Grumpy
Well-known member
Compared to a car, a motorcycle is a smaller target. How does the Stalker pick the bikes out of the cars?
Jim
Jim
Got a ticket yesterday
- Thread starter bramfrank
- Start date
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cougar8000
Well-known member
First and foremost. Place a call to a DA and discuss if they have a supervision in that county? If yes, what are your options on getting one. You might have to provide them your record. If you are eligible you might have to shall out few extra bucks, but will be cheaper then a lawyer.
This whole situation SUCK big time. He obviously did not get his portion of what ever in the morning to so rudly pick you out of the crowed and then play with the speed. But guess who has more weight in court. And it sounds like you should not be taking any chances, so play the guilty part and talk to the DA>
This whole situation SUCK big time. He obviously did not get his portion of what ever in the morning to so rudly pick you out of the crowed and then play with the speed. But guess who has more weight in court. And it sounds like you should not be taking any chances, so play the guilty part and talk to the DA>
Charlie Hoss
Well-known member
I agree with Grumpy, a radar unit reads the strongest radar reflections, not necessarily the closest vehicle. It could easily read the speed of any vehicle behind you. A truck could be WAY behind you but the cop has no way to determine which he has clocked. I think the judge might be interested to find out just "how did" he pick you out of a crowd and why.
Secondly, many states do not have reciprocal agreements for reporting traffic convictions. I would check to see if NY has an agreement with Quebec. If not, just pay it.
bramfrank
BramFrank
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SecuLaw
Well-known member
That was the first question which popped into my mind. I deal with various Canadian governments and I can never get the courts in Canada to enforce judgments from US courts. The explanation being that the US judgments are considered "criminal" in nature and Canada will not enforce another country's criminal laws. My point being why do you believe that points imposed on a ticket issued in the US are going to be recognized by Quebec? Do you have some international agreement you can point too? If you do I'd like to see it because that would be news to me.
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bramfrank - Sorry to hear about the ticket. BTDT in similar situation.
Bottom line, you were visually apparent to be maintaining a speed above the posted limit. Backing that up, the officer has the radar hit, which picks up bikes just fine, especially in that situation of oncoming vehicles. No ambiguity of which vehicle was what speed. And you admitted guilt in that your speed was above the posted limit. How much above is splitting hairs and not relevant.
Does is suck? Heck yes! Is it 'fair'? Not really, but fair doesn't enter into it after the fact. (would you have really felt better if everyone got a ticket when you did?) You're guilty, be darn happy if you can plea to a non-moving violation and keep your "clean" record. Lots of places don't have that option. Your call on if it's worth the extra cash.
As to the time issue, in many cases you don't have to wait for the court date to take care of the ticket. Sometimes you do, but it's worth checking out. It sometimes takes a week to get the paperwork to the courthouse, but once they have it, you might be able to go in and make a plea bargain with the prosecutor at a time more convenient to you, as long as it's before the court date on the ticket. Call the number on the ticket and ask if you have the option to come in earlier to speak to the prosecutor, (if they offer that option).
Something to think about. You were selected out of traffic to be pulled over, (both bikes). You admit your bikes stick out because of the headlights. Did it ever occur to you that you are making yourself more visible to the police as well as the brain dead cagers? I used to wear a yellow hi-vis riding jacket. I stopped after getting pulled over a few times where I was 'selected' out of traffic. Wearing black, I get much less attention and haven't been pulled over since, though my riding habits are the same.
Attitude - Who the heck knows what the officer's problem was, or if that was simply his normal behavior. Once you contradicted him, you were classified as having an attitude. Nothing else you said mattered after that. The officer always believes himself to be correct. He might not be, but you don't want to tell him that on the side of the road. If he was wrong, and you were not guilty, the court room is the place to state your case.
I didn't see if you mentioned if your 2-up friend was also a Canadian, or was a NY state resident. Or if you mentioned how your friend responded to the officer. In some States the officer can not write multiple tickets for multiple individuals, only one individual per traffic stop. This could have been an issue.
Regardless, you're going to pay. Good luck with the court dates.
Bottom line, you were visually apparent to be maintaining a speed above the posted limit. Backing that up, the officer has the radar hit, which picks up bikes just fine, especially in that situation of oncoming vehicles. No ambiguity of which vehicle was what speed. And you admitted guilt in that your speed was above the posted limit. How much above is splitting hairs and not relevant.
Does is suck? Heck yes! Is it 'fair'? Not really, but fair doesn't enter into it after the fact. (would you have really felt better if everyone got a ticket when you did?) You're guilty, be darn happy if you can plea to a non-moving violation and keep your "clean" record. Lots of places don't have that option. Your call on if it's worth the extra cash.
As to the time issue, in many cases you don't have to wait for the court date to take care of the ticket. Sometimes you do, but it's worth checking out. It sometimes takes a week to get the paperwork to the courthouse, but once they have it, you might be able to go in and make a plea bargain with the prosecutor at a time more convenient to you, as long as it's before the court date on the ticket. Call the number on the ticket and ask if you have the option to come in earlier to speak to the prosecutor, (if they offer that option).
Something to think about. You were selected out of traffic to be pulled over, (both bikes). You admit your bikes stick out because of the headlights. Did it ever occur to you that you are making yourself more visible to the police as well as the brain dead cagers? I used to wear a yellow hi-vis riding jacket. I stopped after getting pulled over a few times where I was 'selected' out of traffic. Wearing black, I get much less attention and haven't been pulled over since, though my riding habits are the same.
Attitude - Who the heck knows what the officer's problem was, or if that was simply his normal behavior. Once you contradicted him, you were classified as having an attitude. Nothing else you said mattered after that. The officer always believes himself to be correct. He might not be, but you don't want to tell him that on the side of the road. If he was wrong, and you were not guilty, the court room is the place to state your case.
I didn't see if you mentioned if your 2-up friend was also a Canadian, or was a NY state resident. Or if you mentioned how your friend responded to the officer. In some States the officer can not write multiple tickets for multiple individuals, only one individual per traffic stop. This could have been an issue.
Regardless, you're going to pay. Good luck with the court dates.
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bramfrank
BramFrank
I suspect you have issues getting Canadian juridicstions to honour (note the spelling) your claims because there's nothing 'in it' for them.
They make money on points, so they work those with gusto.
Can't comment on whther we were apparent or not, but there was lots of traffic - and I didn;t admit anything to the officer.
However I was running with the traffic and the traffic was exceeding the limit.
I have pled down a ticket for my wife last year (in Albany) and I guess I'll be able to do something similar - didn;t realise it was a holiday south of the border and tried about 20 times to get through to Plattsburgh Justice.
The Sargeant at the State Police detachment told me that with a clean record I ought not have problems getting the charges reduced. For the jurisdiction it seems to be more about the revenue.
My apologies Bramfrank - I parsed your first post as you admitting to a lower speed, but after re-reading it I see that you only stated that to us, based on the GPS data.
Yes, running with traffic. Yes, traffic exceeding the speed limit. I.E. The officer saw you and traffic all going in excess of the speed limit. Thus it was visually apparent that you were speeding. So were the others, but you got pulled over and got the ticket. Simply saying that it really doesn't matter what other traffic was doing.
Like I said, it sucks.
Glad you can avoid the moving violation.
Yes, running with traffic. Yes, traffic exceeding the speed limit. I.E. The officer saw you and traffic all going in excess of the speed limit. Thus it was visually apparent that you were speeding. So were the others, but you got pulled over and got the ticket. Simply saying that it really doesn't matter what other traffic was doing.
Like I said, it sucks.
Glad you can avoid the moving violation.
Fencer
Why yes, I am a Smart ASS
It depends on the Radar unit.
I was Riding with MotorSwatCop on a stretch of Highway in Georgia when we got tagged by a Ga trooper. At the time he hit us, I was passing an 18 wheeler. The cop was in a honey hole (for him). you don't see him till its too late. He ended up grabbing the mustang that was behind us (luckily). I asked MSC the same thing, wouldint pick the truck over me? I mean we were broad side to the cop and against the trailer portion. He said depending on the radar it will give you the speed of BOTH large and small items. Big surprise to me.
SecuLaw
Well-known member
If I was you I'd spend a little money on a Canadian attorney to determine if Quebec is going to recognize points assessed by the State of New York. It would require a treaty between the US and Canada to allow points to be recognized. I'm not saying one doesn't exist but I would find it very unusual. It can't be an agreement between New York and Quebec because under the US Constitution only the President and the Senate can enter into treaties with foreign nations. While Canada is a good friend and neighbor of the US, from our standpoint it's still a foreign nation.
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RatoneMuerto
Well-known member
DITTO ON THAT!I did too.My childrens mother is now out of her fifth marriage and glad they are now adults.
zzzzip
Well-known member
Grumpy-- it does, and it is only as good as the guy who is using it.
Bamfrank-- sure, go to court and tell the judge you are only a little bit pregnant.
For what it is worth-- in my state you are not required or expected by law, Standard Operating Procedure, or a note from your mother, to show the radar speed locked in to a violator. If you decide to do so, it sure saves a lot of arguing, though.
B)
Bamfrank-- sure, go to court and tell the judge you are only a little bit pregnant.
For what it is worth-- in my state you are not required or expected by law, Standard Operating Procedure, or a note from your mother, to show the radar speed locked in to a violator. If you decide to do so, it sure saves a lot of arguing, though.
B)
ibsunburnt
Active member
Sorry but the fact is you were speeding. If you do the crime you need to be prepaired to pay the time.
painman
Well-known member
If you aren't happy with your situation and the way it went down, just go to court and try and work it out with the judge. Sometimes they will work with you and besides the officer will have to take time out of his day and appear also. Where I live if he doesn't show up the ticket gets thrown out. I believe one is accountable for their actions but if you feel unfair treatment especially being singled out, (which they can do), hey hope for the best and good luck. 
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