Ducati Monster Forum

It finally happened.... I got nabbed by the CHP this morning.    [moto]  [leo]  :'(

I was going north on 101 past the Tam exit right over the bridge.  I was exiting on the Tiburon blvd exit, so I get onto the off ramp and I hear a "WHOOP WHOOP"  "Dont try and run I've got your plate number!!!"   There were about 4 cars infront of me on the off ramp, so I had every intention of pulling over as soon as I was off the ramp.  Then I hear "Turn off the bike right now!"  I pointed to the right side of the ramp and he said "NOW!" 

So I shut off the bike on the middle of the ramp and he gets out and yells at me to give my license.  I took my back pack off to get my wallet and as I was doing this I said "I pointed over there to show you that had every intention of pulling over once I got off of the ramp" to which he responded "just give the your license and then you can move"  I felt like such a jackass blocking the ramp like that, and I knew the cagers were hating me, but loving that I got pulled over. 

I pulled up and made a right to get off of the ramp.  I got out my insurance and reg which were all good, and then I took my helmet off.
He comes back and asks me if I saw him.

 "No sir, I didnt see you at all until we were on the ramp"
"Well, when you didnt slow down I figured you had no regard for the law and that you were going to run"
"Thats just stupid, I would never run from the law"  [leo]
"You know there is this yellow Ducati  that keeps running from me, and I dont like that shit!" 
Thatss right folks... the infamous yellow Ducati... I was pulled over by THAT COP! 
"The second time I had to call off the chase because he was going real fast and it was gettting dangerous.  I was hoping to come around a corner and just see him layed out on the ground with a crashed bike!"   :o
"I would never even think of doing that sir"

"I paced you at 75, but you were going much faster, probably 90 or so.  Why the hell were you going so fast?"
"Wow, I didnt think I was going that fast, I am a little late for work and I was late yesterday, so I didnt want to make it two days in a row."
"Im going to do you a favor and go ahead and right you a ticket for 75 in a 55."  (thanks for the favor)

as he is writing the ticket he asks me how many tickets I have gotten on the bike.  This is my first one (in the US) officer.  Then he looked at my bike and asked how often I speed...  This is only the second time  ;)   He laughed, at least you have a sense of humor, he said.  "I'm sure it wouldnt help much if I was an asshole to you"   "you would be suprised at how people act"

after he gives me the ticket he said that I can contest it, or just go to driving school and I wont get points.  When I told him that I had no idea what to even say if I were to contest it he replied "well I just paced you and I didnt have a radar, just show up to court and defend yourself"
I couldn't tell if he was trying to hook me up by saying that.  I was really bummed out getting the ticket.

After I got to work I pulled out the ticket and read it.  There is no mention of how much $ or how many points the violation will be.  I also looked and in the "race" column he put H for Hispanic!  Im Italian buddy!   ;D

Should I contest the ticket?   If he said I was going much faster, but wrote 75 on the ticket, can I argue that I was going slower than 75.  Should I be glad he didnt write me a ticket for 90 (probably bullshit) and just pay the fine and do traffic school?  Can I make the case that I am not Hispanic, so it wasnt me on the bike  ;D

A little hooligan in me has died... it was no fun for me riding home.  I tried to go 55, but I couldn't.  I acctually didnt think it felt very safe, so I kept it at 65-70. 

Coming up one of the hills on the way home a pick-up turned left infront of me because he couldnt see me comming up the hill. There is a reason you cant make a left there!  I actually did a stoppie up hill onto the flat part of the intersection and my heart just dropped.  It scared the shit out of me!!  I almost stalled because I didnt downshift, but as I pulled up to the next light all I could think of was "make the beast with two backs motorcycles, I hate them.... WOW that must have looked so cool from the sidewalk!"  [evil]   [laugh]

I think I will take it easy this weekend, I CAN'T get another ticket until I get rid of this one.  My 25th birthday is next week and I was just about to be out of the younge stupid male bracket   :-\   I really hope this doesnt kill my insurance

At first I thought the story was going to get worse but then the cop lightened up.

If you were really speeding I would Just pay it and go to school. If you were going the same speed as everyone else or slightly faster like that 5 mph faster rule I would fight it but its a crap shoot.

I don't know the rule is now but when I went to court and if the cop does not show up they use to just throw out the ticket.

The cop sounded jaded though with his bad experience with the Yellow Duc.

Just argue he was racial profiling and your not even Hispanic  ;D

but my cop friend use to tell me they were taught to decide to give out  a ticket to someone prior to talking to the person so they would never change there mind

Go to the Court, tell them you want to fight it.  You'll have to pay for the ticket upfront but when you win you'll get a check in the mail.  If the  [leo] told you to show up and defend yourself then do it, it means he wont show up.  You dont have to prepare a speech or get a lawyer, just go on the court day and say you plead "not guilty".  If the [leo] isn't there, which he indicated he wouldn't, your case is dismissed and you're free to go.  I'd fight it, it's easy and you have nothing to lose.  Hey, the brake lever didn't work, pm me your address and i'll leave it on your bike or can deliver it back to you.  Thanks vinnie.  I just went to monroe and had them put a new one on $150 bones, faaak!

I would just like to say, for the record, it wasn't me. TCK did it! [laugh] [laugh] [laugh]

From that paragraph I would say, fight it. He gave you the key, "well I just paced you and I didnt have a radar, just show up to court and defend yourself" he was not using the radar. Plus, like the others have said, if he doesn't show your good to go.

I can not confirm or deny that these statements have any validity.  [moto]

Looks like the race for pinks on Mines is going to be an easy win this weekend.

*Side note* If I continue to pester my Pop's about your 750-four he might buy it, it was his very first bike, I just gotta catch him drunk enough to consider doing wheelies on it again :D He said he had the same one but had naked women painted on the tank.. lol.

Happy Birthday Vindingo..!!  What a story ....   [leo]  I believe you are ready for a S4RS.   [cheeky]

Ride safe.

Just fight for citation , look like he does not has speed scan on you , he 's seem sleep in the dog house lately or she does not let him own the bike  [laugh] .

Good luck for it.

Probably a good move stopping even though you probably could of fled. Sounds like you'll get out of the ticket, and if you have to go to work that way every day, the dude will be looking. Chances are he won't stop you again.

Great write up. Pretty dramatic pull-over, was there a chopper and snipers too?  :o

...glad it lightened up (somewhat) from there on.

I'd pay the ticket and do the traffic school.

If the  [leo] does show, he might allude to that yellow ducati that runs from him, and they'll make you pay for his sins.

Over here in the UK, there's no school option to avoid points: it's 3 points (minimum) for speeding, and 12 points and your license is automatically revoked. There are automatic speed cameras *everywhere* so it's pretty easy to collect points. Points stay on your license for 3 years   :'(

Sounds like the cop is a Ducati hater! When I ride in Marin,specially when I still had my M900 with loud pipes,I always kept the revs low.

Sorry to hear about you getting harassed, but yeah...fight the ticket. If that doesn't work do online traffic school...30 minutes and it'll save you points.

I'm always wary of CHP on the freeway in Marin. Gotta have an eagle eye...or just take it easy.


If it's any consolation, I pulled a huge wheelie past an SFPD motorcycle unit a couple of weeks ago. I didn't see him until the front wheel was 4 feet in the air...he was tucked in front of a parked car writing a ticket so he couldn't do anything. He gave me a stern look...I just kept the front wheel up, sort of smiled at him, and kept going....

Yeah, for some reason they've been hanging out at the north end (both sides) of the Richardson Bay Bridge on and off for 6 months. Sounds like you were cool about it. I think Warren's standard advice is to request a trial by written declaration. Basically it is like going to court without actually having to go to court. As I understand it, the paperwork on the cop's side is a PITA so it might get dropped. But I'll let anyone who's done it elaborate.

I got a ticket last year by a moto-cop. He told me flat out they were out for quota and finished with - "just go to court. Most of us don't have time to show up there."
In fact, I went, he didn't, the court threw out the ticket. It took 10 minutes total and I was out the door.

I think if you believe that was a little hint, just GO TO COURT. If he shows up, and you loose, ask the judge if you can then go to school. You don't have to say a word when contesting. The cop will go blah blah blah. You say nulla, if you don't want. Its not like a trial with witnesses and sh*t. Judge says pay. It's 0 different than where you are now.

PS I've never seen so many cops out than this week. Its like the Pres. is here or something.
I have  strong suspicion its CRACK-DOWN weekend.  [leo] Better for us - keep the drunk fools off the road for Memorial Day.

Eyes open folks!  [roll]


EDIT:
+1

He may have been indicating that he wouldn't show up for court or he may want the overtime. It's a toss up. It is true that if he doesn't show up you walk. At Long Beach traffic court you might as well try. If the cop does show up they give you a last ditch chance for traffic school.

The radar/pace issue is a non-issue. Pace is actually easier for the cop to present as the calibration of the radar/laser, his training, etc., don't come into play. He probably wrote you for the 75 because he only had you at the 90 for a very short period of time. Pacing someone for 100' vs. 1/4 mile isn't as good a case. In other words...you go to trial I bet you would lose.

The race box. Well there isn't one for Italian.  :)

 

Everyone tells me that in California, they dont drop the charges if the cop doesnt show up to court. 

I would pay the 150-200ish dollar fine, take the stupid 30 dollar Online traffic school(if your county allows it, and it takes less than 10 minutes)  and your insurance/dmv points wont go up.  They allow you to take the traffic school in lieu of points, Once every 1.5 years.  You admit you sped, you got caught...just man up and pay for it. 

Negative. If you pled not guilty, have a court date, and the cop is a no show the case is dismissed.

Don't listen to Dewey, I've gotten out a couple tickets this way.  DO NOT PLEAD GUILTY....

I have fought 2 tickets in court .one time the officer didn't show and the judge after calling my name and finding the officer was not there decided to hear more cases before ruling on mine.  3 or 4 cases are heard and he finally gives in calls my case .No cop = no ticket [beer]. The other time i pleaded guilty with an explanation  and got a greatly reduced fine, it wasn't a moving violation. 
Got o court and fight it or as Michael Moore said try the trial by written declaration. Good luck 

It's all true. I got out of a ticket for blatantly running a red light, all because the cop didn't show. The only thing you lose is time. Besides, there's absolutely no consequence for fighting it. If you have the time, go for it. Also, use up one of those optional extensions. The more time that surpasses, the less likely he is to remember you and the less likely he is to feel obligated to show up. G'luck!

I always wonder how anyone wins with the "written declaration" route. I've had a few people try that, and all it does is give me the opportunity to sit down and perfectly prosecute them. It all depends on the agency I guess. LAPD, CHP, LBPD, LASD, (read: large) it might fly, but any other agency I think you are going to be out of luck. I'd try the cop no show route first and then traffic school if nothing else.

fyi... I got tagged by the chp a few months ago. wrote up for 80 in a 55 (was actually going 147 [evil])


The court papers that I got in the mail, said I could pay the fine and not go into court. they wanted $240 something, plus the traffic school add.

I went to court, and planned on asking for a reduction in fines and traffic school. I got the reduction with out even asking. Down to $103.00 plus 35 bucks for the traffic school add. Then I went home and did a local on-line traffic school for $25.00. I took their tests (5 total), and now all I have to do is take thier final test in front of a notary public, and I is done. ( I have a friend who is one, and it won't cost anything)

I'm not sure how it is up in SF, but if you go to court.... take cash. The courts here, charge you for using credit cards or writing checks, and there are some cards they dont take. They point over to the ATM machine and say... you can get cash there, but that machine hits you with a ungodly fee as well.

The nice thing about doing a trial by written declaration is that if you don't like the verdict (you're found guilty), you can request a new trial in person.  Trial by written declaration is like a free try, no consequences if you don't get it.  You can still contest it in court.

in massachusetts , tickets stay with you longer than most people get for murder. it takes 6 years for a ticket to go away. it might help you to find out how long it takes for a ticket to exit your driving record in california. that is where your from right? i'll check your info later!
anyhow, when you go to court, see if you can make a donation to the united way or something in leu of the ticket. usually that will go over well with the prosecutor. they sit there all day every day listening to people  try to get out of tickets. don't admit guilt. thats the key. but offer to make the donation.
from my experience, if the officer doesn't show up at the initial hearing, they will set a court date and they sometimes stack up the dates so the cop will be there all day.
good luck

if it makes you feel any better, i once had a cop go the wrong way down I-95 in connecticut to pull me over. he asked me if i knew all of the other riders that went pass him at over 160mph, i said no. i got away because i never rode that fast and i was on a zx-6 where as my friends were all on zx-11's and such. another cop put a gun to my other friends head at the end of an exit ramp!!! it was a bad day. but the thing was we weren't speeding, we got left behind and it was the same situation as the yellow duc. that the cop is talking about.  we got punished for being on bikes. no fair, oh well life lesson learned.

the ron [evil].

3 years.

Maybe these were the 'we have 696s on order' cops?

the 'stickin up for 696s' Snips

;)

 ZING!! I just got that LOL...... [laugh]

the ron [evil]

thats scary fast!!! careful,  8)

the ron [evil]

Double negative, the computerized test takes a few hours because you have to read through a bunch of material before the program will let you answer the question. The upside is that you can log in and out and not have to do it all in one sitting. Then you have to go to Kinkos and take the actual exam which is about 15 min or so. I went through the material at night when I couldn't sleep. Its sort of the equivelent of traffic school time wise.

+1 if the cop doesn't show, its just your word on what happenend...

Sorry Bud.

Tickets suk.  I am lazy, time is valuable/scarce, and usually end up doing the traffic school route...

The Hooligan WILL be reborn.  It's just a matter of time (IF he hasn't already resurfaced...)

He's being a recluse now... Missed a damn near 200 mile ride completely 5-0 free...

Fast in the corners slow in the straights = Ticket free :D

I would so contest that ticket. From your description of events he is either giving you a reasonable chance to win or he wont even show. Obviously if he doesn't show, you automatically win. If he does show he basically gave you the ammunition to fight and win in court (being, the things he said and what he actually wrote on the ticket).

If you want to be more knowledgeable about how to handle these situations, get this book "How to Fight Your Ticket in California" by Nolo Press.

It is a simple read, and you only need to read the sections that are applicable to your circumstances. I have used that book on several occasions. In ten years I have been pulled over 16 times. I contested all  16 and only had to paid up once.

That one time was in Orange County and I lost because the Law and the principles of Physics in general work differently in the OC. ( What does one expect from the largest county in US history to ever file for bankruptcy) I guess the really need the money....

Good Luck my friend... [thumbsup]

Oh yeah for some help on defending yourself:

http://www.ticketassassin.com/

I dont ride one weekend in 3 months and I'm a recluse   :'(   I think Im getting rusty already.   How about a long one next weekend? 


Thanks for all of the advice everyone... I think Im gona contest it just for kicks and we will see if it works out. 

[thumbsup]

good luck! [thumbsup]

I've got a company party this weekend so no riding for me saturday, maybe a sunday afternoon ride.

Good luck..!!

Oh, boo hoo... Didn't ride for one weekend in 3 months. Wah!  [cheeky] If that makes you a recluse, what does that mean about me?! [laugh] [laugh]

Good luck with fighting The Man [leo]. Just watch out if they mention anything about bustin' rocks in the hot sun.... ;D

[quote author=Desmostro link=topic=2981.msg42367#msg42367

PS I've never seen so many cops out than this week. Its like the Pres. is here or something.
I have  strong suspicion its CRACK-DOWN weekend.  [leo] Better for us - keep the drunk fools off the road for Memorial Day.

Eyes open folks!  [roll]


EDIT:+1
[/quote]City and state are bankrupt thats elementry!

Down here in the south bay the cops are crawling all over the place. It's creepy. I saw more yesterday than Friday-Monday combined. I didn't see as many today. They were hiding in driveways, parking lots, and behind bushes. I wonder how many I didn't see?