Traffic ticket for Christmas - Honda Motorcycles - FireBlades.org
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post #1 of 36 Old 12-03-2004, 7:35 PM Thread Starter
 
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Traffic ticket for Christmas

You guys will never believe what I got in the mail today. A $150 ticket for failing to stop at the stop sign that I crashed my 954 at 6 months ago!

1) The stop sign was covered by tree foliage.
2) The stop line is faded to almost nothing.
3) I almost killed myself and am still not back to 100% yet.
4) I missed 2 months from work.
5) I lost part of my salary (as the government insurance only covers 75%).
6) 6 months later they remember to send me a Christmas present in the mail.

I don't understand this [email protected] legal system.

Now I have to take time off from work, to go to court and fight this stupidity.

Thread reference with pics: https://www.fireblades.org/forums/sho...6&page=1&pp=30

Bikes and women - both have nice curves.
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post #2 of 36 Old 12-03-2004, 7:58 PM
 
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Re: Traffic ticket for Christmas

I kinda remember when it happened. I had just joined here. that is such a kick in the pants. if it makes you feel any better the government down here is even more messed up.

if you can't convince them, confuse them.
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post #3 of 36 Old 12-03-2004, 10:02 PM
 
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Re: Traffic ticket for Christmas

I don't understand this [email protected] legal system.

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post #4 of 36 Old 12-04-2004, 8:36 AM
 
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Re: Traffic ticket for Christmas

You've got some compelling evidence right there on your computer! The photo you took clearly shows the offending foliage and the nearly indistinguishable marking paint on the roadway.

I don't know about where you live GR, but I'm aquainted with a half dozen lawyers right here in Omaha who, had your incident occurred in the U.S., would be chomping at the bit to take this case before a judge.

Contest the ticket. I predict victory.

Last edited by Chain; 05-07-2006 at 8:51 AM.
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post #5 of 36 Old 12-04-2004, 8:43 AM
 
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Re: Traffic ticket for Christmas

Quote:
Originally Posted by Chain
I don't know about where you live GR
It's right under his name. Montreal.
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post #6 of 36 Old 12-04-2004, 8:45 AM
 
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Re: Traffic ticket for Christmas

Quote:
Originally Posted by ConqSoft
It's right under his name. Montreal.
What I meant was, I don't know anything about the legal system where he lives...
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post #7 of 36 Old 12-04-2004, 8:55 AM
 
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Re: Traffic ticket for Christmas

Quote:
Originally Posted by Chain
What I meant was, I don't know anything about the legal system where he lives...
Yeah, figured that out after I posted.
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post #8 of 36 Old 12-04-2004, 9:55 AM Thread Starter
 
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Re: Traffic ticket for Christmas

Quote:
Originally Posted by Chain
You've got some compelling evidence right there on your computer! The photo you took clearly shows the offending foliage and the nearly indistinguishable marking paint on the roadway.

I don't know about where you live GR, but I'm aquainted with a half dozen lawyers right here in Omaha who, had your incident occurred in the U.S., would be chomping at the bit to take this case before a judge.

Contest the ticket. I predict victory.
Well, I can get a lawyer or not. Will cost me more to get a lawyer though, so I'm going to represent myself. And if I lose, I have to pay approx $60 for court costs (on top of the fine). But I'm definitely contesting it. I'd rather spend jail time than pay them even $1. Its the principle.

My argument will be the following:

- that the stop sign was too high (compared to the other stop signs just across the street.
- that it was hidden by a tree (photos)
- that the stop line was faded to almost nothing
- that there was no sign indicating a stop line
- that the driver/rider has to be able to see the stop sign in order to obey it
- the ticket states that the officer did not witness the infraction
- the ticket shows the street name as "Cageux" instead of "Des Cageux"
- the ticket was sent 6 months after the incident occurred (I have to check the law on this one)

What I can not understand, is how anyone in their right mind, would send me this ticket after a life-threatening incident like that. That's kindof like issuing a traffic ticket to the widow of the guy who ran a stop sign and got killed by a bus.

Bikes and women - both have nice curves.

Last edited by GhostRider; 12-04-2004 at 9:56 AM.
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post #9 of 36 Old 12-04-2004, 10:03 AM
 
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Re: Traffic ticket for Christmas

Sorry to hear this.

Dress nicely, be polite, show the judge the photo you posted and I'll predict you will be happy with the results!

You have a good case. Fight it!

Official Racer Dude Guy, according to a neighborhood 6 year old.
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post #10 of 36 Old 12-04-2004, 10:23 AM
 
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Re: Traffic ticket for Christmas

Quote:
Originally Posted by GhostRider
...
- that the stop sign was too high (compared to the other stop signs just across the street.
- that it was hidden by a tree (photos)
- that the stop line was faded to almost nothing
- that there was no sign indicating a stop line
- that the driver/rider has to be able to see the stop sign in order to obey it
- the ticket states that the officer did not witness the infraction
- the ticket shows the street name as "Cageux" instead of "Des Cageux"
- the ticket was sent 6 months after the incident occurred (I have to check the law on this one)
Good luck I think you are getting shafted.

#1 check with a highway department office, I bet there is a spec. don't use this if it is within the spec.
#2 almost nothing or "to the point that it cannot be determined as a stop line"
#3 implied I would probably not state this as it might be offensive to the judge
#4,5,6 Canada so I do not know the relevance

Also I would suggest you make yourself a psuedo presentation and run through it out loud a few times beforehand. Treat this like a presentation, while it will be more free form I believe this will help you.

Must obey the sheep dog
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post #11 of 36 Old 12-04-2004, 1:30 PM
 
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Re: Traffic ticket for Christmas

Go get 'em GhostRider! I certainly hope justice prevails in this case. And come back to this thread and let us know how it went. Also hope the healing is coming along well.

Here in Oz
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post #12 of 36 Old 12-04-2004, 5:53 PM Thread Starter
 
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Re: Traffic ticket for Christmas

Thanks for the encouragment guys. The healing is going well...just the fingers left, but the Doc said it could take up to a year to be at 100%. There was some tendon damage when my finger was sandwiched between my clutch lever and the grip, but tendons can take a long time to heal.

I was searching around the net in my information gathering for the court case and I came upon this report below. That's my 954 and me lying on the pavement. I didn't even know I was in the news.

Sorry, but it's in french, but there are 4 photos:
Accident Report

Bikes and women - both have nice curves.
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post #13 of 36 Old 12-04-2004, 6:36 PM
 
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Re: Traffic ticket for Christmas

All banged up but still stylin' - nice shades.

Last edited by Chain; 05-07-2006 at 8:51 AM.
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post #14 of 36 Old 12-04-2004, 6:52 PM Thread Starter
 
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Re: Traffic ticket for Christmas

Quote:
Originally Posted by Chain
All banged up but still stylin' - nice shades.
Yup, actually those shades are prescription shades and I couldn't take them off at the hospital (well, not if I wanted to see properly), so I looked like a thug.

Bikes and women - both have nice curves.
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post #15 of 36 Old 12-04-2004, 11:17 PM
 
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Re: Traffic ticket for Christmas

Have you tried looking into taking it out of thier arse, so rather then them picking up $150 you pick up a few hundred grand?

Or like that cigar insurance case where they guy won the insurance claim but got done for arson, let them take the $150 and l follow up with your own trump card.

In this case what would be really powerful is if you can find any reports of people citing that corner to the authorties as a danger before your accident happened. Also find out if there have been any changes to that corner as a post your accident, could help show that it was a problem and needed to be fixed.

Last edited by matt232; 12-04-2004 at 11:23 PM.
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