June 23rd, 2011, 11:03 PM | #1 |
ninjette.org member
Name: Shawn
Location: Portland, OR
Join Date: Apr 2011 Motorcycle(s): 2008 Ninja 250r Posts: 30
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Can I fight this ticket?
I haven't gotten a speeding ticket in about ten years. The other day I'm headed down the interstate on my ninjette and a Washington State Patrol officer pulls me over. The officer gave me a ticket for doing 67 in a 60. He said, and I quote, "Anytime I see speed, I have to ticket." He then lectured me a little on the dangers of motorcycling. This seems a little unbelievable to me, I didnt even bother arguing at the time I was so shocked. Now that I reflect on it, I'm wondering if my ninjette's speedometer is even accurate within five miles an hour?
I would like to fight this ticket if possible. The alternative is paying a $90+ fine and taking a safe driving class as part of a deferment program (a major ass pain).
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2008 Ninja 250r: Pazzo levers, Yoshimura full SS exhaust and hanger, Galfer SS brake lines, DynoJet kit, Flush mount turn signals, Yoshimura fender eliminator, RK X-ring racing chain, OEM seat cowl |
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June 23rd, 2011, 11:06 PM | #2 |
Join Date: Nov 2008 Posts: Too much.
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ninjette's speedos are typically 10% optimistic.
http://www.ninjette.org/wiki/Why_is_...eally_going%3F |
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June 23rd, 2011, 11:08 PM | #3 |
There's a limit to s2pdty
Name: A.D.
Location: NoVa the burg
Join Date: Apr 2011 Motorcycle(s): 250r ninja (sold) Posts: A lot.
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WOW o.o!!!!!! you're doing 67 and I believe that our ninja is off 5mph(GPS speedo), technically you're doing 62???
Did he tell you what speed you were going? Anyway if I were you I would fight that, maybe he's just after you cause you're a motorcyclist. Also at court ask for the proof that you were speeding, cause I'm pretty sure 2mph would not get you in trouble. oops -.- he gave you 67... mah bad. brain not working Last futzed with by kaiserz; June 24th, 2011 at 06:20 AM. |
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June 24th, 2011, 12:01 AM | #4 |
Dakine...
Name: AJ
Location: DFW
Join Date: Jun 2011 Motorcycle(s): 2009 Ninja 250R (Sold) | 636 (hopefully soon) Posts: A lot.
Blog Entries: 5
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if the cop dont show u proof, u can deff. fight it..and possibly win...i have friends who fought it and won because lack of evidence
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June 24th, 2011, 01:45 AM | #5 |
vampire
Name: A
Location: IT
Join Date: Feb 2011 Motorcycle(s): 2 many 2 list Posts: A lot.
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I haven't had a ticket in nearly 10yrs also, I'd go to court for every ticket other than parking.
Judge is likely to let you off with a fine but without points from moving violation, witch can affect your insurance premium. You will have to pay the fine & court cost. They want your money regardless, if not, the cop would have given you some non-moving violation ticket like riding with your hi-beam on. If you have to take a class to avoid points, I'd do it. |
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June 24th, 2011, 05:04 AM | #6 | |
ninjette.org member
Name: Jason
Location: Hamilton
Join Date: Aug 2010 Motorcycle(s): Blue 2010 Kawasaki Ninja 250r Posts: 170
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June 24th, 2011, 05:12 AM | #7 |
ninjette.org certified postwhore
Name: Sean
Location: Mary Esther, FL
Join Date: Jan 2009 Motorcycle(s): 2008 Ninja 250 1998 HD Road King Posts: A lot.
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If he got you at 67 your speedo would have been indicating over 70. Do you remember if it was over?
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June 24th, 2011, 05:43 AM | #8 |
ninjette.org member
Name: Jeremy
Location: The ATL
Join Date: Mar 2011 Motorcycle(s): 2010 two-fiddy (red) Posts: 81
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Geez, I'm pretty sure that in Georgia there isn't even a fine for going anything under 10 over the limit.
Thats a prick cop and he does not have to right you a ticket. Thats BS. He's supposed to use his own judgement and discretion. |
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June 24th, 2011, 05:47 AM | #9 | |
That rider dude.
Name: Eric
Location: Orlando, Fl.
Join Date: Apr 2011 Motorcycle(s): 2011 White Ninja 250 SE. Posts: A lot.
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As for the OP, you could probably win the case. On the ticket is the speed you were doing written? If so, find some actual facts about how the speedometer is 5 mph off, and bring it to the case. Hell, if your lucky, maybe the cop wont even show up to present his case. (It happens). Good luck though. |
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June 24th, 2011, 05:54 AM | #10 |
nooblet
Name: P
Location: Chicago
Join Date: May 2011 Motorcycle(s): 1994 ex250 Posts: 47
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I don’t see how the Ninja’s optimistic speedometer is going to help. If he was clocked at 67mph, then his speedo was probably reading ~73mph at the time. That would hurt his case. I don’t think you could fight it, at least not with the information provided here
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June 24th, 2011, 05:56 AM | #11 |
ninjette.org member
Name: John
Location: Grand Rapids, Mi
Join Date: Apr 2011 Motorcycle(s): 2010 Ninja 250r Blue Posts: 63
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Any speed over the LEGAL limit is breaking the speed limit even if its 1 mph over. Police have the right to pull you over if they see fit as you are technically breaking the law. Most police don't pull you over for 5 over as there is no point and you are going with the flow of traffic. Now going 10+ over is pushing it and depends on area. Now it sounds like you got a a--hole cop and I'm from WA originally and there are some a--hole cops especially towards Grays Harbor County.
You can fight the ticket and usually the officer doesn't show up but there are those who will. |
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June 24th, 2011, 06:08 AM | #12 | |
That rider dude.
Name: Eric
Location: Orlando, Fl.
Join Date: Apr 2011 Motorcycle(s): 2011 White Ninja 250 SE. Posts: A lot.
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Do you know if you were near any cars?? One or several? What kind? Ect? |
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June 24th, 2011, 06:21 AM | #13 | |
Sexy Beast
Name: Mat
Location: Tampa
Join Date: Mar 2011 Motorcycle(s): 2010 Ninja 250R, 2006 ZX-14, 2012 Ducati Monster Posts: A lot.
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June 24th, 2011, 06:31 AM | #14 | |
ninjette.org guru
Name: Steve
Location: DFW
Join Date: Apr 2011 Motorcycle(s): 2010 Ninja 250R Posts: 294
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Quote:
I would know, as my major is in criminal justice, I was a police explorer for 4 years, I've done countless police ride-alongs, I work as a Paramedic meaning I interact with police daily, AND I take an interest in such things. Depending on how your state sets up traffic citations (Some see it as criminal, some as other), the state has to meet its burden of proof. That's often why if an officer doesn't show up, it can be tossed out, as typically that's the states only witness. Also, they have to prove that the gun has been calibrated recently, and/or the officer went through the training class, and/or the radar wasn't in POP mode, which per manufacturers manuals, POP is to not be used for citations. Or you could always ask for leniency, or if your state allows, a defensive drivers course to drop the ticket... or kidnap/blackmail the judge. |
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June 24th, 2011, 06:45 AM | #15 |
There's a limit to s2pdty
Name: A.D.
Location: NoVa the burg
Join Date: Apr 2011 Motorcycle(s): 250r ninja (sold) Posts: A lot.
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Okay here's the deal, If he clocked you in at 67, then he did, you're guilty until proven innocent. If you want to fight that, there's a small chance that you'll win, cause I've only been pulled over once, LEO told me I was going 19 over the limit, but he wrote it down that I was going 23, I fought it, told the judge that I wasn't aware that I was speeding, no excuses, no BS and asked If the radar or whatever equipment the LEO was using was accurate, LEO didn't have anything with him as proof, judge told me to go and don't speed again.
*Don't tell them that the ninja has a faulty speedometer that reads HIGHER speed instead of lower, If it's the other way around you can take that to court, but the speedometer thing is against us. so don't even mention it, its gonna make you look worst. *If the LEO doesn't show up to court you're free to go (there's like a 1% chance this will happen) *If LEO doesn't have any evidence that you were going that speed, you're free to go (usually newbie LEO's doesn't have any evidence/papers they'll just BS the speed ticket so they can get as many as they can and meet their quota and expect you to just pay. If you think that officer's a newbie fight it. but then again he's a state trooper) *You can ask a request to change the court date, (Increasing your probability that the LEO won't show up, heck I heard you can even do this 2 - 3 times. ) *You can ask to transfer your case to a different court location/ town/ county.(Again this will increase your probability that the LEO won't show up) Good Luck. If I were in your position I'll fight it, cause first you didn't say anything that he can use against you. and second you were on an interstate where they usually go 10 - 20 over or they're dead meat. |
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June 24th, 2011, 06:47 AM | #16 | |
There's a limit to s2pdty
Name: A.D.
Location: NoVa the burg
Join Date: Apr 2011 Motorcycle(s): 250r ninja (sold) Posts: A lot.
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June 24th, 2011, 07:31 AM | #17 |
CVMA #74 WSMC #750
Name: Nemesis
Location: On the track
Join Date: Oct 2009 Motorcycle(s): All of them Posts: A lot.
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Didn't read everyone's comments but yes I would fight that especially if he made such a comment. It's not illegal to go over the speed limit so long as the conditions are safe to do so.
I went 10mph over the speed limit, cop radar'd me and made a comment "It's like a video game, I point and shoot and ticket." I fought ticket via TBD. I painted a clear picture of where the ticket took place and explained my argument thoroughly for dismissal. And I won. So yes I suggest you fight the ticket either in person or TBD, but I'd suggest TBD. |
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June 24th, 2011, 10:29 AM | #18 |
ninjette.org member
Name: justin
Location: Odessa
Join Date: May 2011 Motorcycle(s): 2009 blue ninja 250r Posts: 223
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Best thing to do is call the police dep and ask whenthw officer who gave u the ticket is off duty and when his hours are. Try to get a court date when he is off from work, most of the time he will not show and u win the case. Work in many places
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If you’re going to lead, then lead. If you’re going to follow, get the hell out of my way! |
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June 24th, 2011, 11:02 AM | #19 | |
ninjette.org certified postwhore
Name: Joe
Location: Buffalo NY
Join Date: Jan 2009 Motorcycle(s): 08 Ninja 250 "Wasabi", 82 Yamaha xj650j Posts: A lot.
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Quote:
Spot on. I got off on a ticket because they couldnt obtain a recent enough calibration record on the gun used. A few years later I was pulled over by an officer that judged my speed while he was driving in on coming traffic! I noticed there wasnt a description of a model used on the ticket. I pointed that out in court and was let off. He judged my speed visually...while driving in the opposite direction....Give me a break!! He was tailgating another vehicle too.
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June 24th, 2011, 11:09 AM | #20 |
Join Date: Nov 2008 Posts: Too much.
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I never said it would help. I was merely stating a fact about the speedometer.
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June 24th, 2011, 11:15 AM | #21 |
ninjette.org Monkey Spank
Name: Kevin
Location: Illinois
Join Date: Apr 2009 Motorcycle(s): 2008 250R Track-Bike Woodcraft clip-ons and rearsets FZ-6 track bike Posts: A lot.
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Black 250R Full Area P QC Dyno Jet Kit 100 main 41T Rear Sprocket |
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June 24th, 2011, 11:16 AM | #22 |
ninjette.org Monkey Spank
Name: Kevin
Location: Illinois
Join Date: Apr 2009 Motorcycle(s): 2008 250R Track-Bike Woodcraft clip-ons and rearsets FZ-6 track bike Posts: A lot.
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In Illinois they dont have to show you.
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Black 250R Full Area P QC Dyno Jet Kit 100 main 41T Rear Sprocket |
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June 25th, 2011, 06:21 AM | #23 |
ninjette.org certified postwhore
Name: D
Location: Palm Beach, FL
Join Date: Oct 2010 Motorcycle(s): 2006 Ninja 250R, 2007 EFI Ninja 250R Posts: A lot.
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Whether to fight the ticket or not, really depends on the laws in your state. We can all tell you how it works in OUR state, but your mileage may vary.
I know that in most states, a speeding ticket is an infraction. Despite what you may have heard on TV and such, in traffic court, you are guilty until proven innocent. Speeding is not a true crime and you have no real rights other than what the state grants you. The judge will assume that you are lying. So if you go to court, you need an angle to prove that you are not guilty. If the cop is there, his word is all the judge needs to prove that you were speeding. If you want to lose, refer to the cop as "Barney", call him a liar or say "I might have been speeding a little, but not that much". The cop sees the judge all the time and probably goes to his parties. Saying you were speeding is an admission of guilt. If you already said that to the cop, you are screwed because his memory of the events is treated as absolute fact. Instead, use words and phrases like "misunderstood", "false reading on the equipment", etc. I know in Florida, you can plead "No Contest" to a speeding ticket and usually will get court costs and no points and no school. Court costs vary state to state. As a side note, you mentioned that driving school was an option. I'm wondering how that applies to bikers. And I'm wondering if they train those people to look for bikers before they change lanes and other watchforbiker things. I've never gone to one of those, but I'd love to know what the course outline is. |
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June 25th, 2011, 08:04 AM | #24 |
ninjette.org sage
Name: john
Location: Palm Beach County, Fl Sligo County, Eire
Join Date: Dec 2010 Motorcycle(s): 2005 ninja 250 street fighter, 2008 street fighter ninja 500, 2001 nsr 125 Posts: 812
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Always fight speeding tickets under 10mph, especially if you get a bike lecture. The officer profiled you beforehand and still pulled you over. Illegal in all states. Tell the judge you Never go over 10mph of the limit even on a bike, that's why with speedo error officer got 67. Even if copper is there the judge rules and he'll have speeders in there going alot faster than you did.
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August 26th, 2011, 07:52 AM | #25 |
Blue Shell magnet
Name: Nolan
Location: Northwest Washington
Join Date: Aug 2011 Motorcycle(s): 1997 Ninja 250 Posts: 816
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August 26th, 2011, 09:04 AM | #26 |
ninjette.org certified postwhore
Name: Bobbert
Location: Russell Springs, KY
Join Date: Jul 2011 Motorcycle(s): 2006 Ninja 250R Posts: A lot.
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Lots of states are strapped for money and one way to generate revenue is to increase tickets.
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