any great Traffic Lawyers??

Sidi

Well-known member
does anyone know the name of a good lawyer for traffic issues? lets just say i had a LEO say i did one thing and i know for a fact i didn't. he didn't put down a speed i was going, he said "somewhere around xx speed" he said he paced me but the pacing was less than 1/4 mile (i just got on the freeway).

ever since i got my new bike i seem to get nailed for just about everything... my old bike i never got a ticket (been riding since i was 15 and i haven't had a ticket since 1996), then i get a new bike and i get 2 in 2 months and i don't ride it any different.....
 

Abyss

Anhedonia
It's all about how you look. When I dressed like a squid I had cops eyeballing me but funny enough, when wearing full leathers, they don't pay attention. I guess I look like I know what I'm doing.

Fast bikes get more attention. Just how it is. Dunno what you rode before but if your new bike just screams "I am a reckless mofo" then you'll be a target. Paint your bike white with plasti-dip and wear more gear and see if that makes a difference.
 

Burning1

I'm scareoused!
An R1 is going to tend to be a ticket magnet, especially if it has any equipment modifications. When I owned my 04 GSX-R, the fender kit got me pulled over an average of once a month. With my BMW, I get pulled over once a year, mostly for fairly egregiousness speed violations.

If you want to take this up with a Lawyer, I highly recommend Scotty Storey. He's worked with my wife and I for years, and has gone above and beyond on many situations. I've never been disappointed by his service.

Scotty is a member here, and a sponsor of BARF.

http://www.twowheellaw.com
 

gixxerjeff

Dogs best friend
You've been around here since 2009 and you gotta ask???
Only one answer.
Scott Story.
 
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happyrider

Well-known member
You can try to get the case dismissed but how fast did you ride? If you rode 68 on 65mph highway and are going to claim that speed in the court even the LEO put down 70+, good luck with that cause you couldnt win. I got pulled over twice for doing 70 and 75 on the left lane. I know 90% operating vehicles do >65 on freeway but if you get pulled over speeding is speeding no matter what.
I think you should just go to the court for reducing fine and take a traffic school.
 

Sidi

Well-known member
It's all about how you look. When I dressed like a squid I had cops eyeballing me but funny enough, when wearing full leathers, they don't pay attention. I guess I look like I know what I'm doing.

Fast bikes get more attention. Just how it is. Dunno what you rode before but if your new bike just screams "I am a reckless mofo" then you'll be a target. Paint your bike white with plasti-dip and wear more gear and see if that makes a difference.

i ride with full gear all the time
i had an SV-650 prior

An R1 is going to tend to be a ticket magnet, especially if it has any equipment modifications. When I owned my 04 GSX-R, the fender kit got me pulled over an average of once a month. With my BMW, I get pulled over once a year, mostly for fairly egregiousness speed violations.

If you want to take this up with a Lawyer, I highly recommend Scotty Storey. He's worked with my wife and I for years, and has gone above and beyond on many situations. I've never been disappointed by his service.

Scotty is a member here, and a sponsor of BARF.

http://www.twowheellaw.com

ya i saw his post (couldn't remember his name), but i already made the post, already contacted him, but in a IT training class right now so can't call
 
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ABC

Well-known member
California traffic defenders... I'm now 7/7 and I am at 850 Bryant as we speak filing my last ticket
 

Wumpus

Well-known member
It's all about how you look. When I dressed like a squid I had cops eyeballing me but funny enough, when wearing full leathers, they don't pay attention. I guess I look like I know what I'm doing.

Fast bikes get more attention. Just how it is. Dunno what you rode before but if your new bike just screams "I am a reckless mofo" then you'll be a target. Paint your bike white with plasti-dip and wear more gear and see if that makes a difference.

You sure it wasn't the camo pants? :laughing
 

TheRiddler

Riddle me this.
You can try to get the case dismissed but how fast did you ride? If you rode 68 on 65mph highway and are going to claim that speed in the court even the LEO put down 70+, good luck with that cause you couldnt win. I got pulled over twice for doing 70 and 75 on the left lane. I know 90% operating vehicles do >65 on freeway but if you get pulled over speeding is speeding no matter what.
I think you should just go to the court for reducing fine and take a traffic school.

22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.


The above law doesn't mention the speed limit at all. Although I'm pretty sure there's a separate law that addresses over 65 (CVC 22349). Going over the speed limit and under 65 is not, by default, breaking the law.
 
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happyrider

Well-known member
22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.


The above law doesn't mention the speed limit at all. Although I'm pretty sure there's a separate law that addresses over 65 (CVC 22349). Going over the speed limit and under 65 is not, by default, breaking the law.

I know it's reasonable for you to follow the traffic. I meant if you get pulled over,and you did more than the speed limit, and a LEO really want to give you a ticket, no matter you did 65 or 85, you cant win in court. Believe me, I tried 70 on 65 highway on the left lane and the judge just cut the fine off $40 better than nothing but guess what I went to the court in Sac and I live in San Jose.
 

jdhu

Well-known member
22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.


The above law doesn't mention the speed limit at all. Although I'm pretty sure there's a separate law that addresses over 65 (CVC 22349). Going over the speed limit and under 65 is not, by default, breaking the law.

I'm missing your point, and the bolded sentence doesn't make sense to me, even after reading it 3 times. Going over the speed limit, but under 65...what?

The point of CVC 22350 is to allow an officer to cite you for "unreasonable" (based on driving conditions) speed, even if it is under the posted speed limit.
 

jdhu

Well-known member
I know it's reasonable for you to follow the traffic. I meant if you get pulled over,and you did more than the speed limit, and a LEO really want to give you a ticket, no matter you did 65 or 85, you cant win in court. Believe me, I tried 70 on 65 highway on the left lane and the judge just cut the fine off $40 better than nothing but guess what I went to the court in Sac and I live in San Jose.

Yup. You might get a reduced fine, and you can take traffic school for non-egregious speeding violations, but 70 in a 65 is still technically speeding, and you will lose in court.
 

TheRiddler

Riddle me this.
I'm missing your point, and the bolded sentence doesn't make sense to me, even after reading it 3 times. Going over the speed limit, but under 65...what?

The point of CVC 22350 is to allow an officer to cite you for "unreasonable" (based on driving conditions) speed, even if it is under the posted speed limit.

Right, but its typically used for drivers going above the speed limit. When I was cited for 51 in a 35, the officer used that code.

There's a separate code which makes it, by default, illegal to travel above 65mph (or 55 depending on the road). So if you're over the speed limit but under 65, its not illegal based on either CVC 22350 or CVC 22349 simply because your speed was above the speed limit. If your speed was unsafe given all the other conditions, then its illegal.

(IANAL)
 

CorticalStack

MSF RiderCoach & Tourer
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Burning1

I'm scareoused!
22350 is for a prima face speed limit. Technically legal if you're going a safe speed, but assumed to be unsafe by default. Proving your speed was safe despite being above the posted limit can be difficult. There is a bunch of speed trap law that can be applied to 22350 cases, which makes them easier to fight in court.

22349 is an absolute speed limit. It's illegal to exceed this speed regardless of whether or not your speed is safe.

One key thing: If you are cited for a 22349, the violation must be based on the maximum speed for the type of road, not the posted limit. E.g. If you are doing 70 in a 45 zone on a state highway and you are cited with 22349: your violation is for driving 5 miles over the maximum limit, NOT for driving 25 miles per hour over the posted limit.
 

jdhu

Well-known member
Right, but its typically used for drivers going above the speed limit. When I was cited for 51 in a 35, the officer used that code.

There's a separate code which makes it, by default, illegal to travel above 65mph (or 55 depending on the road). So if you're over the speed limit but under 65, its not illegal based on either CVC 22350 or CVC 22349 simply because your speed was above the speed limit. If your speed was unsafe given all the other conditions, then its illegal.

(IANAL)

OK got it, thanks. For some reason, I was thinking you meant a normal 65mph road, and so what you were saying didn't make sense.
 
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