Got my first speeding ticket...

[Geology Rocks]

12 years of clean driving and riding gone today...http://www.r6central.com/forums/images/smilies/frown.gif I was cruising behind this car on peak to peak and he decided he wanted to let me pass. well he pulls to the right where 2 tires dip into the dirt. Dirt started coming up so I gassed it around him, in 2nd gear, and pulled back in. well a cop gunned me while passing him. The kicker was I was riding slow all day and they were the 2nd car I passed the whole trip...about 140 miles worth. I passed and slowed down to about 50...well that was to late.

No criminal record, no tickets, no nothing...he asked me where I was off to in such a hurry and I told him I am going to check out and set up the place where I am going to propose to my gf...he smiled and said nice good luck and wrote me the ticket.http://www.r6central.com/forums/images/smilies/laugh.gif

On the copy of the ticket he put how nice I was, how professional I was, and how I treated him with the up most respect. After was all said and done I shook his hand and told him thanks for his service to the community.

70 in a 45...http://www.r6central.com/forums/images/smilies/frown.gif

advice? I am going to plea bargain it and try and get it reduced. being my first ticket in 12 years what are my chances?

joe
ps- paging barn.....

[scitsoman]

Well they will drop it 2 points just cuz you showed up to court and thats about all there going to do. sorry man good record or not the courts look at all tickets the same

[Geology Rocks]

i spoke with the cop for a bit after and he said the fine is $240 and 6 points...but given how nice I was to him and my record he said he would talk to the DA and get the points dropped.

I am thinking of getting an lawyer and seeing what he says. there is an identical ticket in this board on the same stretch of road. he got 2 ptns and school...or 3 points and no school.

i am cool with 2 points and a school.

joe

[Nick_Ninja]

Gilpin County I bet :roll:

[Geology Rocks]

lol...correct!

[TomB]

Advice.. stay off of P 2 P. The cops are everywhere up there. Good luck in court.

[SamuraiX]

I would think you could fight that one- with the car wanting you to pass and all/

[Geology Rocks]

the biggest thing in my eyes is not the passing....but the debris being kicked up. The pass was legal and with dotted yellow lines.

joe

[CaneZach]

The other car wanting you to pass him is of no concern. Even when you're passing, you cannot travel above the posted speed limit, so if he's got you at 25+ over the speed limit, it moves from a Class A Traffic Infraction to a Class 2 Traffic Misdemeanor, which should make it a summons and not a mail in.

Assuming everything you've said is true about your driving history, there are ways to prevent this from showing up on your driving record. If you were as nice/cooperative/whatever as you said, the officer may be more inclined to request a deferred sentence. You'll plead guilty to the charge, pay whatever fines and court costs they have, but it will never show up on your driving history as long as you follow the requirements of the agreement. Typically the deferrment is anywhere from 3 months to 2 years, meaning if you obey the requirements, which are typically things like not getting another ticket, for the allotted time frame (3 months, 6 months, one year, etc.), you will have completed your sentence and it's like the ticket never happened.

If they won't go for a deferrment, see about getting it plead out to a non-moving violation, or look for a zero-point charge. Defective Vehicle is a popular plea agreement since it's 2-points and like $60, plus court costs.

[Geology Rocks]

when I spoke to the cop i asked him what the fine was...he said $240...but with my driving record he said they will odds are drop it to 2 points and nothing more. he said between my driving record and what he wrote on the ticket he said i shouldnt be a big deal

thanks for the info...
joe

[Geology Rocks]

any cops on the board or anyone know what a ticket deferment is? it seems like if you have a good record they will in essence put you on "probation" and if you get another ticket in 6 months or 12 months then the original ticket is back into affect....

anyone?

[Foolds]

No a cop but had this experience once or twice. There are two types of deferment. First is Deferred prosecution meaning you keep your self clean from that county for X number of months they don't prosecute the ticket(this is a rare deal). If you get a ticket in X number of months in that county then you go back to court and get to fight or try and get a plea The second and more common is the deferred sentence, meaning you plead guilty to the ticket, but they don't put it on your record unless you get a ticket in that county in X months.

Clearly the first one is a better thing. You will still be forced to pay court fee's and fine but your insurance dosn't see it unless you violate your terms

[Geology Rocks]

No a cop but had this experience once or twice. There are two types of deferment. First is Deferred prosecution meaning you keep your self clean from that county for X number of months they don't prosecute the ticket(this is a rare deal). If you get a ticket in X number of months in that county then you go back to court and get to fight or try and get a plea The second and more common is the deferred sentence, meaning you plead guilty to the ticket, but they don't put it on your record unless you get a ticket in that county in X months.

Clearly the first one is a better thing. You will still be forced to pay court fee's and fine but your insurance dosn't see it unless you violate your terms

thanks...I am not concerned about the money honestly..I am cool with paying the fine. I am going to ask for that..


joe

[Foolds]

Dress nice admit your mistakes and enplane your situation and be respectful and you will normally get one of the two. Start by asking for Deferred Prosecution.

[Think]

The other car wanting you to pass him is of no concern. Even when you're passing, you cannot travel above the posted speed limit, so if he's got you at 25+ over the speed limit, it moves from a Class A Traffic Infraction to a Class 2 Traffic Misdemeanor, which should make it a summons and not a mail in.
That's still bullshit. He's got a clean record for TWELVE years, that's a long time. The cop should have taken that into consideration when deciding what kind of ticket to write. The least he could have done was drop the speed on the ticket to something less serious.

[fullgrownbear]

That's still bullshit. He's got a clean record for TWELVE years, that's a long time. The cop should have taken that into consideration when deciding what kind of ticket to write. The least he could have done was drop the speed on the ticket to something less serious.

Dropping the speed is actually a violation against many agencies policies. Most of the time, they're supposed to write them as they clocked them. FYI.

[Think]

Dropping the speed is actually a violation against many agencies policies. Most of the time, they're supposed to write them as they clocked them. FYI.
Ah, I wasn't aware of that. They regularly do that in the DC area.

[~Barn~]

Good luck brotha. Just tell them you know me. I'm sure everything will go smoothly, if you do that. :D

[fullgrownbear]

Good Luck as well. Maybe they will dismiss your ticket if you answer this question correctly...

http://i71.photobucket.com/albums/i139/jameseroni/special.jpg

[Geology Rocks]

Barn: so I see you want me to go to Jail.....:p

the one in the back left? with the white stripe down its face?

joe

[FZRguy]

You're over-thinking this, and I wouldn't want a deferment hanging over my head for xx months. Show up at the court date, take what they offer, pay the fine, forget it.

[gtn]

Come on... I haven't had a ticket in 24 years and the only one that actually went on my record was 29 years ago (NO AGE JOKES!) and I'll bet I won't get a break when I eventually get pulled while on the bike.

[JohnEffinK]

Sorry about the ticket...

Re-read the post by CaneZach.....and move on.

John

[modette99]

..

[Skinbabe]

I went on the NCM ride today. We were on the P2P and three of our guys got tickets. They were only 4pts I think with mail in options. But be careful going to court, there is one judge up there that just has it out for sport bikes. The guys is a real special kind of ass hole. Good luck!!

[Geology Rocks]

I went on the NCM ride today. We were on the P2P and three of our guys got tickets. They were only 4pts I think with mail in options. But be careful going to court, there is one judge up there that just has it out for sport bikes. The guys is a real special kind of ass hole. Good luck!!

i dont want it to go to trial...I am going to try and plead out whether that be guilty with a deferment or lowered. I have 0 desire to go to trial with this.

joe

[66stang21]

You know, you don't actually have to wait to see the DA. In theory, you could go up there and knock on her door or make an appointment. This is what I did and I ended up getting one of my tickets completely dropped. Since the DA is going to be the one to offer a plea, you have a right/option to negotiate in that plea. Some of the other guys that posted have a valid point in telling you to take whatever plea you get and move on. Remember, if you decline a plea bargin and go to court, the plea bargain is no longer available to you since you have waived it. Therefore, a plea may have been for two points and the judge may be having a bad day and decide to award you the full points and fine. I've seen that happen too. It's a balancing game. Good luck!

[Geology Rocks]

I am going to contact the officer and the DA and go from there.

joe

[peteremsley]

Gilpin Co? Little Deputy Impie (or is it Limpit?) with the very well pressed uniform? He gave me a really nasty ticket 2 summers ago. No choice but to go to court. Thankfully, the DA lady was very nice indeed. Reduced to a 3 pointer for "driving too fast for conditions" - whatever that means... I'd say go to court, wear something that shows you care, and let the DA know about how seriously you take motorcycle safety, and explain your record to date.

[chesthing]

They'll drop it to 2 points, but be prepared to pay the full amount - they want your money. I think it's a minor miracle you haven't had a ticket living in CO. I had a clean 15 year record before I moved here, my driving habits stayed the same but god damn if I haven't racked up 8 tickets in the last 9 years (all petty bullshit that cops in TX or MO would have warned me on). Cops here suck shit.

[Tipys]

The other car wanting you to pass him is of no concern. Even when you're passing, you cannot travel above the posted speed limit, so if he's got you at 25+ over the speed limit, it moves from a Class A Traffic Infraction to a Class 2 Traffic Misdemeanor, which should make it a summons and not a mail in.

Assuming everything you've said is true about your driving history, there are ways to prevent this from showing up on your driving record. If you were as nice/cooperative/whatever as you said, the officer may be more inclined to request a deferred sentence. You'll plead guilty to the charge, pay whatever fines and court costs they have, but it will never show up on your driving history as long as you follow the requirements of the agreement. Typically the deferrment is anywhere from 3 months to 2 years, meaning if you obey the requirements, which are typically things like not getting another ticket, for the allotted time frame (3 months, 6 months, one year, etc.), you will have completed your sentence and it's like the ticket never happened.

If they won't go for a deferrment, see about getting it plead out to a non-moving violation, or look for a zero-point charge. Defective Vehicle is a popular plea agreement since it's 2-points and like $60, plus court costs.

Best advice here. Also most correct.


Dropping the speed is actually a violation against many agencies policies. Most of the time, they're supposed to write them as they clocked them. FYI.

LOL it is against most agencies. The cop that gave me my last ticket even said he would not be able to write it for less, because of this. Not like I asked him to either.


But on my own end it doesn't matter if you have gone 12 years without a ticket your driving record only goes back 2. Unless its DUI or DWAI

[Geology Rocks]

well I had court and it went OK I think....I thought it was going to be much worst than it was based off the DA.

The DA was this chick who had a horrible attitude. She was one of those woman in power who feels she needs to prove to men how awesome she is because she is in power. Right then I thought...oh shit...

well...we went into the private room, and she asked my last ticket. I told her never and she replied with.."wow thats amazing!" good feelings right...well I mentioned that the cop referenced a 2point defective vehicle due to my record. she replied with this....

"if the cop doesnt feel that strongly about his tickets then he needs to not write them, he doesnt settle my case for me, so no...if you dont want to settle this now at 3 points, and $100 fine we can go to court. you will face the full penalty, which will happen, and maybe even some time in jail....what will it be?"

I settled because I wanted it to be over and done with. I offered driving school and she said no. she even read what the cop wrote on the ticket and said..."wow thats nice of you."

oh well...lesson learned...dont go 27mph over the speedlimit.lol

3 points..10-19mph over the speedlimit
$100 fine


joe

[vort3xr6]

Here is your smoking gun. Use revised statutes. They hate that and have to prove you wrong.


No person shall exceed the speed limit unless......

(9) The conduct of a driver of a vehicle which would otherwise constitute a violation of this section is justifiable and not unlawful when:






(a) It is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of said driver and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the consequences sought to be prevented by this section; or








(b) With respect to authorized emergency vehicles, the applicable conditions for exemption, as set forth in section 42-4-108 (http://www.michie.com/colorado/lpext.dll?f=FifLink&t=document-frame.htm&l=jump&iid=COCODE&d=42-4-108&sid=5ae26baf.54ec967d.0.0#JD_42-4-108), exist.


So basically. Your intelligence, morality, and desirability not to be in danger outweighed the consequence of speeding. Having debris fly up is definitely a dangerous situation that caused you to react in such a way to prevent a disaster to the public and yourself.


I have won 4 cases doing this stuff so good luck and always be confident and state the exact statute.

[vort3xr6]

i am an idiot. Good job in court. For future reference. You can always debate. They have to prove YOU wrong. Not the other way around.

[Keepitgreen]

So if she threatened you with jail, that means that you are a threat and the officer should have arrested you on the spot.
I am the same with you and don't really care about paying, but with her saying that, I would have told her to piss off and see her in court.. Jury trial to see if my peers think I should go to jail.
I guess she didn't get laid the night before or that morning.. lol
Crazy stuff those DA's can pull out of their ass, just to settle it right then and there..

[FZRguy]

I talked to a really nice (and cute) DA for Jeffco County. Two pts and $72.50 (ticket was four and $155)…..should of got her number.

[Geology Rocks]

hey vortex....thank you for stealing my avatar off r6c.

its boosted

joe

[RUMotarded]

Here is your smoking gun. Use revised statutes. They hate that and have to prove you wrong.


No person shall exceed the speed limit unless......


So basically. Your intelligence, morality, and desirability not to be in danger outweighed the consequence of speeding. Having debris fly up is definitely a dangerous situation that caused you to react in such a way to prevent a disaster to the public and yourself.


I have won 4 cases doing this stuff so good luck and always be confident and state the exact statute.


But then the argument could be made that the pass wasn't necessary, could have just rolled off the throttle and dropped back. Either way, it could have been much worse for you......20+/reckless driving is a criminal offense, not a traffic violation. It's the gamble we all take to get our thrills I guess

[vort3xr6]

hey vortex....thank you for stealing my avatar off r6c.

its boosted

joe

good avatars are hard to find joe. Its a good one but I got another lined up.

[Clovis]

3 points and a $100 fine -- not a bad deal if you ask me -- just don't get a 40mph over in Park County =P (10pts, $600 in fines/fees, 40hours of community service, gg).

[SLVRSURFR]

well I had court and it went OK I think....I thought it was going to be much worst than it was based off the DA.

The DA was this chick who had a horrible attitude. She was one of those woman in power who feels she needs to prove to men how awesome she is because she is in power. Right then I thought...oh shit...

well...we went into the private room, and she asked my last ticket. I told her never and she replied with.."wow thats amazing!" good feelings right...well I mentioned that the cop referenced a 2point defective vehicle due to my record. she replied with this....

"if the cop doesnt feel that strongly about his tickets then he needs to not write them, he doesnt settle my case for me, so no...if you dont want to settle this now at 3 points, and $100 fine we can go to court. you will face the full penalty, which will happen, and maybe even some time in jail....what will it be?"

I settled because I wanted it to be over and done with. I offered driving school and she said no. she even read what the cop wrote on the ticket and said..."wow thats nice of you."

oh well...lesson learned...dont go 27mph over the speedlimit.lol

3 points..10-19mph over the speedlimit
$100 fine


joe

If you're gonna keep riding a motorcycle, get used to it..

[newyork1]

Hey Joe I thought you sold your bike to join a cool car club :turtle: When you get popped you just have to suck it up and pay.

[Geology Rocks]

Hey Joe I thought you sold your bike to join a cool car club :turtle: When you get popped you just have to suck it up and pay.

I was already a member of a cool club....way cooler than any club you are in.:slappers: <---read....Yeah i didnt last long. maybe 5 months and now back on two wheels.

How you been?

joe

[CaneZach]

Joe, sorry you got hammered. I gave you the best advice I could, but it doesn't take into account the DA's attitude.

[Geology Rocks]

Joe, sorry you got hammered. I gave you the best advice I could, but it doesn't take into account the DA's attitude.

Cane..no worries man. Thank you for the advice as it definitely helped me prepare for the situation. The DA was definitely out to prove something. Oh well....it was my fault anyways. shouldnt have been going that fast!:)

joe

[Munchdog]

HPR track Day on Monday : 4 hours $90.

No cops :)

[racedk6]

If you're gonna keep riding a motorcycle, get used to it..

You sir are and idiot :banghead:

Joe has been riding for as long as I can remember and this is his first ticket. He does not have the idiotic tendencies you are inferring you have with that comment.

[TFOGGuys]

well I had court and it went OK I think....I thought it was going to be much worst than it was based off the DA.

The DA was this chick who had a horrible attitude. She was one of those woman in power who feels she needs to prove to men how awesome she is because she is in power. Right then I thought...oh shit...

well...we went into the private room, and she asked my last ticket. I told her never and she replied with.."wow thats amazing!" good feelings right...well I mentioned that the cop referenced a 2point defective vehicle due to my record. she replied with this....

"if the cop doesnt feel that strongly about his tickets then he needs to not write them, he doesnt settle my case for me, so no...if you dont want to settle this now at 3 points, and $100 fine we can go to court. you will face the full penalty, which will happen, and maybe even some time in jail....what will it be?"

I settled because I wanted it to be over and done with. I offered driving school and she said no. she even read what the cop wrote on the ticket and said..."wow thats nice of you."

oh well...lesson learned...dont go 27mph over the speedlimit.lol

3 points..10-19mph over the speedlimit
$100 fine


joe

My last ticket was in Denver, 87 in a 55 :banghead:

The "magistrate" was more than happy to reduce points from 6 to 4....and fine me $395 in fines and bullshit fees.....

at the same session, he rescheduled at least 3 people that had been cited with no insurance so that they could falsify...er....produce proof of insurance so they didn't have to go to jail. Nobody that needed a spanish interpreter was fined more than $90......

[racedk6]

My last ticket was in Denver, 87 in a 55 :banghead:

The "magistrate" was more than happy to reduce points from 6 to 4....and fine me $395 in fines and bullshit fees.....

at the same session, he rescheduled at least 3 people that had been cited with no insurance so that they could falsify...er....produce proof of insurance so they didn't have to go to jail. Nobody that needed a spanish interpreter was fined more than $90......

My lawyer told me that if you ever get pulled over for speeding, to not show the cop your proof of insurance. You might luck out and get a ticket just for that. Then if you show up in court with proof of it, you get dismissed. If you get a speeding ticket and no proof of insurance, the no proof will get dropped when you show up.

[TFOGGuys]

My lawyer told me that if you ever get pulled over for speeding, to not show the cop your proof of insurance. You might luck out and get a ticket just for that. Then if you show up in court with proof of it, you get dismissed. If you get a speeding ticket and no proof of insurance, the no proof will get dropped when you show up.

No Luck there...he didn't even want to see my POI. He had already run my plate and the insurance came up good on the computer. On the plus side, there was no lecture, no bullshit wait on the side of the road. Stopped a total of maybe 5 minutes....

[Cars-R-Coffins]

My lawyer told me that if you ever get pulled over for speeding, to not show the cop your proof of insurance. You might luck out and get a ticket just for that. Then if you show up in court with proof of it, you get dismissed. If you get a speeding ticket and no proof of insurance, the no proof will get dropped when you show up.

Your lawyer is an idiot, better find a new one. Does he/she not know that "not having insurnace" and "not showing proof of insurance" are two seperates charges? See 42-4-1409(3)... :drink:

42-4-1409. Compulsory insurance - penalty - legislative intent. (http://www.michie.com/colorado/lpext.dll?f=FifLink&t=document-frame.htm&l=query&iid=5ae26baf.54ec967d.0.0&q=%5BGroup%20%2742-4-1409%27%5D)

(1) No owner of a motor vehicle required to be registered in this state shall operate the vehicle or permit it to be operated on the public highways of this state when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by law.
(2) No person shall operate a motor vehicle on the public highways of this state without a complying policy or certificate of self-insurance in full force and effect as required by law.
(3) When an accident occurs, or when requested to do so following any lawful traffic contact or during any traffic investigation by a peace officer, no owner or operator of a motor vehicle shall fail to present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law.

[Carlito]

There is some really good information on this site (http://www.dismissticket.com/) and they send you everything for free. I have a ticket that got dismissed using this method. It's not a gimmick! Also do a search on judicial standing and corpus delicti.

[thesavidge1]

My last ticket was in Denver, 87 in a 55 :banghead:

Wow you were really speeding on that one, like real deal stuff right there. But if your gonna do it might as well go big.

[TFOGGuys]

Wow you were really speeding on that one, like real deal stuff right there. But if your gonna do it might as well go big.

I70 and Pecos....eastbound about 18:30...wasn't really paying attention to my speed, just going a few mph faster than traffic like usual, only "traffic" was apparently hauling ass......

[Zach929rr]

Wow you were really speeding on that one, like real deal stuff right there. But if your gonna do it might as well go big.

You're not allowed to give people shit unless you have a functioning motor.

[thesavidge1]

You're not allowed to give people shit unless you have a functioning motor.

sheesh harsh claim from the duct tape bandit over here, its not my felt that I am projecting my pent up depression :cry:

[racedk6]

Your lawyer is an idiot, better find a new one. Does he/she not know that "not having insurnace" and "not showing proof of insurance" are two seperates charges? See 42-4-1409(3)... :drink:



And all you do is tell them you dont have proof of it on you. If your speeding ticket is not exceeding a 4 point violation then there are most likely to write you up for not showing proof of insurance. You go to court and it gets dismissed.

My lawyer knows what he is doing considering he has saved my license quite a few times when I actually ride on the street..

[Cars-R-Coffins]

If your speeding ticket is not exceeding a 4 point violation then there are most likely to write you up for not showing proof of insurance. You go to court and it gets dismissed.

Where did this "likelyhood" originate from?

It sounds more like your lawyer gives you just enough bad advice to keep his pockets lined with your dough.

...but we do live in America and can spend our $$$ as we see fit.

[PhL0aTeR]

My lawyer told me that if you ever get pulled over for speeding, to not show the cop your proof of insurance. You might luck out and get a ticket just for that. Then if you show up in court with proof of it, you get dismissed. If you get a speeding ticket and no proof of insurance, the no proof will get dropped when you show up.



Where did this "likelyhood" originate from?

It sounds more like your lawyer gives you just enough bad advice to keep his pockets lined with your dough.

...but we do live in America and can spend our $$$ as we see fit.
i dont know the dudes lawyer, but i learned this when i was 16.... my insurance had run out and i hadnt put the new card in my truck yet and when the cop asked me, i told him i couldnt find it. He wrote me for no insurance, didnt write me for the 15 over i had gotten pulled over for, and i brought my insurance with me when i took care of it and it was dismissed.

Since then, it has worked 3-4 other times, only once has it worked here in CO though.

[Cars-R-Coffins]

i dont know the dudes lawyer, but i learned this when i was 16.... my insurance had run out and i hadnt put the new card in my truck yet and when the cop asked me, i told him i couldnt find it. He wrote me for no insurance, didnt write me for the 15 over i had gotten pulled over for, and i brought my insurance with me when i took care of it and it was dismissed.

Since then, it has worked 3-4 other times, only once has it worked here in CO though.

Just like most run-ins with the law, it's officer/court discresion ...take your chances but be prepared to pay the piper.

[Hi11Zone]

how about cops mind their own businees.

[Cars-R-Coffins]

how about cops mind their own businees.

How about where do the cops mind their own business? I'll ride there.

[CaneZach]

Isn't it the cops' business to enforce the laws of the State of Colorado? We all enjoy being able to tear up some twisties without worrying about red and blue lights behind us, but it's MY fault if I get pulled over, not his. Don't do the crime if you can't pay the fine.

[Cars-R-Coffins]

Isn't it the cops' business to enforce the laws of the State of Colorado? We all enjoy being able to tear up some twisties without worrying about red and blue lights behind us, but it's MY fault if I get pulled over, not his. Don't do the crime if you can't pay the fine.

Maybe if I were a state trooper and able to pull the badge when I got stopped I'd feel the same way.

Until then, where are the fun roads that tons of cops aren't patrolling? ...oh wait, I guess I need to consider that law enforcement also reads these forums :banghead: