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Old 09-07-2012, 11:39 AM   #1
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djTOY2000's Avatar
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Joined: Aug 2012
From: S.W. Washington

I Ride: 2006 GSXR 600
got a ticket and need advice
Received a speeding ticket for doing 65pmh in a 55mph zone as well as a moddified exhaust ticket.

MY BIKE = RED/BLK '06 GSXR 600


MITIGATION HEARING IN A MONTH

Officer stated that he "approximated my speed" to be that because of the "sound" of my bike accellerating and that it "appeared" as though i was also exceeding the speed limit in a 45mph zone based on the sound of my bike.

REALLY ?

MY QUESTION IS ....is that JUSTIFIABLE reason for issuing a ticket and persuing based on assumptions ??


the Officer that stopped me, or at least who i presumed is the officer (because he never said where he was when he "heard" me), was traveling in opposite direction (eastbound) as the route i was traveling (westbound) and had to loop down and under and back to persue.

(see map below)

I SAW the officer right after i made my passing of the merging construction vehicles because before i "go" i always scan ahead and then re-gather where and what i am doing after i pass .

Then a minute or two later saw the officer coming up on me in my mirrors FAST so i even looked down to see myself traveling at 52mph and was even being passed by a red truck traveling at least 65pmh.

I continued my travel of SR432 for approx .5 miles at 54-58mph until he stopped and cited me. he said he was pacing me at 68mph.

was rather dumbfounded at the whole situation because i didn't do anything wrong to my knowledge other than the acceleration to get around merging construction vehicles for my safety.

What really irritated me the most was the comment he gave to me about the chest/spine protection vest i was wearing saying "is this really going to protect you ?" (with a slight chuckle tone to it)

I was also sited for having moddified exhaust on the bike as that was what "alerted him" to my presence and estimated speed




**NOTE: this is just an example of why i will be investing in a couple gopro cameras for when i hit the road and will be recording my every moment, speed, situation, because of what i feel is blatant harrassment against those that ride.

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Last edited by djTOY2000; 09-07-2012 at 05:42 PM..
 

Old 09-07-2012, 11:44 AM   #2
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Joined: Jul 2009
From: Beaverton

I Ride: Harley FLHTCU
“ Quote:
Originally Posted by djTOY2000 View Post
Received a speeding ticket for doing 65pmh in a 55mph zone as well as a moddified exhaust ticket.



MY QUESTION IS ....is that JUSTIFIABLE reason for issuing a ticket and persuing based on assumptions ??

Good work, I changed mine as well. 09/16/12

You need to change that to read like...


"Was I speeding?, whether I was or was not speeding is not the question here....."

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Last edited by Jeffytune; 09-16-2012 at 09:10 PM..
 
Old 09-07-2012, 11:48 AM   #3
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Joined: Jul 2009
From: Beaverton

I Ride: Harley FLHTCU
That aside I hope that when the officer asked you "Do you know why I pulled you over?" you should have said no. And when he asked "Do you know how fast you were going?" you didn't answer at all.
These are the trick question they will throw at you to get you to admit your guilty, put it in there report that you admitted it and then your screwed.

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Old 09-07-2012, 11:58 AM   #4
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Joined: Jul 2008
From: Cornelius, Oregon

I Ride: Everyday
Officer: Do you know why I pulled you over?
Rider: Becuase you always wanted a bike like this and needed some rider feedback?
Officer: Do you know how fast you were going?
Rider: I do (pause) do you?
Officer: Are you getting smart with me?
Rider: No actually the longer you are with me the dumber I feel.
Officer: Watch it Mister or you will be in alot of trouble
Rider: Watch what and where should I look for it
Officer: That's it I had enough of you
Rider: Cool have a good day (twists throttle and rides off after all the officer said he had enough of him)

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Old 09-07-2012, 12:06 PM   #5
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Joined: Jun 2010
From: Tacoma, wa

I Ride: CBR 954RR GSX-R600 TRACK
I got one of thoes tickets before. Cop said he heard my exhaust and assumed I was speeding. Gave me a ticket for Riding To Fast For Conditions. It was wet out. I took it to court and the judge threw it out. But I do suggest getting an attorney to do it for you. I'd rather pay for that then the ticket.

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Old 09-07-2012, 12:10 PM   #6
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Joined: Jun 2012
From: Seattle

I Ride: '11 DR650
Sounds like the officer was being a dick. He heard you? Didn't know LEOs had specific ear training on performance vehicles/exhaust that directly correlated to knowing what gear the vehicle is in to estimate the exact speed at the time...let alone while going the other direction.

Hopefully it works out man...just an unfortunate situation.

Glad my bike is on the quiet side of the spectrum with the stock exhaust. (Sounds like a sewing machine lol)

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Old 09-07-2012, 12:11 PM   #7
Track School Dazed
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Joined: Oct 2005
From: CENTRAL

I Ride: When I can
Quit admitting (in a public forum) you where speeding. Did the noise maker get you the attention you deserved?

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Old 09-07-2012, 12:12 PM   #8
Shredder
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Joined: Jul 2008
From: Cornelius, Oregon

I Ride: Everyday
Cop: I pulled you over becuase you sounded like you were going to fast
Rider: Really that is the second time I heard that I sounded like I was going fast today
Cop: Who else told you that?
Rider: Your kids when I was leaving your wifes bedroom this morning

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Old 09-07-2012, 12:23 PM   #9
Retired
Desvio's Avatar
 
Joined: Mar 2008
From: SE Portland / Bucerias, Nayarit Mx

I Ride: 03' CBR1100XX, 84 GL1200A
“ Quote:
Originally Posted by Jeffytune View Post
That aside I hope that when the officer asked you "Do you know why I pulled you over?" you should have said no. And when he asked "Do you know how fast you were going?" you didn't answer at all.
These are the trick question they will throw at you to get you to admit your guilty, put it in there report that you admitted it and then your screwed.
^^^This!


And take note of HOW he told you what brought his attention to you with your "modified exhaust", had it been someone like me on a stock CBR-XX doing 75+mph and barely making a sound doing it, he wouldn't have even paid attention.

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Old 09-07-2012, 12:30 PM   #10
Parts Collector
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Joined: Aug 2008
From: Milwaukie

I Ride: Triumph Tiger 800
Would you all quit telling people to stop giving out all the details on a traffic ticket to people? How else can the rest of us enjoy these posts?

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Old 09-07-2012, 12:52 PM   #11
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fyrejunkee's Avatar
 
Joined: May 2009
From: Woodland, WA

I Ride: OP's for now.
Instead of speeding up to avoid merging traffic, why didn't you just move over. There was another lane to your left.

I agree with others, lawyer up. Oh, also, you don't want a mitigation hearing, you want a contested hearing. Who got you? State or County?

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Old 09-07-2012, 12:55 PM   #12
WSP
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Joined: Jun 2012
From: Washington

I Ride: 99 Suzuki Marauder VZ800
Sounding fast isn't the same as going fast. If he wrote you for a specific speed, he has to verify it by either a radar, laser, or pace. The law does read that you can't have an exhaust louder than originally installed on the vehicle. You could fight it based off of the "sounds fast" comment. I would recommend changing the exhaust though, since it did grab undue attention.
Posted via PNW Riders Mobile

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Old 09-07-2012, 02:11 PM   #13
Knee Dragger
firedad's Avatar
 
Joined: Mar 2010
From: The shallow end of the gene pool

I Ride: Faster than I should
1. Call a lawyer
2. See #1

There is a list I made on mc talk here. On phone so its a bitch to link.

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Old 09-07-2012, 02:13 PM   #14
Licensed
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Joined: May 2010
From: Vancouver WA

I Ride: Ducati 999
id write a letter prior to the court date, make sure its sent certified stating the conditions of your "speeding" and put your stock exhaust back on (you do have it dont you? situations like this make sense to keep it).

“ Quote:
Originally Posted by djTOY2000 View Post
What really irritated me the most was the comment he gave to me about the chest/spine protection vest i was wearing saying "is this really going to protect you ?" (with a slight chuckle tone to it)
do you think it will? can you blame him then?

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Old 09-07-2012, 02:21 PM   #15
Training Wheels
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Joined: Aug 2012
From: NE Portland

I Ride: 2012 Triumph D675
Sounds pretty weak to me. Speeding based on sound? Gimme a break. Unless I read it incorrectly, and assuming that's all he has on you, I would take that sh*t to court expecting for them to drop it. I kind of understood it that cops get recognition for issuing citations regardless of whether or not the charge sticks. Is that an urban legend?

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Old 09-07-2012, 02:28 PM   #16
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Joined: Nov 2007
From: Southwest WA

I Ride: '82 Honda CB900F, '81 Yamaha XJ750R Seca, 1985 Honda VF1000R, 1980 Yamaha XS850 Special
Right where the officer was spotted and also the same place he had to get back onto Tennant Way to follow you, the speed limit changes from a 45 to a 55. He can't get on "exhaust tone" on how fast you were going.

I would get a lawyer if it isn't too expensive. Radar gun tickets can be fought using the "Cosign Effect" error that is generated from angle of the gun in relation to the target. However, I can't see this one holding up on just a simple observation. Nice try officer.

http://www.sportsradargun.com/pdf/CO...ECTDETAILS.pdf

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Old 09-07-2012, 02:44 PM   #17
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Real Fast Travis's Avatar
 
Joined: Nov 2009
From: .
You talk to too much.

Get a lawyer, but it might be too late....

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Old 09-07-2012, 03:36 PM   #18
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Joined: Jun 2010
From: Portland.
Blog Entries: 1

I Ride: Like the wind!
I got an advise for you... Slow down!!!!! ...

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Old 09-07-2012, 03:48 PM   #19
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Joined: Aug 2011
From: Tanasbourne, OR

I Ride: '08 R6, '07 S2R 1000, '10 Ninjette #791
Why are you telling this to the Internet, instead of a lawyer?

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Old 09-07-2012, 04:28 PM   #20
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Joined: Apr 2010
From: Los Angeles, Ca

I Ride: 2013 Street Triple R
**advice.

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