Laid bike down, got cited - feedback?

Discussion in 'Salem' started by microfunk5, Sep 19, 2011.


  1. OK so here's basically what happened and i would like some feedback. Yesterday night i was on my bike and i High sided. i was in 1st gear accelerating and slightly leaning into a turn. my speed was anywhere between 10-20 mph and it started from a complete stop. The rear tire slid out from underneath the bike almost like i hit a sheet of ice, just after hitting the center of the street i was crossing.

    I ended up with some, what i call minor road rash. and the bike has alot of cosmetic damage, but nothing serious due to the case sliders. It still runs.

    This happened about Half a block after leaving my house. I came to the conclusion that a few main things caused my wreck. That same morning it had rained for the first time in 3 weeks of having 80-90 degree weather. My tires are power ones or something like that and they definitely weren't warmed up. After looking at the street there were several spots of oil in that intersection.

    Now someone had called the police, after the they showed up. I repeated what was stated in the above paragraphs. They said my story didn't match up and that they were going to access the damage. There were two main witnesses that saw everything that happened but they left before the police showed up. The other "witness" according to the police officer said i was going 60mph, then he changed his story later on saying that i was peeling out.

    So he cited me for speed racing. More specifically "exhibition of speed". He found a skid mark in the road and said i was burning out. At this point i walked over to the apparent "Patch" i left in the road, which you could clearly tell by the tread that it was from a car. I took my size 11 shoe and laid it across the width of the patch. It took up the space from the back of my sole to the middle of the arch. I tried to show the officer but he wouldn't even take a look. The patch that was in the middle of the road from the tire slipping was about half the size. looking at the back of the tire you can clearly see where the rubber started to come off on the right hand side of the bike. But the center of the wheel was clearly intact with no signs of recent trauma due to "peeling out" I took pictures off the patch in the road with my shoe to use as a comparison. took pictures of the patch in the road. the oil spots in the road. i put my shoe on top of my rear wheel to show the comparison of how much rubber is actually on the ground when the bike is in motion. I took pictures to show the difference between the right side of the tire which actually laid a patch as i was going down compared to the middle of the tire which was perfectly fine. Before taking any of those pictures i tried to show the officer the comparisons, but he already had it set in his mind that he knew what happened.

    My speed was anywhere between 10-20 miles an hour. After the bike was laid down, it slid for a good 10+ yards due to the case sliders that were on the bike. I was thrown off the bike and landed on my back then hit my head in kind of a whiplash effect. i was wearing basketball shorts that were about 70 polyester and a white cotton t-shirt, nike running shoes and of course my helmet. The nylon shorts have a few holes in them but they are still in tact, the cotton shirt maybe has 1 small hole and dirt marks from the street where i had hit my bike. I feel like if i was going 25+mph that the clothing i was wearing wouldn't have been able to withstand the road.

    So with all that said, the officer "claims" he has a witness that saw me burning out. The witnesses that i know of left the scene before the officers showed up. My plan is to enter a plea of not guilty. So what i would like from you guys is just some objective opinions about what i should do. Your take on the accident. Advice about anything? Do i need an attorney? Any other questions?
     
  2. theJrod

    theJrod Racer Extraordinaire

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    Just get a lawyer - it'll go away. You probably don't have enough of a case to make it easy to fight it yourself.

    Exhibition of speed is a pretty lame citation to get for that. Failure to control vehicle or too fast for conditions is more appropriate. Even with those more deserved citations, I'd still fight them with a lawyer.
     
  3. Lawyer up. It's your best bet.
     
  4. jnicola

    jnicola Shredical

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    Wow, what a fucking cocksucker of a PIG!

    I'm more interested in how when we as citizens get mishandled by cock sucking pigs, how we get documentation against their career for being real pieces of shit.
     
  5. 1shinysideup

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    lawyer up

    :popcorn:
     
  6. mjn

    mjn <img src="/images/ranks/forum_admin.gif" alt="Foru
    Forum Admin

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    Attorney. Definitely.
     
  7. Rule #1 of PNW Riders, LAWYER UP!

    Don't fight this yourself because too fast for conditions is exactly that, if you were going slower you wouldn't have wrecked PERIOD. That's what the Judge will say and you will be screwed. NO EVIDENCE will disprove that you were going too fast for conditions, so get a lawyer and save yourself the heartache. Judge will say you should have been going slower being there was oil on the street, if you can take a picture of it, you can see it while riding, so in a sence you will self incriminate yourself presenting those pictures.

    If you defend yourself -

    You: You and I both can see there was oil on the road from these pictures.
    Judge: Why didn't you slow down if you saw oil?
    You: Uh...
    Judge: GO STRAIGHT TO JAIL, DO NOT COLLECT $200.

    If you get a lawyer -

    Lawyer: Hi Mr. Judge, remember me?
    Judge: All charges dropped, your client is free to go.
     
    #7 Heavy-T, Sep 19, 2011
    Last edited: Sep 19, 2011
    Jims08Z06 likes this.
  8. damn that sucks...I'm pretty sure had you been doin 60 like witnesses claimed while squiddin around your body would be rashed the F up. Yea get a lawyer and take that one all the way to trial if need be. Maybe you'll get a jury that has a few riders on it. Speed racing is a misdemeanor traffic offense I think. Your insurance and driving record will take a huge hit esp if your under 25. My .02
     
  9. xpertss

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    +1
     
  10. Feedback - that cop was a dick, get a lawyer, sounds like you need to refresh your basic training regarding pulling away from a stop, cold tires and road conditions are relevant.
     
  11. Good to hear you didn't damage your basketball shorts, t-shirt, or tennis shoes in the wreck...
     
    Jims08Z06 likes this.
  12. I'd also have someone photograph clothing: you in your t-shirt and without it, etc.

    get copy of police write-up.
    It will have name of police witness on it - not that you do anything with it.
    But any attorney will know, if you go there.

    Sleep on it and decide, your hearing date won't be for some weeks I bet.
     
  13. that is infuriating to hear :x. I can't believe they would even attempt to site you based on that evidence. A lawyer is definitely the best course of action.
     
  14. Definitely Lawyer up. If you decide to represent yourself, file for discovery so you can see what you are up against. Subpoena the witness that the cop stated reported you burning out. If they don't show, file a motion for dismissal as the cop wasn't there to witness it either.
     

  15. I'm surprised nobody has mentioned this yet but if I was the cop I would have laughed my ass off and asked you if you learned a lesson.... and called it a day, retiring to the nearest donut shop..... crackup:
    what a prick that cop is, probably didnt even get a witness report and it was just intimidation tatics....
     
  16. Get a good Lawyer.

    The "Witness" is confused, when your rear tire lost traction due to the oil, it spun fast, and so did your engine, there was no intent to do this.

    I would also go see a doctor (One who works in the emergency room would be best) show him your cloths, and the injury.

    He will be able to tell that you were not going anywhere near 60 when you went down, and should be able to give a much better estimation of your true speed.
    The real problem here is, you were in Salem, and the Salem cops HATE motorcycles, they even hate Harley's. There chief of police has been after us for years, and you are just the latest victim of there vendetta.
     
  17. Lawyer will probably cost more than the fine, but if you can afford to, then fight it on principle. Myself I would just pay the fine and chalk it up to all the BS that just happens.
     
  18. Was waiting for this one: :mfclap:
    I'd definitely wear some gear, especially considering the conditions.

    +1 on Lawyer
     
  19. Once you beat it it might be worth a shot to try to sue the police department for lost wages (if you missed work) and lawyer fees based on frivolous prosecution. I've heard of this being done successfully, but not firsthand. Maybe ask your lawyer. If it works and enough people do it then the PD might lose enough money to not try to write BS tickets anymore.
     

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