• There has been a recent cluster of spammers accessing BARFer accounts and posting spam. To safeguard your account, please consider changing your password. It would be even better to take the additional step of enabling 2 Factor Authentication (2FA) on your BARF account. Read more here.

Update: Ticketed for 124 mph...

Warpkor

Warpkor

Reactor Breach
Joined
Dec 20, 2006
Location
Fair Oaks, CA
Moto(s)
Ninjette 300, CB1000R, XR400R, TTR230, WR450F, XCF350
This is in reference to http://www.bayarearidersforum.com/forums/showthread.php?t=217026&highlight=ticketed+for+124.

I appeared in court on Wednesday for the arraignment hearing with my attorney. This is not a trial and simply an opportunity to plead "no contest", "not guilty", etc. The pro tem judge, however, can assign penalties depending on how you plead without moving to a trial. I learned a few things during this experience.

If you appear with an attorney, you are placed in the first position to be heard by the judge. This saved a tremendous amount of time. My attorney spoke on my behalf and pleaded "no contest" for me as a way to "feel out" how the judge would react to my situation.

It was no surprise that the judge found the type of traffic infraction "incongruous" with the noted speed but moved quickly nevertheless to post a fine and suspend my license for 30 days. My attorney then requested to speak to the judge by approaching the bench in an attempt to negotiate the license suspension and was granted permission to do so. It was the intent of my attorney to speak to the judge in muted tones to allow the judge to change his position on my license suspension without revealing anything to the other traffic violators in the court room. It was difficult to hear the entire conversation but I heard the judge repeat the noted speed with the term "egregious" in the same sentence therefore he would not back down from the 30 day license suspension.

Since the judge did not change his position, my attorney then took the opportunity to change the plea from "no contest" to "not guilty" so that we may challenge this situation during a trial. I had no idea that you could change you plea during the arraignment and I was grateful to have the attorney present.

Trial is set for December 4th at 1:30pm in Yuba County. I'm hoping against hope that the CHP officer fails to show at the trial. I'll be sure to post the results of my trial in December.
 
Well, sounds like your lawyer will make some bucks and the CHP officer will make some nice overtime.. good deal.
 
Lethal RidersMC said:
DELAY DELAY DELAY DELAY DELAY DELAY DELAY DELAY DELAY
Click to expand...
You can delay all you want. Unless you have a game plan or are planning on collecting evidence, you'll be in the same position no matter when it goes down.

If you're going to wind up pleading guilty anyways, just get it over with. Don't keep it hanging over your head...get the suspension over and done with.
 
If you're hoping the officer doesn't show, good luck on that. I know some agencies make it a high priority that officers make court appearances.
 
enki said:
If you're hoping the officer doesn't show, good luck on that. I know some agencies make it a high priority that officers make court appearances.
Click to expand...
yeah good luck
 
I got out of 2 speeding tickets 3 years ago due to officer's no show. However, I did delay and delya and delay everything as long as they allowed me, so when I finally showed up for a court date, the officer was no longer with the same agency.... :)
 
I just got a subpeona today for a guy I wrote for reckless driving. Observed him spinning donuts in the middle of a busy intersection. Tried to be nice at the time of stop. Did not impound his car (I could have), did not arrest him and book him into jail (could have), only wrote him for the one misdemeanor when there were several other infractions I could have added. He thanked me for being so nice, stated he was wrong in what he did, and aid he learned his lesson. What defense will he use in court? Does he really think I won't show?

I'm suprised that he wants to go to court. I took photos of his tire friction marks from above the intersection right after I released him from the scene. Beautiful evidence of his squidly driving. I will enjoy seeing the look on the judge's face when I present the photos. He can delay all he wants because the photos stay the same, my notes on my citation, and the report I wrote all chronicle what occured.
 
silversvs said:
I just got a subpeona today for a guy I wrote for reckless driving. Observed him spinning donuts in the middle of a busy intersection. Tried to be nice at the time of stop. Did not impound his car (I could have), did not arrest him and book him into jail (could have), only wrote him for the one misdemeanor when there were several other infractions I could have added. He thanked me for being so nice, stated he was wrong in what he did, and aid he learned his lesson. What defense will he use in court? Does he really think I won't show?

I'm suprised that he wants to go to court. I took photos of his tire friction marks from above the intersection right after I released him from the scene. Beautiful evidence of his squidly driving. I will enjoy seeing the look on the judge's face when I present the photos. He can delay all he wants because the photos stay the same, my notes on my citation, and the report I wrote all chronicle what occured.
Click to expand...

haha....damn that's crazy

What would compel someone to do donuts in an intersection? :wtf
 
silversvs said:
I just got a subpeona today for a guy I wrote for reckless driving. Observed him spinning donuts in the middle of a busy intersection. Tried to be nice at the time of stop. Did not impound his car (I could have), did not arrest him and book him into jail (could have), only wrote him for the one misdemeanor when there were several other infractions I could have added. He thanked me for being so nice, stated he was wrong in what he did, and aid he learned his lesson. What defense will he use in court? Does he really think I won't show?

I'm suprised that he wants to go to court. I took photos of his tire friction marks from above the intersection right after I released him from the scene. Beautiful evidence of his squidly driving. I will enjoy seeing the look on the judge's face when I present the photos. He can delay all he wants because the photos stay the same, my notes on my citation, and the report I wrote all chronicle what occured.
Click to expand...

Looks like he is gambling with his time and money. So be it. Wish I could see the look on his face when you show up and go over what happend verbatim.

To the OP, well I agree with most, should have taken the 30-days suspension and got it over with. IMO, you and your attorney are prolonging the inevitable.
 
Last edited:
Not that I know from experience, but I've heard if the court date gets placed on a friday before a holiday or the monday after your chances of a no show are much better, of course since I have only talked to one officer (And he was off duty) in the last eight years it obviously isnt from My own experience..........;)
Personally I save the triple digit behavior for the two lane between Pahrump and Baker at 2:30 AM on any given thursday morning......:wow
 
Your an idiot to go that fast on the street. Take it to the track dammit! No speed limit there. I mean, 85 or 90 in a 75 is one thing but 120 plus?!? Get a grip.

Pleading Nolo Contendre was a good move but didn't necessarily get you anywhere. Basically it means "I acknowledge the charges against me and admit that I was the party involved but do not say I'm either guilty or not guilty" which is actually much different that saying you are either. It's like going halfway. Problem is that you are now half way in and can't really say not guilty without admitting some guilt. "I plead Not Guilty Your Honor!" but he says "Then if you aren't Guilty why did you plead Nolo Contendre to begin with?". See, in the eyes of the law, you have already admitted some guilt if just by involvement, by pleading no contest.

This does buy you time though. Time to make them pull the traffic surveys for radar use. Certificates for radar cailbration and officer use certification. Speed trap rules that apply to said traffic surveys, etc, etc.. you might get lucky and find that the officer was overdue for his cert in the use of radar and get off but probably not. Mostly it will be sure to buy you the time to arrange for alternate transportation for the 30 days your license will be gone.

In the end, you would probably have been better off doing the legwork yourself and NOT paying an attorney. The information the attorney has you can get yourself. You probably would have been better off saving the cash, pleading Nolo Contendre, asking for indicated sentence, and taken your lumps. Would have saved you over $2k I imagine. Yes, the fact that if you have an attorney you move to the front of the docket is nifty (and messed up in my mind: let the poor man suffer!), but is it really worth that much? Well to some it may be which is why they exist I suppose.

Next time may I suggest a track day? Could have done looks like 10 of them at least for what this looks like it's going to cost you (including tires and fuel for a modern sportbike turning fast times). Actually, keep it up and it's prolly the ONLY place you'll get to ride. Don't need a license for the track.
 
I dont think delaying this case will help either. I'm sure if I was a cop I would remember writing a ticket for 124 mph. hmmmm doesnt sound good for you. Plus, get a new lawyer. I have no comment on how he went about your case. I know i know....it hurts to hear the truth but it is what it is.
 
How much was the fine?

If I recall correctly, it was the license suspension that you were most concerned about because of job related driving. However, I thought that the courts generally allowed limited job related driving while on suspension.
 
Yeah, I think I'd step up and take it on the chin- get that 37 month-to-come-off-your-record clock going. It's from your conviction date BTW, not citation date. I'd see if the judge might let ya pick up trash or something- anything to NOT get a suspension; your insurance will go ballistic because you'll have the point for the speed another for the suspension, and suspensions (at all/all alone) are shit for insurance rates.
 
I suppose it's possible that a suspension on your record might disqualify one from many driving related jobs. If that's the case, I can see why Warpkor wants to fight it to the end.
 
You must log in or register to reply here.
Back
Top