Originally Posted by
Renegade
im with him, the only way i see this sticking is if you were lasered and he was able to lock you both in quick succession, of course if this was the case then the distance at which you were locked at will differ, this info is available in your disclosure pack if you request one.
If you were caught on the radar then this just doesnt fly, either rider could simply argue he was going faster/slower than the other and the cop would have to prove you were both travelling at exactly the same speed, which he couldnt.
a line of cars travelling together dont all get a ticket for the same speed if one in the group is going slightly faster than another i.e closing up a gap, it simply cant be proved by radar, laser however can be as its an individual lock aimed at a single vehicle.
Start writing son, time to stand up and be counted.
I think you should be able to win this case easily. But try and recall what you said on the side of the road. Did the cop say something like "why were you speeding ?" If you answered in any way that could confirm be taken as an admission of guilt, you may not win the case.
If you are riding in a group, only tail end charlie should stop. I can never understand why a group stops - some kind of misguided loyalty ?. The cop can then decide to let the last guy go and chase the others, or ticket the last guy. Of course the last guy can argue he was being passed by all those bikes that didn't get tickets and was not speeding at all. Don't ever offer any kind of admission of guilt, or an explanation of any kind. Don't get aggressive, demand to see calibration certificates etc etc.
Cop: "Why were you speeding ?"
You: "Are you going to give me a ticket ?"
Cop: "Yes you scummy biker"
You: "How fast do you think I was going - May I see the radar reading please ?"
Take the ticket politely, don't give the cop any reason to think you will be defending it, or he will make a better job of his roadside notes. At that time and place, all the odds are in his favour.
If you fail the attitude test big time, the cop can just claim you did a wheelie or were racing etc. He can take your licence and bike off you on the spot, without worrying about little inconveniences like the truth, courts or any of that rubbish.*
In my experience, and contrary to many of the reports on here, the court is not like that, they bend over backward to be unbiased.
I have always taken my tickets to court, (although its been a few years now, I have certainly taken my foot off the gas) and I have found:
- A good number of tickets just go away. The cop may have left the force or bee transferred to another area, or out of traffic, or the boss may look at the ticket and say "you are a moron Constable, have you read what you are trying to do here ?"
- The court is not on the cops side. I have had a judge tell a cop he wonders why they think they can waste the accused time "with such rubbish"
- The court may impose a fine less than the on the spot fine. I have never had a court impose a higher penalty, except for the $30 court fee.
You don't need to show you were not speeding. All you have to do is show the measurement was actually, or potentially unreliable, and the court is likely to find in your favour.
Remember - regardless of the police official line, it is about money, and they are expected to deliver a quota. They dont get the quota on the days they are waiting for court.
*As an aside... most cops by a massive margin are just trying to do the job honestly, and for the best reason. If you really were doing the crime, maybe you should just pay up !
David must play fair with the other kids, even the idiots.
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