Question for the legality inclined - Honda Motorcycles - FireBlades.org
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post #1 of 31 Old 05-17-2003, 7:48 PM Thread Starter
 
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Re: Question for the legality inclined

Ok, on our ride today, I got a ticket for crossing the double yellows. I have no argument about whether or not I was wrong, I was. However for those that feel they need to flame, the lines went a quarter mile into at least a mile and a half straight stretch with no turning lanes. Just pure and straight. There was a reason why that cop was sitting there, and that is exactly the reason. People pass there. Anyways, the ticket is wrong. Because I'm in the military, I have an Oregon license and California plates. The ticket is written saying I have a California license. Does that make this ticket invalid? If it does, where can I find the code that says so?
TIA, Ben

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post #2 of 31 Old 05-17-2003, 8:17 PM
 
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Re: Question for the legality inclined

start by going to the library and reading the law books, or ask a lawyer



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post #3 of 31 Old 05-17-2003, 8:39 PM
 
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Re: Question for the legality inclined

Unfortunately it is the same here in Cdn & especially in the two lane twisty mtn roads. You get behind a slow driver, SUV, 18 wheeler, or slow drivers & you simply suffer as you pedal down to the lower cogs. Often the crossing lines are extremely short & with some 20 plus vehicles infront of you doing around 20 to 25mph that is the way you must go, for once you turn up the wick & get cracking the cops will nail you for excessive speeding & Lord knows what else they will dream up.
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post #4 of 31 Old 05-17-2003, 8:41 PM Thread Starter
 
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Re: Question for the legality inclined

Quote:
soniccbr : start by going to the library and reading the law books, or ask a lawyer
http://www.leginfo.ca.gov/calaw.html

Thanks for the valuable and much needed input smartass.

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post #5 of 31 Old 05-17-2003, 8:45 PM
 
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Re: Question for the legality inclined

Quote:
firedawgon929 : ... The ticket is written saying I have a California license. Does that make this ticket invalid? ...
In Texas it would get thrown out.
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post #6 of 31 Old 05-17-2003, 9:39 PM
 
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Re: Question for the legality inclined

Ahh ,

Im willing to bet that the ticket is probably still good because it is issued to you the person not the bike. Best chance will be to get a ticket lawyer and see if they can get it dismissed on a technicality. I doubt it, but since you live in Cali anything is possible!

SS
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post #7 of 31 Old 05-17-2003, 10:10 PM
 
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Re: Question for the legality inclined

Well, all I can tell you is what would happen in NY. If you fought the ticket based on the license state glitch, that ticket would be voided - and a new one would be written with the proper information. I am not saying you should be thrilled that you got a ticket, but you would have to admit that particular glitch really has nothing to do with the accuracy of what the officer is accusing you of.
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post #8 of 31 Old 05-17-2003, 10:58 PM
 
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Re: Question for the legality inclined

Here in Kansas they would write me another ticket for trying to take it to court. Around here we get tickets for everything. It's normal to get pulled over 3 times a night when nothing has happened. All I can say is that my fraternity's alumni constitute about 90% of the lawyers in this area, if you catch my drift

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post #9 of 31 Old 05-18-2003, 12:10 AM
 
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Re: Question for the legality inclined

Sorry I don't have the answer to your question but, from what I've read in previous posts, it seems like even when the officer makes a mistake on the citation it still stands. *I don't think this is fair, *nor should it be legal, but sometimes you just can't fight City Hall. *Sucks, I hope you beat it * .

Edit: Chain? Any of you other cops out there? What do you have to say?



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post #10 of 31 Old 05-18-2003, 1:59 AM Thread Starter
 
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Re: Question for the legality inclined

Quote:
Bacchus : ...

Edit: *Chain? *Any of you other cops out there? *What do you have to say?
That's what I've been wondering ... chain

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post #11 of 31 Old 05-18-2003, 2:34 AM
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Re: Question for the legality inclined

I agree w/others, find a lawyer.
But it may not be worth the $.
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post #12 of 31 Old 05-18-2003, 3:20 AM
 
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Re: Question for the legality inclined

At least down here in SoCal, the ticket wouldn't be voided based on the mix-up. Also, the yellow line citation I believe should be prima facie based (what made it dangerous?). If there was no one around other than you, you couldn't have endangered anybody's safety. A cop can't be considered an opposing veh (in CA at least). The cop would have to articulate reasons he felt your move was unsafe. If you can articulate no one else around (pedestrians), not a residential area, no other vehicles, roads not wet, no intersections, etc., then you stand a chance of beating the ticket! Good luck

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post #13 of 31 Old 05-18-2003, 4:16 AM Thread Starter
 
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Re: Question for the legality inclined

Quote:
DevilDog : At least down here in SoCal, the ticket wouldn't be voided based on the mix-up. *Also, the yellow line citation I believe should be prima facie based (what made it dangerous?). *If there was no one around other than you, you couldn't have endangered anybody's safety. *A cop can't be considered an opposing veh (in CA at least). *The cop would have to articulate reasons he felt your move was unsafe. *If you can articulate no one else around (pedestrians), not a residential area, no other vehicles, roads not wet, no intersections, etc., then you stand a chance of beating the ticket! *Good luck *
There was nothing dangerous about it. Sped up to get around the vehicle and if I HAD been in a cage would have crossed back over AFTER the broken line started. Seeing as though one of the vehicles pulled us over, one was pulled over right up the road (by the same one that pulled us over), another was being taken down at the end of the road, my guess is they were briefed this morning. The cop was pulled over on the same sight of the road obvious in a position where most vehicles passing wouldn't even realize he was there until after he was already behind them. He would have been in the blind spot of the vehicle being overtaken. That spot just looked like a total setup in hindsight, even as I was standing there patiently waiting for my receipt from the California Department of Revenue. Oops, I mean CHP. They were out to make money today. Are you an officer by the way? I might have a couple more questions for you if you don't mind.

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post #14 of 31 Old 05-18-2003, 9:32 AM
 
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Re: Question for the legality inclined

I would say that it depends on the judge. If he is a stickler for detail he may throw it out. But most will say that it was written to you lawfully regardless of the mistake. I'd go anyway in hopes the officer doesnt show.
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post #15 of 31 Old 05-18-2003, 9:51 AM
 
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Re: Question for the legality inclined

Quote:
firedawgon929 : Quote (Bacchus @ May 17 2003, 8:10pm)...

Edit: *Chain? *Any of you other cops out there? *What do you have to say?
That's what I've been wondering ... chain
Firedawgon, sounds like you're getting good input from Devildog and, since he's a California peace officer, is in a better position to comment.

Good luck with your case.
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