ok i wrecked my bike and got a ticket.

ticket has checked- driving at safe speed (BOX 24)
his hand writen notes:
DEF DID DRIVE A VEHICLE AT A SPEED GREATER THAN IS REASONABLE THAT WOULD PERMIT THE DEF TO BRING HIS VEHICLE TO A STOP; TO WIT DEF CAUSED A ONE VEHICLE COLLISION (BOX 25)

box 61 remarks/subpoena list
his hand writen notes:
BLOCK #25 AFTER FAILING TO STOP FOR A DEER THAT RAN OUT ON THE ROADWAY.



question one is there any points with this?


he also messed up my ticket. he said i had an 06 636-i have an 05 636/said my bike was black-mine is silver/titanium

question 2 is this grounds for dismisal?


The ticket itself only came to $76.50. Money isnt the reason i want to fight it. Insurance is. If it dont affect my insurance, then i dont care about question 2. If it will affect my ins. and the answer to question 2 is yes (i can get it dismissed) then i will fight it. I dont want to miss a day of work if im gonna have no chance.


any info would be great. *cough* DevilGirl *cough*

 

Ok babe gotcha!

what was the ticket for? Fail to Avoid Collision/Accident? I kind of need to know. And WERE you doing the speed limit. Is this your first violation? Have you had other violations in the past 5 years?
The only way its going to affect your insurance is it will show that you had an accident. However in some states you can plead no contest which doesn't mean your guilty and it doesn't mean your not guilty....you still pay the penalty....you CAN see if the Judge will do a "reserve Judgement" on the ticket (especially if your record is clean) and if you don't have another violation like this one in the next YEAR it just goes away. Then again you can try to get driving school or probation....again gotta have a clean record. Ok so hit me with the facts and I"ll let ya know....If you have a statute number that would be great so I can do some legal research...and possibly find a defense/loop hole. (I was pre-law/criminal justice in college and will still get my law degree someday!)

 

Hey GR did ya ever tell us what happened?????? If I missed it let me know .......... And how are you healing????

 

ok so i had a non moving ticket this last yr.

what he wrote was in caps above. word for word


the only charged marked in box 24 is-driving vehicle at safe speed.

box 27 sec (hand wrote in) 3361


box 63 stop 1 obs 0

docket # tr-1509-06

 

bad pics

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[IMG]local://upfiles/276/0ACB0867D7434360A89D5FE569DC3794.jpg[/IMG]

[IMG]local://upfiles/276/305C4086B8C54F8AA4B27F0EADC8387F.jpg[/IMG]

[IMG]local://upfiles/276/E043F85DB6324729A1954EB9C86BEB24.jpg[/IMG]

 

Driving vehicle at SAFE speed or UNSAFE speed cause you wrote safe? Umm if you were driving your vehicle (bike) at a safe speed the only thing he could get you for is careless or fail to avoid collision or accident. I can't read those friggin pics.

 

no the box he checked says driving at "safe" speed. he then hand wrote the stuff in CAPS above.

 

#1, how does the LEO know you were or were not riding at a safe speed?
no radar, no eye witness! Then you were driving at a safe speed. Got it!

#2, If your wreck was caused by you trying to avoid a deer and you did not involve any other vehicle then he should be citing the deer with failure to yield.

#3, the best of all, if the LEO could not record your year make, model and color correcty at the scene he will not be able to give any decent testimony at a trial regarding this ticket once you bring that to there attention.

Bottom line, you win no problem.

Who are you feeling bro, I hope better.

 

they have a catchall statute..its BS!!! it says that

No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazzards then existing.

In other words they are going to try and say you should have been more careful because there might possibly be a deer in the area...ITS COMPLETE BS! They expect you to be psychic...I'd fight it...I mean how are you supposed to know that a deer might jump out in front of you. Did you tell the officer you were speeding? If not then how the hell does he know you were speeding?

If he guessed at your speed and worked the accident .....

1 Is he a certified acccident reconstructionist?
2. When was he certified to do this, simple academy instruction isn't in depth enough for him to be able to reconstruct that accident.
3. Did he take measurements of skid marks, breaking point to point of impact? How did he calculate the stopping distance. What was the dew point that day. Was there moisture on the ground, was there oil in the area, gravel etc. THEN ask exactly how many Motorcycle Vs. Deer accidents has he worked.

Ohh I so wish I could be there with ya....I would help you rake him over the coals!

yeah you can soooo nail his butt with this..you shouldn't have gotten a ticket for a deer vs vehicle its crap! Ask the idiot if he is developing an EDWS...Early Deer Warning System...so he can prevent accidents when stupid deer jump out in front of you. What a loser! I would NEVER issue a citation even if you were speeding. Screw that!

 

there was no skid mark marks. they couldnt even tell were i wrecked other than the bike sitting along side the road. I never hit my brakes.

hes a state trooper. if that matters.

Oh and i never said i was speeding. I said i had no clue how fast i was going. And as for bob he told him he didnt see a thing cause he was a 1/4 mile ahead of me.