Help me beat this ticket!

[-cyclops-]

I didn't really clarify: I have already pled not guilty and my actual court date is on December 18th.

So I'm still going to try to subpoena the dash cam even though it might be a waste of time. I don't even get a chance to talk to the prosecutor before the trial. It's a small town court and I hear the judge is a bit of a dick, which is what worries me the most. However, if he does convict me I can still appeal right? Does that go to a different court? I think I'll still call a traffic attorney today to see what they say.

[spike52]

Originally Posted by ~cyclops~

I didn't really clarify: I have already pled not guilty and my actual court date is on December 18th.

So I'm still going to try to subpoena the dash cam even though it might be a waste of time. I don't even get a chance to talk to the prosecutor before the trial. It's a small town court and I hear the judge is a bit of a dick, which is what worries me the most. However, if he does convict me I can still appeal right? Does that go to a different court? I think I'll still call a traffic attorney today to see what they say.

Did you get the statute #?

[-cyclops-]

Originally Posted by spike52

Did you get the statute #?

Yeah I put it in my previous post. Any idea how I would subpoena the dash cam? I tried searching but didn't come up with much. I'll have to dig a little deeper.

[oldfart01]

Originally Posted by spike52

My first patrol car was 1986 Dodge Diplomat........

Those were such well built cars too!

[rp94pj]

Originally Posted by spike52

My first patrol car was 1986 Dodge Diplomat........

Now that was a classic.

Sent from my Galaxy Nexus using Motorcycle.com Free App

[Knight2211]

Originally Posted by ~cyclops~

Thanks rp. Under speed measurement device on the ticket it says "other". Wtf does that mean? Car? It wasn't radar.
And spike the section number is 28-701.02A3 96-100. Statute says ARS.
And some mentioned getting a public defender. I wish I could but that's only if your offense requires mandatory jail time if convicted.

Originally Posted by spike52

Did you get the statute #?

Here you go.

[Ironhead401]

Originally Posted by ~cyclops~

Thanks rp. Under speed measurement device on the ticket it says "other". Wtf does that mean? Car? It wasn't radar.
And spike the section number is 28-701.02A3 96-100. Statute says ARS.
And some mentioned getting a public defender. I wish I could but that's only if your offense requires mandatory jail time if convicted.

Originally Posted by Ironhead401

May find this useful. http://www.avvo.com/legal-answers/i-...pe-352962.html

This is from a lawyer that posted in that link:

Criminal Speeding is a Class 3 CRIMINAL misdemeanor offense, punishable by up to 30 days in jail, a $500 fine plus surcharges, and 1 year probation. These are the maximum penalties available to the Court, and you are unlikely to receive such a sentence, but the offense is a criminal one, and will be reported as such. If at all possible, it would be best to try to negotiate the offense down to a CIVIL one, preferably, with the opportunity to resolve completely with your successful completion of Defensive Driving School.

Originally Posted by spike52

Did you get the statute #?

[upplink32]

Originally Posted by ~cyclops~

So I'm still going to try to subpoena the dash cam even though it might be a waste of time.

Look into going down the route of a FOIA (Freedom of Information Act) request. I was under the impression that dashcam footage fell under this realm as "electronic" records, and as such are open to a FOIA. If the dashcam does qualify, and they refuse the FOIA, then the department HAS to give a written explanation why they won't release it. Of course they could always just write that they didn't save the video and reused the memory space. FOIA request can be a pain, but they can't be ignored or blatently turned down.

If you wanted to file a FOIA to find out how much money from taxpayers was used to purchase flat screen TVs in the Mayor's office, you could. (not that it would be a wise idea, rather an example)

[performula]

Just because you were going 100mph does not mean he didn't eventually catch up when everyone slowed down.

Talk to the prosecutor. Hell, the judge will probably reduce the damn thing anyway.

A lawyer is going to take $500-$1000 right now and not do anything until five minutes before court is in session on Dec. 18th.

*edit - he/she is going to take at least $1250 now. $2500 is absofreakinlutely insane. That is just atrocious for a ticket.

Is it a criminal offense in your state for going over 100mph? That's the only thing I can think of at that price. Jeez

[performula]

Originally Posted by 93goatfucker04

Im still curious as to how much this is gonna cost you if you dont beat it

Depending on his age, it might not cost anything other than the fine, court, and/or lawyer fees. His insurance might not even go up. Insurance would be the killer here in this situation. Or jail.


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[Kekoa]

Originally Posted by 93goatfucker04

Thats exactly why you dont do group rides. The front two "didnt see him" and kept going with traffic then 10 seconds later try to get away. I think they knew their plan all along. No advice here besides dont ride with people you dont know well because youll get into shit like this


A group ride with 40 people I was on edge when I used to ride in a group of 4

Ditto, not too fond of group rides. But most riders in Hawaii are pretty chill, so are the cops. But every now and then you run into thouse few that just like to be ass-hats. That's when it's time to go home.

[spike52]

Can you take the driving school class?
It looks like Az. offers classroom or online, cost is approx. $180.

[Kyrol]

Not sure if PBJ is an option this being criminal may play out diffrently.

Like others have said, None of you had cameras on? Even if it doesn't show the speed of the bike if your creeping along with traffic it can still attest to you not running 100+.

I don't even ride without my GoPro anymore, got pulled over on Thanksgiving after washing the bike and the officer claimed I was doing 100+mph. I pointed at the gopro mounted on the tank after realising what it was it turned into a safety equipment check "making sure my helmet was DOT." Best of luck If you can postpone, postpone it for as long as you can.

[kavanagh]

I'm not sure what happened to the OP after December 18th, but I wanted to see if I can put a little closure on this subject, as it happened to me (I left the court room 2 hours ago).

I'm an imposter here and ride a Honda CBR1000RR, but I found this thread really helpful so I signed up just to respond to it - thank you all for your insight and suggestions!

I was popped for 95 in a 65 and got this same ARS code violation of 85+. At my first court date I plead not guilty. I started reading up on the violation and realized how screwed I was about to be.

Here in AZ you go to a Pre-Trial Conference in order to talk to the County Attorney and see if you can work out a plea bargain (before gathering a jury and bringing in the LEO and spending time on an actual hearing). I decided to go that one alone instead of lawyering-up since I knew if they didn't offer me a plea bargain of non-criminal charges, I could request a jury trial and get a lawyer for that.

I dressed nice and brought my wife to court with me (the North Mesa branch of Maricopa County who busted me) so I could explain to the attorney what happened and ask them to drop the speed to the 85 mph I believe I was actually doing. I was gonna tell them how nice the LEO was in following me to the gas station since that's why I was speeding (I know, speeding doesn't save gas, but I was running up to speed real quick, then coasting down hills).


wait

for

it


They already had a plea bargain typed up and printed for me to sign!
I never even had to sing my sad song or anything!

They gave me a violation of exceeding Reasonable and Prudent which is a civil violation instead of criminal (my biggest concern) but it does still carry 3 points on my license. $247 fine. Done.

Thanks to everyone on here who contributed and helped me make a decision!


Shiny-side-up!
--Kavanagh

[Ironhead401]

Originally Posted by kavanagh

I'm not sure what happened to the OP after December 18th, but I wanted to see if I can put a little closure on this subject, as it happened to me (I left the court room 2 hours ago).

I'm an imposter here and ride a Honda CBR1000RR, but I found this thread really helpful so I signed up just to respond to it - thank you all for your insight and suggestions!

I was popped for 95 in a 65 and got this same ARS code violation of 85+. At my first court date I plead not guilty. I started reading up on the violation and realized how screwed I was about to be.

Here in AZ you go to a Pre-Trial Conference in order to talk to the County Attorney and see if you can work out a plea bargain (before gathering a jury and bringing in the LEO and spending time on an actual hearing). I decided to go that one alone instead of lawyering-up since I knew if they didn't offer me a plea bargain of non-criminal charges, I could request a jury trial and get a lawyer for that.

I dressed nice and brought my wife to court with me (the North Mesa branch of Maricopa County who busted me) so I could explain to the attorney what happened and ask them to drop the speed to the 85 mph I believe I was actually doing. I was gonna tell them how nice the LEO was in following me to the gas station since that's why I was speeding (I know, speeding doesn't save gas, but I was running up to speed real quick, then coasting down hills).


wait

for

it


They already had a plea bargain typed up and printed for me to sign!
I never even had to sing my sad song or anything!

They gave me a violation of exceeding Reasonable and Prudent which is a civil violation instead of criminal (my biggest concern) but it does still carry 3 points on my license. $247 fine. Done.

Thanks to everyone on here who contributed and helped me make a decision!


Shiny-side-up!
--Kavanagh

That's pretty common in NJ (or use to be) that if you just showed up to court, they will usually knock a ticket down or at least bring it down a couple of points without lawyering up.

[TeflonTrout]

Yuck. May use this thread to explain purchasing a GoPro in the near future.

[upplink32]

Originally Posted by Kyrol

Not sure if PBJ is an option this being criminal may play out diffrently.

Like others have said, None of you had cameras on? Even if it doesn't show the speed of the bike if your creeping along with traffic it can still attest to you not running 100+.

I don't even ride without my GoPro anymore, got pulled over on Thanksgiving after washing the bike and the officer claimed I was doing 100+mph. I pointed at the gopro mounted on the tank after realising what it was it turned into a safety equipment check "making sure my helmet was DOT." Best of luck If you can postpone, postpone it for as long as you can.

I would have let him give me the 100mph+ ticket. Then I would have showed up in court with the video evidence, and let him sit and explain why he's combining tax dollars with his lies to simply be a burden on the citizens he has sworn to protect and serve.

Ok, so I wouldn't go through all that hassle. But it would be nice if someone else did.

[spike52]

Originally Posted by Ironhead401

That's pretty common in NJ (or use to be) that if you just showed up to court, they will usually knock a ticket down or at least bring it down a couple of points without lawyering up.

Yep.
They just want a guilty plea & your cash.