MANDATORY court appearance

[Kitdog]

So last night I was in downtown Albuquerque and looking for a place to park my horse to watch everyone cruising and look at and meet some lovely ladies , I had just come from an apartment down an extremely dark street so I had been driving with my high beams on. Well once on the main drag I had forgotten they were on. let me preface this, downtown is a 2 lane road, extremely bright, and on a Saturday night its bumper to bumper traffic for more than 2 miles moving at no more than 5MPH. So there I am looking for a spot to park and a police officer walks up to me and says "are your brights on?" I look down reply "oh sorry and promptly switch them off ". He then asks for my license and tells me to pull over, then asks for my insurance and registration, all I have and are good. He then says "well sorry that's a MANDATORY court appearance wait here while I fill out your citation" This whole time I'm thinking " so I have to go to COURT because I forgot I have my high beams on??? there isn't a ticket but it's MANDATORY court " The thing about this is, the police officer has to show up in court also probably earning them overtime, and the Albuquerque mayor has cut their pay on the first against their union's agreement because of budget shortfalls and I think I am being made to show up in court to pad this cops wallet .

[headshrink]

I don't know how the laws in New Mexico work, but that doesn't sound right to me. As far as the cops going to court, I believe here in CA it is just part of their work schedule, and scheduled around their vacations. If they are out to write tickets, they are probably planning to be in court. I'm no expert, but you may want to look into the details on this.... it would certainly be worth it if you don't have to take a day off work (lost wages) to deal with such nonsense.

[Kitdog]

I don't know, its just really stupid to me. Lucky to me I work as a teacher so I have the summer off. Just seems really silly that is MANDATORY court, just seems weird.

[Guinss]

Sounds unreal to go to court because of that. Unfortunately I am not making the laws where you live, so maybe the cop can do what he did. You should check up on the rules and then you got some knowledge about it so you can show up in court prepared(or for that matter, call in and tell them they cant take you to court). I mean, forgetting the high-beams on, it can happen to anyone..

[kkim]

Is this by law that makes it a mandatory court appearance or is it something determined by the officer??? ...ie, a box ticked on the citation/notation?

[HKr1]

Go to court for highbeams on?

Originally Posted by headshrink

I don't know how the laws in New Mexico work, but that doesn't sound right to me. As far as the cops going to court, I believe here in CA it is just part of their work schedule, and scheduled around their vacations. If they are out to write tickets, they are probably planning to be in court. I'm no expert, but you may want to look into the details on this.... it would certainly be worth it if you don't have to take a day off work (lost wages) to deal with such nonsense.

If you plead not guilty, they give you another court date. Then the cop has to show..... if he doesnt, they throw it out/dismissed

Oh, and if hes on vacation... he had better written that on the ticket.

[Kitdog]

Well the ticket has 3 boxes 1) penalty assessment, 2)court appearance, 3) Warning notice. The cop checked the court appearance box. I was looking online and the law says "if NO penalty assessment is set by the MVD then mandatory court appearance is required to determine fine" but I also found where the penalty for "REFUSING" to turn off high beams is $10.00. I also wonder if he wasn't irritated that I "have my sh!t together" I have my endorsement, my insurance, registration, So there was no big ticket to give me, unlike a lot of the kids riding around, I see more bikes towed because of no endorsement than anything else.

[ericdrum]

What a joke! I can't believe they give a crap about your high beams.

At any rate, my friend is a cop and he told me that court is part of his OT. He also told me that he writes less than 5 tickets a year. He lets the motorcycle cops handle the traffic stuff. He only hands out tickets to people without buckled up kids. Otherwise, you just get a lecture and he sends you on your way.

[g21-30]

Kit,

In many jurisdictions, the officers have scheduled court dates; therefore, all the tickets written will have that date for the appearance. So, this may or may not be overtime for the officer, just another day at work.

You shouldn't get yourself all worked up over the ticket, the MUST appear clause is just a way for you to tell your side of the story and possibly not be fined. You know, "Innocent until proven guilty!"

[WOWNinja]

here in Mizzou my friends and I ride with high beams on in night time... police are everywhere but they don't care as long you have your brain bucket on you're good!

good luck on your court appearance.

[Kitdog]

I don't know after talking with some friends last night after a few adult beverages I really find it kinda funny. I just can't believe that its a court appearance, it just seems like overkill over such a small thing. I really am kinda looking forward to this court date though because the judges expression should be funny and my defense is going to be that the law says "Refusing" to turn off high beams, and I didn't refuse at all I forgot they were on at all!!!

[g21-30]

Originally Posted by Kitdog

the law says "Refusing" to turn off high beams, and I didn't refuse at all I forgot they were on at all!!!

Print a copy of the applicable code and take it with you. If the officer fails to appear, you win. If the code says that you must "refuse" and you didn't, you will win. If you're well dressed, don't smart off to the judge, and state the facts, you stand a good chance of winning.

[Kitdog]

Originally Posted by g21-30

. If you're well dressed, don't smart off to the judge, and state the facts, you stand a good chance of winning.

Lol thats the key... I bet when he stopped me he thought "oh another punk kid with a sport bike" Didn't know I'm a licensed teacher who works with high risk elementary kids in a charter school.

[Perf_White_Gt]

just go to the court house and see if you can pay ticket / get some community service before hand...

...screw that cop and his overtime.

[headshrink]

Originally Posted by g21-30

Kit,

In many jurisdictions, the officers have scheduled court dates; therefore, all the tickets written will have that date for the appearance. So, this may or may not be overtime for the officer, just another day at work.

You shouldn't get yourself all worked up over the ticket, the MUST appear clause is just a way for you to tell your side of the story and possibly not be fined. You know, "Innocent until proven guilty!"

I haven't talked to someone who still believes in the system in a long time. It doesn't work around here..... but then again, the traffic judge here is married to the watch commander. Hmmmmmmm, conflict of interest anyone?

[Kitdog]

I don't know, I'm going to try to talk to some other police this week from that area, if they say it truly is a "Mandatory" court then I might just pay it, only a $10 fine. But if not then I'm taking it all the way, I see this as an abuse of power and being a social studies major I see this a major violation. I won't take it sitting down unless it really is a "mandatory" appearance. the fine is only $10 but there is no reason to have a ticket on my record because if I don't have to.

[Kitdog]

Originally Posted by headshrink

I haven't talked to someone who still believes in the system in a long time. It doesn't work around here.....

I kinda agree, where my parents live there is a HUGE speedtrap, basically what happens is the speed limit is 45, then drops to 40 for about 1/4 of a mile, and where do cops catch all the people speeding? they sit right by the sign and wait for the guy doing 50 in a 45 to cross into the 40 then fine him $160 for going 10mph over. Also a cop from there was recently arrested for smuggling an illegal alien over from Mexico in Tijuana. They act like they are above the law but really just the same as everyone else. The system is only as good as the workers.

[addy126]

Looks to me you were "text booked" profiled, so to speak.

[ally99]

Ouch! Sucks man. I ride w/ my brights on...on purpose. I've tested them, and they are not blindingly bright, and I rarely have anyone even notice enough to flash their brights at me...I mean VERY rarely. I'd rather be seen, and day or night, brighter lights may save me one day.
That's quite harsh. Yeah, sounds like he may be a Harley dude w/ a thing against sportbikers. LOL! J/K

[Kitdog]

Update... So I had my court date this morning, it went like this.

Judge "Did you have your High beams on?"
Me "yes I forgot they were on"
Judge "Why did you choose to come to court if you admit you had them on?"
Me "I didn't! The officer told me it was mandatory to come"
Judge looks at ticket.... turns to Officer "Why are you wasting the courts time? You are lucky I don't sight you for contempt, I am going to dismiss these charges and I hope to never have you choose to wast the courts time like this again officer or you will be held in contempt!"
Me "Thank you your Honor!!!"

Funny thing is the next Friday night this older biker guy I know who rides a turbo/nitrous Busa was giving this jerk cop (not the same one) grief for riding a Harley, the cop then issues him a ticket for improper parking, for parking to close to the curb there is no law for that!!! Parking more than like 18 inches away is a ticket but too close?!? He going to court to fight it, we took picks with our phones of how his truck was parked and every other car on the block too. lol the Albuquerque cops are getting out of control!

[kkim]

good for you on the ticket.

btw, are these the same cops that don't care about those blue neon lights while parked?

[Guinss]

Originally Posted by Kitdog

Judge looks at ticket.... turns to Officer "Why are you wasting the courts time? You are lucky I don't sight you for contempt, I am going to dismiss these charges and I hope to never have you choose to wast the courts time like this again officer or you will be held in contempt!"
Me "Thank you your Honor!!!"

Good thing the judge had some common sense. The cop was also wasting your time.
Good that it ended like this.

[Kitdog]

Originally Posted by kkim

good for you on the ticket.

btw, are these the same cops that don't care about those blue neon lights while parked?

You should see some of the light setups that low riders have on them!!! I have seen some that look like night clubs from the underneath of their cars flashing lights in sync with the beats!!! My solid blue lights are nothing!!! I saw a guy last Sunday that was driving an old 70's Monte Carlo with hydrolics on it with a tv at least 50" flat screen for his back seat!!! I don;t even have a TV that big in my house!!!

[00NissanNinja]

Originally Posted by Kitdog

Update... So I had my court date this morning, it went like this.

Judge "Did you have your High beams on?"
Me "yes I forgot they were on"
Judge "Why did you choose to come to court if you admit you had them on?"
Me "I didn't! The officer told me it was mandatory to come"
Judge looks at ticket.... turns to Officer "Why are you wasting the courts time? You are lucky I don't sight you for contempt, I am going to dismiss these charges and I hope to never have you choose to wast the courts time like this again officer or you will be held in contempt!"
Me "Thank you your Honor!!!"

Nice yeah that seemed like a big waste of time for you and the court. I would have punished the cop anyways.

[headshrink]

Originally Posted by 00NissanNinja

I would have punished the cop anyways.

I would order him given a "swirly."

[Blackwidow]

glad things worked out for you! i would have died laughing if i heard the judge say that...GO JUDGE!!!! lol

I see a lot of MC with their high beams on, its a safety thing i guess for them here in LA. I guess the rules are different in your state.

[headshrink]

Originally Posted by Blackwidow

glad things worked out for you! i would have died laughing if i heard the judge say that...GO JUDGE!!!! lol

I see a lot of MC with their high beams on, its a safety thing i guess for them here in LA. I guess the rules are different in your state.

I would be careful about a public cheer during court, in case the judge doesn't have a sense of humor, but you know I would be cheering inside!

You could always put a headlight modulator on, and it would be a moot point in all 50 states.... at least in the daytime.

[Blackwidow]

ya you're right, but i wouldn't be able to wipe the smirk off my face

thanks! i'll look into that

[revstriker]

Thanks for the update. Glad to hear you got out of the ticket, and that you ended up with a judge who has common sense.

Originally Posted by headshrink

You could always put a headlight modulator on, and it would be a moot point in all 50 states.... at least in the daytime.

Good suggestion. Around here, I ride with my hi beams on during the day all the time (w/o a modulator) and have never had an issue. I turn them off at night though.

[CZroe]

In San Diego, it's mandatory that you touch the curb with your rear tire when parallel parking a motorcycle. cars have to chock their wheels against the curb on any notable incline.

Yes, San Diego isn't even in the same state, but it should show how ridiculous the "too close" argument is when other jurisdictions REQUIRE contact at all times for a motorcycle and often for 4-wheel vehicles.