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Trouble
was it a statie, or that Addison County Deputy that has been writing up senior citizens for running the new 3 & 4 way stops in Monkton
does sound like you were profiled as a squid sportbike rider
from all the reports I've heard, LEOs are getting too many calls for accidents
It was a statie. Officer Boster (or Buster, I couldn't tell on the ticket). I feel I was definately profiled - and he half admitted to it on the side of the road. I sort of got the feeling that after he pulled us over that he realized that we weren't a couple of hooligans and decided to not to read us the riot act. 17 is a curvy winding road that leads to a mountain pass with more curves. I expect he knew we were out for a joy ride on a Friday afternoon and were probably going to be going fast. If he had been sitting on the side of the road and clocked me for speeding it wouldn't have been an issue - I'd pay the ticket, admit I did wrong, and move on.Quote:
Originally Posted by RandyO
Well put. Oh he wanted us, that is for sure. He came flying up behind us like we were standing still. I expect that we startled him when we pulled over so quickly because he came mighty close to the other riders rear tire as we were stopping.Quote:
Originally Posted by Danno
I sort of figure he was trying to do his job - keeping the roads safe. Fair enough. I just don't think he went about it the right way (pulling us over for an incident that he didn't witness and therefor has no right to judge in my book). A written warning would have seemed more appropriate and had the same effect on me.
Here is the law. Unless the officer took a written SIGNED statement from the truck driver not " oh well the truck driver told me..." and he didnt see the incident then it will NOT hold up in court. Like others have said walk into court and ask the officer what he saw. If he doesnt lie then ask him where is the truck driver or his written SIGNED statement...whenhe stumbles on that then ask the judge/magistrate to throw out the ticket as there is no evidence that can support you made an illegal/unsafe pass.
Quote:
Originally Posted by BostonSVkid
he does not need a signed statement, in fact a signed statment does him no good
if the state wants the truckdrivers testimony, they have to subpoena him and get him in court, you can't cross examine a statement
this is VERmont, there is no such thing as a magistrate
A written statement IS as good as a person being in court unless the person GOING to court is smart enough to demands he/she is able to confront/cross examine their accuser.Quote:
Originally Posted by RandyO
Oh and I said JUDGE/Magistrate meaning ONE OR THE OTHER!
Do you really just look to prove people wrong? If so dont bother posting.
Doesn't work that way in Vt.Quote:
Originally Posted by richw
No ADA to talk too.
Maybe it is a good thing to voice your concerns in court.
That way you can show that not all sportbike riders are young punk idiots.
don't post stupid shit that ain't true and you won't get corrected, written statement shenanegins may work in a massachusetts magistrates court. but were talking about a state where you go directly to a real courtQuote:
Originally Posted by BostonSVkid
as someone who is in court on a regular basis as an expert witness, I can tell you, the diarrea is flowin off your keyboard
we're all hooligans on bike. dont lie. we should all ride to the station and pre-paid fines every time we go out and somehow keep all the LEOs off our back instead of argueing no he didn't catch me at the right moment... blah blah... fuck you no fuck you... slurp.. :deathslap:
Trouble,
The state boys are just very aware of the riding that is going on up in the Gap nowadays, and wanted to catch you with your hand in the cookie jar.:mecry:
Contesting the ticket, preparing for trial is the only way to go on this one.
The backlog since it is a state boy is 9-24 months out.:fyi:
The last ticket I contested from a Statie was scheduled 22 months later and he was a no show anyways, so I won by default.:party:
Holy crap! That's some back log! I was sort of hoping to have a court date some time this winter to get it over with. Well, I guess I have plenty of time to take the photos of the stretch that I passed on.
Quote:
Originally Posted by TIMMYDUCK
22 months for a traffic violation:mope:
I had a traffic violation go 19 months here in NH, when I got the court notice, I made a motion to the court to dismiss on 6th amemdment rights to a speedy trial, motion granted
like I said right from the beginning, the cop knows that there is no way to make the ticket stick if it's contested, they are just hopin that the ticket will be paid cause that's the easy thing to do
Randy, i learned that 6th amendment applies to criminal case only. i think you're just lucky you got off on that is because that judge must be bored and easily impressed whether it's facts or not.Quote:
Originally Posted by RandyO
it was getting close to lunch timeQuote:
Originally Posted by Kham
what was really funny was the prosecuter telling the judge that all the previous cases that morning were just as old, judge said yes, but none of them made the motion
http://www.motorists.org/ldk/ Not sure if this is worth the price or not since I have never used it, but I have heard it is full of little tricks and loopholes to help get rid of tickets.
I might look into it soon when I go to contest my ticket.
+1 I was going to make that point. You can pass on a double yellow, it is ill advised only..Quote:
Originally Posted by Mr Bread
Even if his "Buddy the truck driver" was a witness. I doubt he would show to court as a witness. Also the truck driver is only giving his opinion as to what is safe of not. He is not in law enforcement.
He would further have to substantiate where exactly he claimed you passed.
If the cop did not see it happen, he would have no way to even know if the truck driver pulled over to let you pass.
So that leaves you with did you pass? Yes.. Where? On a straight away..When the cop pulled you over was it for speeding? No? Well how would a cop catch up to you if you were in fact doing something stupid..
Fight it!!
I'm not sure that's accurate. Regardless, I've heard of the 6th Amendment argument working on several occasions. I've even heard of traffic lawyers using the tactic of continually delaying the trial until enough time has passed that they can use the 6th Amendment argument.Quote:
Originally Posted by Kham
It's interesting to note that in New York, points from a ticket are apparently not assessed until the case has gone to court (or the ticket has been paid), and they expire 18 months from the date of the ticket. In Vermont, I believe it works the same way, except that the points take 24 months to expire. So if your case is backlogged for 22 months, you wouldn't end up with the points on your license for very long at all.
--mark
i asked couple lawyers and they said the same thing. im currently taking a class with one right now. im still not sure either.Quote:
Originally Posted by markbvt
I remember specifily the judge asking me if I had made motions for any of the continuances, which I could say no thankfully, I don't think he would have granded the motion, the state had requested 3 or 4 continuances, mostly due to the old courthouse being closed and scheduling conflicts even though the new courthouse had 4 courtrooms instead of the 1 in the old courthouseQuote:
Originally Posted by markbvt
regardless, I'd seek dismissal on 6th ammendment the judge can say no, it only applies to criminal, or he can chose to ignore that interpretation of the law and grant the dismissal, is the state going to appeal his decision to a higher court for a traffic violation ?
Cops lie!
KB
Take it to court- you should have a good chance of having it dismissed.
Sounds like you were going too slow John Boy...letting a cop track you down on 17?!
You should have been waiting for him at the top!
;)
Luckily we had cought up behind another car so we were going the speed limit. I don't think the officer even noticed the car, so as far as he knows we were just being good little boys.Quote:
Originally Posted by MotoFreak
Shhh. This'll be our little secret!
wait wait... it was a chase down? he had to have pass the slowass truck to catch up. correct? what was the reason for chase down?