If you can show any way where the officer could make a mistake or not be able to ascertain all the facts, you could have it dismissed. For example, if he claimed you didn't come to a complete stop and there was a row of bushes between you and his location, that would likely get tossed.

That's at least according to what I was told by a traffic lawyer that I hired once. The trouble is, how do you say the rider was wearing face covering, and never took the helmet off without implying that it was you, since you know those facts.

 

you think he didnt run your plates but in all likelihood, he ran them before he pulled you over.

 

What kind of argument would you use, that someone stole your license and bike?



The answer you will get back - Then why didn't you report them stolen?
and if you're really lucky they may throw a few extra charges on top for perjuring yourself.

If it's just a speeding ticket pay it, if it's a bunch of points that you can't handle or a reckless ticket hire a lawyer to take care of it, but don't lower yourself to comitting a felony to try and get off of a traffic ticket.

 

^^^ You may have missed the part where I said I wasn't planning on fighting the ticket. I'm just questioning the validity of being able to give someone a ticket without knowing who they are.

Also, there is no way he ran my plates. He got me on radar from the side of the road, motorcycle cop, and hit his lights right away. I pulled over before he even got behind me and when he did pull up he got right off his bike and began writing the ticket. I was standing next to him the whole time which took less than 5 min.

 

^^^ You may have missed the part where I said I wasn't planning on fighting the ticket. I'm just questioning the validity of being able to give someone a ticket without knowing who they are.

I didn't miss it, I just was trying to head off the herd of "you can get off on technicality XYZ.43.v.33" that is inevitably coming even if it is wrong and potentially dangerous advice.

As for writing you while still on the bike, that's new to me, any stop I've had on the bike (regardless of whether I left with a ticket) had me off of the bike, with helmet and gloves off and the motor stopped. One of those I had to take my helmet off at gunpoint...

 

you could definitely fight that. Claim your wallet was stolen. But it will be hard to prove when they cross reference your bike title to your DL

 

How are you going to try and make a case that it wasn't you? Which is what you need to do. No matter what you do, you will need to testify at some time that you weren't there, and that would be a lie I'm assuming.

 

Naples, Florida has installed cameras at red lights and are sending people tickets through the mail. Kind of similar. Your wallet nor your bike were reported stolen so they are assumed to be correct.

 

^^ To save you some typing Lifeon2, he is not actually planning on fighting it. (a couple posts up, some people typing as I was.)

I think you should do what you can to get any fines or points lowered, but it seems like you know you did something wrong and are willing to pay the piper. Good on you.

It is possible he ran your plates, just over the radio. I THINK, but not sure, that police can radio your tags in and have dispatch run them and give them any info. Anyone that can confirm?

 

the first and most important thing you can do when stopped is to REMOVE YOUR HELMET! it shows respect and gives the officer time to consider his tact...i also explain that im a MSF graduate...last year i was stopped 4 times in 2 weeks and was never issued a ticket...remove sunglasses and gloves as well...

 

I've asked this question to some cops here, and they pretty much said the same thing: leave the helmet on unless you are asked to remove it. If you are doing things with your hands and they aren't sure of exactly what you are doing, it makes them nervous. Instead, turn your bike off and put your hands where they can see them until they ask otherwise.

 

You could probably beat it with a lawyer. And why shouldn't you look to fight any ticket? Wrong or not, you're probably already paying plenty of taxes that they waste to settle frivolous lawsuits, corruption and a myriad of other fraud/waste.

Obviously only do it if it makes financial sense and your license isn't at risk of suspensions due to points. The government doesn't adhere to any kind of an honor system, so why should you. Just look at the $30 billion they're writing off in loans to GM and Chrystler. And their friends at Goldman Sachs?

/soapbox

 

I have had cops ask me to take my helmet off so I could be identified on their dash cameras a couple of times???

Maybe I have shifty eyes??? I doubt the "Speedaholic" sticker I have on the chin piece of my full coverage helmet helps much either???

:nana:

 

when you remove your helmet FIRST your intentions are self evident...

 

If it's dark out, the officer may not realize you're trying to remove your helmet. Just sayin' what they told me. :dontknow:

Personally, I don't want to do anything that makes an officer feel like his life is in jeopardy, even a tiny bit.

 

i hear ya...

 

K, I gotta chime in here.

Some background: my wife is a police officer. I hear stories, let me tell you... That aside, and being that I'm married to a law enforcement officer, I'm a bit biased.

I have to ask the obvious question - Were you speeding? In all honesty, if you were and the officer caught you, then you're caught. Easy as that. Often times, if a rider wearing a full-face helmet is stopped, they will be asked to remove the helmet for identification purposes. It could be that you have unique enough looking eyes/nose that the officer looked at you, looked at the D/L, and that was enough for them. Officer could also have been short on time, or hurried for another deadline (impending court appointment, etc). I agree with the above statement tho - removing your gloves and helmet before you are asked does show respect, which in turn will earn you the officers respect. This goes a long way - longer than you think.

Long story short, it is the officer's discretion on whether they have enough information (your documents) and if they really want you to remove your helmet or not. I'll tell you from 2nd-hand stories, officers are always nervous about traffic stops - believe it or not, traffic stops are the most risky thing that any officer does. Until credentials have been verified, they don't know if said vehicle is stolen, driver/rider has warrants, criminal history, flight risk, violent, armed, etc... So a "nervous" officer is normal, and means they have good awareness of the situation.

My suggestion to you all: if you get stopped, listen to the officer, be polite, comply. These things may be enough to relax the whole situation, and may be enough for the officer to deem that you are a law abiding citizen and don't deserve the ticket today (remember: their discretion). Now that you have been given the ticket, you have a couple of options:
1) Plead guilty, pay the ticket. Hey, if you were legitimately speeding, you got caught. Consider it the motorcycle tax...
2) Plead not guilty, discuss it in court. If there's considerable doubt about if you were speeding, give it some thought - but it better be a believable excuse... The judges have heard it all.
3) Before your court date, go to the court house, ask to speak to the prosecutor, and plead the ticket down. Not sure if this applies to all jurisdictions, however some (in ours, for instance), you can request to talk with the prosecutor, and they may reduce your fine, and maybe reduce the points on the ticket (maybe). If it was a minor ticket - say 70 in a 60 zone, they might drop the points and reduce the fine to 70% of the ticket.

Please, please, please - and this is for all of you, if you are being pursued by the police, just stop. All too often someone has a "reason" to run - this often ends badly for the person being pursued. Remember, law enforcement officers have radios, squad-mates, and can often draw on other resources like a helicopter. And running over a stop stick (spike belt) on a motorcycle doesn't ever end well...

As well, remember that police officers are people with a job to do. There's no reason for them to be rude, unless you are being non-compliant or rude back. They're people with families, loved ones, etc - and their safety is important, so please consider their safety if/when you are ever stopped. Pull off to a side street in a well lit area where its safe for BOTH of you. Stopping on the shoulder of a busy road/highway/interstate is dangerous, and neither of you will feel safe.

If you broke the law and you get stopped, then you've been caught. How open, honest, even friendly may make your situation better, and you may have legal ramifications of getting caught. But please, please consider everyone's safety - yours and the officers. We all like to go home at the end of the work day - them too...

<getting off the soap box>

I feel better.