Got a ticket on bike, what to do? ... updated 12/14/09

[GZ250]

I do not know if this is the right place to ask but I have no one around to suggest something so I thought of this forum.

Last month I got a ticket just outside my community. It says going 42 on 25. no school zone. I have NO previous ticket or any violation. Clean driving history. I am sure I was not 42. Something like 35 or 38 could be ok as I do go sometimes over the limit.

The question is do I really need a lawyer or can I just go and ask for an excuse and will the judge excuse me because I have no history or there is something what they say "prayer for judgement". should I ask for that?

Can I argue that I was not going at 42 and ask for any evidence like if I was clocked and can they clock a bike easily?

[bonehead]

If there was another vehicle(car,truck, etc.) I would argue that the radar picked up the larger vehicle.

Other than that, I would ask for deferred adjucation(sp). Or simply fight it, it is your right. The officer has to prove you were going 42mph.

Good luck with it! :2tup:

[Easy Rider]

Originally Posted by GZ250

Last month I got a ticket just outside my community. It says going 42 on 25. no school zone. I have NO previous ticket or any violation. Clean driving history. I am sure I was not 42. Something like 35 or 38 could be ok as I do go sometimes over the limit.

I don't like the hassle of "alternatives" so I just pay the damn things. I might have a different attitude if I got more than one every 5 years or so. :roll:

My advice is to visit the Court Clerk's office a week or so BEFORE your court date and ask them what "usually" happens on first time tickets and what the alternatives are in your state. If there is a big jump in fines at the 15 over mark, you might plead it down to 39. Most states have some kind of alternative, to keep points off your license and the ticket off your record.....like attending "traffic school". In my state, it costs you MORE to do that and I think you can choose that option for a first time ticket without even seeing a judge.

Weigh the options that the clerk gives you. There is no guarantee that the Judge will agree to what you ask for but being respectful usually gets you a LOT. Being arguementative usually gets you a BIG kick in the ass......like maximum fine plus whatever else the Judge can pile on.

Unless you are in a state that piles on "civil penalties" too, making the fine something outrageous, a lawyer would probably cost you more than the fine. Having said that, however, I don't think I would actually make a court appearance without one.

[DrJimmy]

Plead Guilty with an explanation.... When you go in front of the judge admit you were probably going too fast and were not paying attention to the speed because your eyes were on the road. You feel you were going faster than you should have been but not that fast. He may reduce the fine. But the key thing is not to get the point son the lic... if makes you pay the full fine but no points....take the deal

[burkbuilds]

In Georgia, the mechanical automatic ticket stuff doesn't go on your record like it does if a cop pulls you over, so unless the fine is excessive most people here just pay it and move on. I think the main reason is that the authorities can't easily prove who was driving the automobile when it was ticketed so they just let you pay and it's over with. If you contest that you weren't the person driving your vehicle, then you are required to fill out a sworn affidavit and submit it saying who you let operate your vehicle at that time and then you have to agree to go to court and testify against that person as well. You might want to call the clerk's office and ask if that is also true in your state because if it is then it would almost always be less expensive to just pay the fine than paying for a lawyer to help you fight it. My daughter gets those things for running traffic signals just as the light changes and they never go on her record or to the insurance company or anything like that, they just want her money.

[Easy Rider]

Originally Posted by burkbuilds

In Georgia, the mechanical automatic ticket stuff doesn't go on your record like it does if a cop pulls you over,

I don't think he specified which kind it was.
I assumed "ticket by cop" since he didn't say otherwise.

[burkbuilds]

Yeah, I wasn't clear on that point either. Once years ago, about 20 I think, I got a ticket for going 88 in a 55 by a cop who pulled up behind me and rode my bumper for a while then pulled me over, no radar. Since it was more than 20 over the limit I had to go to court and I did take a lawyer. He talked to the judge about my previously spotless driving record and basically asked for mercy (I was guilty in this case) from the judge, and I was given mercy. I paid court costs and the lawyer and nothing went on my record. Amazingly, that's my only speeding ticket ever to date, knock on wood.

Just for clarity, GZ250, which was it, a cop that ticketed you or an automatic thing that just snapped a shot of your license plate? If it was the cop, did he use radar or just match your speed by following you?

[alantf]

Over here (and in England too) all they're interested in is getting your money. A couple of months ago I was fined €100 ($150?) for going 6mph over the limit. Both here & England they use hidden cars with radar & then send the ticket in the mail. In England, around 10 years ago, I was fined £60 & points on my licence for doing 45 in a 30 area. Thing is, the cop was hidden behind a tree with a radar gun. The safety experts have always argued that if the police were REALLY interested in road safety, rather than making as much money as they can, they would be out in the open, not hidden, so that people would see them & slow down. At one time, if you were not going DANGEROUSLY fast, the police would pull you over & give you a lecture, then let you go on your way - but not any more. I've also heard that over here the traffic cops get a bonus for every ticket they hand out, so it's in their interest to give out as many tickets as they can for minor infringements, & make more money for the state.

[dhgeyer]

The big issue for me is points on the license, as it will cost me more in insurance in the long run than the fine. The last moving violation I had was a speeding ticket on a motorcycle. That was in the Spring of 1968! My last at-fault accident was in 1963. I have a foolproof system for avoiding tickets: I drive/ride cautiously. Works every time. I won't say that I never go over the limit, but if I do it's not by much, and only because it would be dangerous not to when everyone else is going so much faster. But you'll never get a ticket for that, at least I've never heard of it.

My daughter got a ticket on the NY Thruway for 79 in a 65 zone. I had her plead not guilty by reason of mental incompetence. She's bipolar. Her condition is well documented, so providing evidence was easy. It worked, kind of. They plead down to a parking ticket. Probably not even legal, but the judge can do whatever he/she wants. Still cost me a hundred bucks, but saved points on her license and a whole lot on insurance.

Around these parts the discretion seems to be practiced mostly by the cops. Once you've gotten the ticket, it's going to cost you something.

If it was me and I was guilty, I'd just pay the money. If my insurance was going to be severely affected, I'd take a point reduction class. And then learn to slow down and smell the roses. Depending on your insurance company, a first offense may not hurt you too much, or maybe not at all. I would look into that with your agent.

[Water Warrior 2]

Just a little trivia here. Back in 1968 I paid an expensive lawyer to help save my license. He plead me down to 85 MPH in a 55 zone. Was I guilty? You bet. The LEO had his 440 Dodge cruiser topped out at 144 to catch me. Also got arrested and bailed myself out.