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

[alanmcorcoran]

Re the lawyers: I don't have specific experience with North Carolina (although I did get a speeding in Georgia [guy had a cash register in his cruiser, another strange story for another time]) but be careful about lawyer promises. There is no doubt that a lawyer can help you avoid making mistakes - they have a ton of experience and you have practically none. That being said, it doesn't mean that they can guarantee they will get you off. I strongly recommend good legal representation when you have serious trouble, like a DUI or an accident with injuries or significant property damage.

I'm not sure you really want to go that route for what seems like a routine speeding ticket.

Also, sometimes lawyering up can backfire. I had some minor work permit trouble with Canadian Customs a few years back and tried to get it resolved with a high powered attorney at the firm I was going to do the work at, and, I guess the guy was a little heavy handed, pissed off the Customs people, and I was nearly deported and banned from Canada for life. (I ate some shit, and paid a $200 "fee" and they "made an exception" for me.) I don't know how often this happens in traffic court, but small town judges can range from Andy Griffith to Deliverance (you never know what you're gonna get.) If you have the traffic school option, I'd just pay it, go to school and move on.

The one time I did lawyer up for a (somewhat serious) traffic problem, I had a nice judge and an excellent lawyer (former DA) who got all of the charges dropped in court BUT THE DMV STILL suspended my license, fined me and put the incident and points on my driving record. (This was in the seventies in New York where the Department of Motor Vehicles and the local county court system are/were apparently two separate systems and my lawyer told me he could not help me with the DMV.) I don't think this situation would ever apply to a simple traffic citation, but if you have a DUI or driving with no insurance or vehicular manslaughter or something like that, there may be criminal, civil and DMV actions that have to each be deal with separately.

BTW, one of my California tickets was for not stopping for a stop sign I *had* stopped for. I had stopped before the guy was looking. It was two blocks from my driveway and adjacent to a high school and had bad visibility because of parked cars. I ALWAYS stopped at it because of the kids and the visibility. What he saw was my tentative rollout/takeoff AFTER I had stopped. But the LEO was adamant, wouldn't admit he might have made a mistake, and it seemed clear he was going to write as many tickets as he could on his shift. I didn't think he'd be any less sure of himself when he was in court.

I'm no angel when it comes to speeding on 4 lane roads out in the middle of nowhere (which I've gotten plenty of tickets for), but a good portion of my citations have been arbitrary, erroneous or just flat out fund raisers. Many jurisdictions in California do not see the inherent conflict of interest in evaluating officers based on the number of citations written and the resultant preying upon undermines any respect the public might have had. I am very much in favor of keeping reckless and drunk drivers off the road and you will never catch me speeding in a residential area. I don't see the value to society in parking an expensive cruiser with an expensive officer in it in the middle of the night out in the middle of the desert behind an overpass to nowhere where they can pull over virtually everyone for doing 85 in a 70. Oh wait, I do see the value: it's about $300 bucks.

[GZ250]

Easy, you are right we cannot be sure of speed if we are not watching that needle and 25mph is a very slow speed for todays machines but there is always a cut off where you as a driver can feel that now its fast. I admit I go over 25 on that road around 30-35. There is school and it was around 3:30 pm that is why I said no way 42.

anyway, I will go alone and I am not planning to hire a lawyer. Will inform what happend after 14 Dec. Thanks

[Easy Rider]

Originally Posted by GZ250

anyway, I will go alone and I am not planning to hire a lawyer. Will inform what happend after 14 Dec. Thanks

SIGH!

You haven't been listening carefully, have you ??

If by "going alone", you mean going before a judge.....by yourself....that could turn out to be a mistake. Nothing earth shattering probably but a mistake none-the-less.

In some jurisdictions, just "wasting" the courts time will take some of the otherwise available (and more attractive) options OFF THE TABLE.

Since you have no previous experience with a speeding ticket.....much less being the defendant in a court proceeding.........please, PLEASE visit the court clerk for some advice. In most places, they are really nice people who really want to help you keep from making a bad choice.

The Judge may not be so nice. If the officer is there to testify, it is possible that the STOP sign will come up in the conversation. The Judge has the power to turn THAT into a real ticket too.

Bottom line: You will be taking a BIG gamble. I hope it turns out OK.

[Sarris]

Are you shittin' me??? Quit moaning and pay the ticket.

It's the cost of doing biz in the motorcycle world. Move on.

:skull:

[GZ250]

with all due respect to everyone and all the suggestions, First I will go to the Court clerk first thing next monday and will see what happens and how things turn out. I will update on Moday and than I will go alone on the court date.

No moaning and yes moving on. Its not the motorcycle world, In any world you get tickets but to be well informed and use all the available tools is not moaning.

Thanks

[Easy Rider]

Originally Posted by GZ250

I will update on Moday and than I will go alone on the court date.

OK, so THERE is the problem.

Maybe it's just a misunderstanding but in all your posts, it seems that you are dead set on making an in-person appearance before the Judge.
You DO know that is not necessary, don't you ??

And if you elect one of the options that does not require a court appearance you MUST do that BEFORE the court date.

You should NOT be making that decision before you talk to the Clerk's office.

Only a TINY fraction of people getting traffic tickets actually appear in court. There is a good reason for that; it is usually a waste of time.

[GZ250]

yes i know that if i want to plead guilty i can sign that paper and send the money with that to the court but i do not want to PLAINLY plead guilty and pay the money and in turn they put points on my license. Going alone is one option, lawyer another and as said it is not the guarantee. and as I do not have a bad record so I can take my chances and go alone and if not argue (even politely) ask for forgiveness (hands clapsed) that I am sorry and I have no previous record and keep praying inside my heart.

The question is if I ask for forgiveness (pray for justice), means I am pleading guilty or not and can at the same time suggest that may be the police office was not accurate in judgement?

[bonehead]

Heck, go to court and if the officer isn't there, plead not guilty.

[Easy Rider]

Originally Posted by GZ250

The question is if I ask for forgiveness (pray for justice), means I am pleading guilty or not and can at the same time suggest that may be the police office was not accurate in judgement?

There is something to be said for the educational value of a new "adventure". It appears that you are about to embark on an adventure of sorts.

Several of us have advised you that actually appearing in court is probably NOT the best option but it is absolutely your choice whether or not to take that advice. In a TINY percentage of cases it turns out better; in most, you turn out even or worse off. Apparently you need to find that out for yourself. If the officer doesn't show up, that's just luck.

Good luck and please do keep us posted.

[dannylightning]

if you go to court the ticket will usually be cheaper, tell the judge how fast you think you were going, ask when the last time the radar gun got calibrated and how do they know it was accurate, and say sorry if i was going a little fast but its kind of hard to keep my eye on the speedo all the time, i got to keep my eye out for road hazzards and bad drivers but last time i glanced down i was going right about the speed limit, and that was right before i got pulled over so i am pretty sure i was not speeding ,

that is my advice.

if the police officer is not there to back up his case the case usually gets thrown out.

i should also mention, i always go to cournt when i can, tickets have always costed less for me, i callled in and the ticket would have cost me about 200 some bucks, i went to court, cus there was a tree growing over the speed limit sign where i got pulled over and you can not see it till you got right up on it so stated my story and the judge hit his hammer and goes 30 dolor fine plus court fees. and the ticket cost me around 80 bucks instead of the 200 the told me when i called to pay it.

he said since i thought the speed limit was 35 and i was going 40 in a 25 i still get a ticket but i i would have been going 35 he would have thrown it out. and i was going 40mph.