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choppedxs
31st May 2006, 10:00
Just after some advice. Was caught on Sunday afternoon doing 102 in a 50 zone. Must have only been doing it for a fraction of a second as when I looked at my speedo when the mufti police car lights went on I was doing 70. He took my license off me for 28 days and issued me a green traffic offense form and told me I would be looking at minimum 6 months loss of license and fine.
My only defense is that the road was clear (which the cop also said) and that I blipped the throttle on my new bike (only had two months and haven't ridden much due to winter conditions) and it accelerates a lot faster then my 250 (have a 650). I braked after accelerating but too late (did not brake due to mufti cop car). Tried to explain this to cop but he didn't want to know. I have two weddings coming up to pay for (gettting married twice once here and once in Europe) and my partner has no license so having no license screws me and her. Her parents are also travelling over from Europe and I have a road trip planned to show them around NZ - I guess not anymore.
I am going to sell the bike as too easy to speed. Should I write a letter and explain situation or just wait for court case. Should I get a lawyer or just plead the judge myself?
Any ideas much appreciated. I know I messed up but its a big penalty for 1-2 seconds bad judgement.
Cheers

Edbear
31st May 2006, 10:12
102 in a 50 zone is pretty hard to excuse. Appreciate you take responsibility for your actions, though. About all you can do now, is grovel! A well written letter accepting your responsibility and explaining your circumstances may help. By the way, did I mention, grovel?

cowpoos
31st May 2006, 10:15
basically you made your own bed....now ya have to sleep in it....sorri dude.....but shit happens....

Two Smoker
31st May 2006, 10:18
Best thing to do now, is to wait the 28 days then get a limited licence... That will help out for work and transporting your missus around... Dont sell the bike either... you just have to pick the right spots... and wait for 100kmh zones...

Lou Girardin
31st May 2006, 10:26
There are different elements to a charge of dangerous as against straight speed.
Was it a built up area?
Were there peds nearby?
How much traffic was around?
Weather conditions?
How long was the speed check over?
You may also be able to plea Bargain down to a careless.
Get a lawyers advice.

choppedxs
31st May 2006, 10:31
Weather condtions were slightly overcast but dry. Was a built up area but on one side of road only, empty park on the other side. No intersections or off roads, no traffic or predestrians and have no idea how long the speed check was over but can't have been long. When do you plea bargain, before the case or at the court case?

ZeroIndex
31st May 2006, 11:00
leave the country before the court date..

marty
31st May 2006, 11:00
have no idea how long the speed check was over but can't have been long.

and therein lies your biggest problem. not knowing you were doubling the speed limit is an issue. you can't really argue it wasn't dangerous, when you didn't know how fast you were going in the first place.

Str8 Jacket
31st May 2006, 11:02
leave the country before the court date..

Then he wont be able to get back in without paying the fine in full.

marty
31st May 2006, 11:03
Best thing to do now, is to wait the 28 days then get a limited licence... That will help out for work and transporting your missus around... Dont sell the bike either... you just have to pick the right spots... and wait for 100kmh zones...

the 28 day roadside will last for 28 days, then any subsequent disqualification (6 months mandatory on a dangerous driving) will have to wait another 28 days before you can apply for a limited licence. you can ride between the roadside suspension running out and the disqualification starting, unless you have a bail condition that forbids you to drive.

Two Smoker
31st May 2006, 11:17
the 28 day roadside will last for 28 days, then any subsequent disqualification (6 months mandatory on a dangerous driving) will have to wait another 28 days before you can apply for a limited licence. you can ride between the roadside suspension running out and the disqualification starting, unless you have a bail condition that forbids you to drive.

I stand corrected... :niceone:

Rashika
31st May 2006, 11:31
bummer matey...
Where abouts was it? 102 kms is a bit extreme, not to mention stoopid, in ANY chch 50km zone

errr... welcome to KB chch anyway...shame about the circumstances

Da Bird
31st May 2006, 11:36
Then he wont be able to get back in without paying the fine in full.

Not to mention the Warrant to Arrest that will be issued as well... that would be a good look at the airport, wouldn't it???

Only way you can really get out of the disqualification is under "Special circumstances"... this means you need a really, really, really good reason for doing the speed, or for not being disqualified (or both) and you generally will need a lawyer to argue your case. I've seen some pretty wimpy excuses get people off disqualification but not without using a lawyer.

BC.

ZeroIndex
31st May 2006, 11:44
Not to mention the Warrant to Arrest that will be issued as well... that would be a good look at the airport, wouldn't it???

Only way you can really get out of the disqualification is under "Special circumstances"... this means you need a really, really, really good reason for doing the speed, or for not being disqualified (or both) and you generally will need a lawyer to argue your case. I've seen some pretty wimpy excuses get people off disqualification but not without using a lawyer.

BC.
i forgot about that.. :Oops: yup.. try for the special circumstances thingy.. but other than that, you're pretty screwed.. I got caught in apparant "boy-racing" 2 days into the country following some people i had just met.. lost licence for 6 months, car for 28 days etc..

I learnt my lesson: Cars suck

spudchucka
31st May 2006, 12:16
When do you plea bargain, before the case or at the court case?
Generally at a court hearing. If you have a lwayer acting for you they might contact the officer in charge or the prosecuting Sgt prior to court and suggest that a charge of dangerous driving would be defended but a charge of careless might attract a guilty plea.

madboy
31st May 2006, 12:56
What Spud said, get your lawyer to talk to the prosecutor. Best case scenario I would have thought would be a careless. Either way your license should be toast for a while.

As far as lawyers go, you need one. You can either gamble with taking the duty solicitor of the day (free) or you can plonk down hard earned money, that you don't sound like you have to spare, on a competent one.

With a modern 600cc sportsbike doing 0-100 in 3 sec flat, I can fully understand how you can blip the gas and get 102 really quickly and without noticing. I won't pretend I've never done it (or more). But then I would have been very hesitant to stop and lose my license, and even more hesitant to not ride/drive for however long. I can't advocate illegal activity, but think what the odds are you'll get pulled over if you're NOT doing anything wrong? It's another gamble really, just like the one you took when you blipped the gas.

Str8 Jacket
31st May 2006, 13:05
Not to mention the Warrant to Arrest that will be issued as well... that would be a good look at the airport, wouldn't it???


Part of my job is to issue those WTA's... Oh the power!

Lou Girardin
31st May 2006, 13:56
Weather condtions were slightly overcast but dry. Was a built up area but on one side of road only, empty park on the other side. No intersections or off roads, no traffic or predestrians and have no idea how long the speed check was over but can't have been long. When do you plea bargain, before the case or at the court case?

You may have a chance at defending it if this is the case. See a lawyer.

chickenfunkstar
31st May 2006, 15:45
SV's can be a bit like that sometimes. If I had a dollar for everytime i've come out of a corner and the bike just dared me to keep the throttle on and rev it out... Take the bike into the country more often, you'll find less of a need to speed around town.

Doesn't really help the situation now though.

cruxis
31st May 2006, 22:15
Looks like you gonna get disqualified. So what are you gonna do for transport? Take a risk and Get a scooter to runabout on. Something you cant "accidently" speed on. Something that reduces your risk of getting pulled over while disqualified. But if you do get caught riding while disquailfied well...... :bye:

scumdog
1st June 2006, 01:27
The first 28 day thing you'll have to wear, after that you could ask for adjournments (to prepare case etc) to delay the inevitable until the time you NEED your licence (the road trip etc) has passed.

Lou Girardin
1st June 2006, 08:08
Been there, done that. I fought it and lost (on better grounds than you have) and ended up with more than the minimum. I got 9 months disqual plus a $1000 fine, for my trouble.

Two words.

Your Fucked.

If I recall, you were doing 2 1/2 times the limit for an extended distance, were you not? There's no way that could be construed as momentary inattention.
He may have more chance than you did.

Beemer
1st June 2006, 09:45
102 in a 50, even if you did hit the picks and slow to 70, sorry, you are screwed and rightly so! They could argue that on a Sunday afternoon there are often more people out and about and you could have easily hit someone.

Yes, we've all been guilty of speeding at times, but I really am finding it hard to have much sympathy for you if you admit you were doing double the limit when you saw the cop.

Try fighting it, you'll line a lawyer's pockets and then the court's and you'll more than likely still be walking. Take it like a man and stop whingeing!

Ixion
1st June 2006, 09:57
I must admit that i have some sympathy if the 102 was indeed momentary. I find a similar problem on the two strokes. If I filter to the head of a traffic line, I want to get away smartish and distance myself from Sammy Smallsword in the front cage. But on a two stroke, cos of the way the power band is, if I even just go hard enough in first to stay in the band when I change to second, then short change the rest up to top, by the time I have a chance to look at the speedo I'm often doing 70 or 80. Sure I brake and pull it down , and it's never been over the 100 (that I've noticed) but I can see it happening without the rider being a scorcher. It is pretty hard to get that clearance and still stay under 50kph, especially when Sammy is determined to show you how much power his Wankmobile 2000 produces.

Limb
1st June 2006, 13:26
Well at least you did one thing right. You got a SV650 instead of a GT650 hyosung :yes:
Otherwise you would of got stung 4 120KMPH:yeah:

ZeroIndex
1st June 2006, 15:40
Well at least you did one thing right. You got a SV650 instead of a GT650 hyosung :yes:
Otherwise you would of got stung 4 120KMPH:yeah:
ooooh, BURN!! :D

Limb: how was the coro loop with your son the other day?

hsvboy06
1st June 2006, 18:11
...I blipped the throttle on my new bike (only had two months and haven't ridden much due to winter conditions) and it accelerates a lot faster then my 250 (have a 650).
Oh please... I went from a FXR150 to a SV650 and I've never had a problem with it going that fast without me noticing, even for a moment. Sure, as someone else said, it's begging me to do it all the time, but I'm the one twisting the throttle - I'm the one in control. If you can't control the speed of you bike, perhaps you shouldn't be riding it. Sorry - no sympathy from me.

Limb
1st June 2006, 18:14
ooooh, BURN!! :D

Limb: how was the coro loop with your son the other day?

Good thanks zeroindex. I was amazed at how quick freerider was throwing his bike around some of those corners.

Indoo
1st June 2006, 20:45
You may have a chance at defending it if this is the case. See a lawyer.

Yep although you will have to weigh up the cost of that too. Professional liars often end up costing more than the actual penalty itself.

Your not going to get off at that speed, unless there is a major flaw in the Police case, ie non calibrated radar etc which is extremely unlikely. Your best bet is to try and get the charge reduced to exceeding 50kmh rather than dangerous speed. That way you admit that yep you were speeding but it wasn't endangering anyone other than yourself, ie no other traffic, wide road, no peds, no intersections, no side streets, no parked cars and a non-residential area.

Write in and see if you can get it reduced yourself.

SPman
1st June 2006, 20:52
I must admit that i have some sympathy if the 102 was indeed momentary. I find a similar problem on the two strokes. If I filter to the head of a traffic line, I want to get away smartish and distance myself from Sammy Smallsword in the front cage. But on a two stroke, cos of the way the power band is, if I even just go hard enough in first to stay in the band when I change to second, then short change the rest up to top, by the time I have a chance to look at the speedo I'm often doing 70 or 80. Sure I brake and pull it down , and it's never been over the 100 (that I've noticed) but I can see it happening without the rider being a scorcher. It is pretty hard to get that clearance and still stay under 50kph, especially when Sammy is determined to show you how much power his Wankmobile 2000 produces.

Now - try it with a 1000 sportbike. I found I regularly hit 80-100 away from the lights just too darn quickly. It took a great deal of care to avoid doing it.
Then again, of course, there were times I didnt really give a damn!

Lou Girardin
2nd June 2006, 08:10
Yep although you will have to weigh up the cost of that too. Professional liars often end up costing more than the actual penalty itself.

.

Eggsactly, that's why you guys get away with so many shoddy tickets. One law for all? One law for the wealthy, more like.

choppedxs
2nd June 2006, 16:18
Thanks for all the advice. I am going to write a letter asking for careless driving instead of dangerous driving and see how I go. If they say no then i'm no worse off as am not denying guilt. Will elt you all now how it goes. Enjoy yourselves out there and think of me riding the bus before opening that throttle wide!

XP@
7th June 2006, 11:12
I managed to get off 111 in a 50. I thought i was in a 70 zone, and I just happened to click on the counter steering thing as I was going round that bend so exited a lot faster than planned.

Legal reason was uncalibrated radar. It took the skills of a wellington lawer called Des Deacon ($500) so save my day.

I also planned to mitigate my case by buying and reading MC riding skills books and between the end of my initial 28days and the day in court that never happened sitting an advanced riding course and finaly going to the extreme of swapping my 750 road bike for a slower 650 dual purpose bike. My riding has changed a lot since, the experience has probably saved my life a few times...

inlinefour
9th June 2006, 03:27
Everyone has sped at some stage or another who owns a semi-decient sport bike. Its very easy to go faster than intended, I just go by the gear Im in these days and if Im in town its a rather boring riding the CBR. Bugger about getting busted dude, hope it all works out for you.