggest favor you have been given here.  Sure it is beatable based on what you have presented here.  But you already know he cut you a pretty good deal as it stands now, and you already know you were speeding.  To beat it would take a LOT of effort and coordination by all the riders involved etc.  Go to school, then get a good radar detector.
 
hmmmm. i gotta say thats kinda wierd to pull up that much after the fact and start giving you tickets..... If you were observed speeding then by who? Acitizen that called yall in? and then he ran into yall at the gas station. Im a police officer and i gotta say..... either your not telling the truth or he bullshi!!ing you. one or the other. I dont think that they would ammed the charge to a higher more serious offense, ive never seen it done.
Did he ever tell you how fast you were really going. Im serious there has gotta be more to this story than im reading. Normally if i lose sight of the offender in a situation like this i stop pursuing it because the likely hood of writing the ticket to the wrong person exist. unless i can get a partial plate # or some sort of identifying mark or characteristic.
 
Always fight a ticket. It doesn't matter it you were or were not speeding. The points system is a scam designed to increase the revenue base of the municipallities and the insurance companies.
 
(super851 @ Nov. 09 2006,03:44) 3) The 3 bikes that were in the back said that he came from at least a mile behind them (only on ramp) so how could the officer who wrote the ticket can say how fast we were going?
Click to expand...
He can't. But here's the thing. Your buddies say he was a mile behind them. Honestly, how well can you judge a vehicles distance from you if you happen to catch it in your mirror and its a mile away?
rock.gif


Also, you say you was a 1/2 mile ahead of them. They say they were a mile ahead of him. That places you at least a mile and a half ahead of him. Get in your vehicle, reset the "trip" setting on your odometer, mark where you're at, and drive a mile and a half. Get out and take a look back to where you began your trip. Keep in mind you are trying to see a motorcycle from that distance. Not a truck or even a car ... a motorcycle.

My point is this. He saw you and your buddies saw him. That leads me to believe he was a lot closer than you may believe. And if he can see you, his dash-cam would more than likely be able to as well. If a picture is worth a thousand words, imagine how powerful a video can be.
wink.gif


My advice would be to take it to court and hope he doesn't show or to get a ticket attorney and let him/her represent you. All in all, I don't see you getting off the hook for free (unless he doesn't show).

Good luck!
 
Based upon the speeds he had to travel to close upon/catch you that might be used as a judgement of speed. Judges also probably know that the police will give breaks on tickets (unless he's a blooming idiot) and still side with the officer.
(Unfortunately all this knowledge comes as first hand experince.)
Traffic School.
 
Also remember that they have the dreaded scape goat of a charge which is (exceeding a safe speed) at least in NC. With this they dont have to clock your speed, though he charged you with 10 over it does sound like you were given a break. Look at it from his point of view, maybe it was his Sargent/boss that observed you speeding and was told to issue tickets. He may not have had a choice in citing you??
 
(BusaWhipped @ Nov. 09 2006,03:08) Always fight a ticket. It doesn't matter it you were or were not speeding. The points system is a scam designed to increase the revenue base of the municipallities and the insurance companies.
Click to expand...
Can you always fight a ticket? That IS your right.

But, telling someone to always fight a ticket is like telling someone never to admit they did something wrong, even if it was their fault.

The points system IMO was set in place to finally start getting habitual offenders off the street, and make them drive a little more responsible. If they don't, they loose their license. If they're caught driving on a suspended license, they go to jail.

I've said it again. The easiest way to avoid getting a ticket is to obey the traffic laws. They weren't put in place to "increase the revenue" for municipalities; they were put in place to help keep the streets safer for people to use.
 
like the officer said, you had him 4 to 1, why did you ever give him a chance to write the tickets?
guns.gif




j/k...take the invite to go to school
 
A cop can write a ticket for anything they want at any time or situation they want. The system depends on the officer to make good judgment calls. That does not always happen.

There are five of you with the same ticket comitting the same offence at the same time. Here is my advice to remedy the situation.

Find yourself a "Traffic Only" attorney with a good track record for getting tickets dismissed. Any Traffic Attorney worth his weight in salt will have a 95% win ratio. All five of you go in together on the fee. The attorney will only have to try one case so it should be no more than a hundred bucks each?

If the situation is as you explained, I don't think you'll have any problem getting it dismissed. It's always best to get an attorney and get your tickets dismissed even though it cost more than the ticket. A clean record can be a great benifit in some situations.

Here is a bit of advise I can give to some of you who may not know. The less you say when you get pulled over the better off you are. The more you chat with the officer the harder it is for your attorney to get you out of it. The best answer to any questions you are ask is "I don't know". The only requirement you have is to properly identify yourself and when you hand him your license, that fulfills that requirement. Be courteous and don't get mouthy with the cop. Judges don't like that. Find yourself a good attorney in advance and have his/her name on file for use in a pinch. Starting early will allow you to get references from past cases etc. and learn just how successful an attorney is in court. You can trust me on this one "Some attorney's are almost worthless in court".

Good Luck on your tickets.
 
Your admittedly guiltier than charged....and got off easy.
He's in a "hazy" area of the law....but got 4 tickets with one swing.
Its a draw.
Ask yourself if your willing to risk a loss in order to gain a partial victory.

FYI: The cop that stopped you is a regular at BARF. You probably shouldn't post this there.
wink.gif
 
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