Author Topic: Help me fight a lane splitting ticket.  (Read 12178 times)

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Offline Gypsy JR

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Re: Help me fight a lane splitting ticket.
« Reply #50 on: December 21, 2011, 11:07:49 am »
I apologize for the bluntness and tone of my previous post.

But I stand by the message.

Too many of my fellow Americans, many of whom have never served the Nation appreciably, think when they break a law and are caught, the law must somehow be unjust or immoral.

We Americans have shed far too much blood to protect not just individual freedoms, but the rule of law and individual responsibility, to accept those kinds of attitudes. And yet we, as a society, seem to do exactly that, to our detriment.

So forgive me if I offended you, with my written word, that was not my intent.
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Offline astros50

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Re: Help me fight a lane splitting ticket.
« Reply #51 on: December 21, 2011, 11:50:18 am »
Very good and insightful information, from everyone. Perhaps I'll rethink my position of fighting the ticket.

I will, however, continue to work for the right to split lanes or "filter forward" as I continue doing it to this day and feel safer in doing so. Remember, I only do this when approaching a stop light, all cars are stopped, and only when safe.

Thank you all for contributing!

Man.... Head to court just in case the officer doesn't show. If he shows then you can still plead guilty. It's no different than just paying the ticket outright. It could be worth it to save you a couple a hundred bucks.
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Offline Cap'n Bob

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Re: Help me fight a lane splitting ticket.
« Reply #52 on: December 21, 2011, 12:00:24 pm »
Very good and insightful information, from everyone. Perhaps I'll rethink my position of fighting the ticket.

I will, however, continue to work for the right to split lanes or "filter forward" as I continue doing it to this day and feel safer in doing so. Remember, I only do this when approaching a stop light, all cars are stopped, and only when safe.

Thank you all for contributing!

Man.... Head to court just in case the officer doesn't show. If he shows then you can still plead guilty. It's no different than just paying the ticket outright. It could be worth it to save you a couple a hundred bucks.


I don't know if it's different down there or not. But a lot of  times in court, you can plea bargin with the officer for a lessor charge. Normally something that doesn't show on your licence. Although the finds tend to be the same. It isn't hard to figure that the main idea is income for the town. Although I'm sure some officers want to do the right thing. It winds up being more about town funds than public safety (IMO of course).

Offline S Smith

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Re: Help me fight a lane splitting ticket.
« Reply #53 on: December 21, 2011, 12:12:53 pm »
Very good and insightful information, from everyone. Perhaps I'll rethink my position of fighting the ticket.

I will, however, continue to work for the right to split lanes or "filter forward" as I continue doing it to this day and feel safer in doing so. Remember, I only do this when approaching a stop light, all cars are stopped, and only when safe.

Thank you all for contributing!

Man.... Head to court just in case the officer doesn't show. If he shows then you can still plead guilty. It's no different than just paying the ticket outright. It could be worth it to save you a couple a hundred bucks.


I don't know if it's different down there or not. But a lot of  times in court, you can plea bargin with the officer for a lessor charge. Normally something that doesn't show on your licence. Although the finds tend to be the same. It isn't hard to figure that the main idea is income for the town. Although I'm sure some officers want to do the right thing. It winds up being more about town funds than public safety (IMO of course).

It's not always about town revenue generation.  Around here you first meet with the DA or ADA and they have the ability to drop charges or plea bargain, with many cases resolved with no points and a verifiable donation to one of several charities
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Offline Sport Rider

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Re: Help me fight a lane splitting ticket.
« Reply #54 on: December 21, 2011, 01:02:53 pm »
here in NC, my Improper Passing ticket was reduced by the DA to "Improper Equipment" after I took a defensive driving course.  "Improper Equipment" being my brain!   :))

Offline Gypsy JR

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Re: Help me fight a lane splitting ticket.
« Reply #55 on: December 21, 2011, 02:34:27 pm »
here in NC, my Improper Passing ticket was reduced by the DA to "Improper Equipment" after I took a defensive driving course.  "Improper Equipment" being my brain!   :))

I have that improper equipment problem too. Many times.

My favorite recent one was when I got a speed camera ticket (non-police, $40 and no record of it). I saw the sign (speed camera ahead) and saw it flash the car 8 or 9 car-lengths in front of me. But brain failed to brake hard enough, and I was 1 mph over the trigger speed. So 1 mph cost me $40 but I got a smoking picture of myself with the front end diving down and the bike starting to squat under hard braking. It just wasn't enough.

EDIT: I have since applied PhotoBlocker to my motorcycle and car plates, and been flashed by 3 different speed photo radars and not gotten a single letter demanding payment. Not to mention, spraying PhotoBlocker on your plate is not illegal, because it does not prevent the police from reading your plate, nor does it obscur the plate to police car mounted video equipment. But since most photo speed radar is a) commerical, not government, and b) has to use a flash to get a good picture due to the movement of the picture etc. etc., it doesn't break any laws because there is nothing in Maryland Motor Vehicle Code which says you cannot defeat photo speed radar.

« Last Edit: December 21, 2011, 02:39:56 pm by Privateer »
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Offline Cap'n Bob

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Re: Help me fight a lane splitting ticket.
« Reply #56 on: December 21, 2011, 03:17:29 pm »
OK John. I've never heard of it. What is photoblocker? A film, spray, cover? How does it work? is it pricey? Info, more info please!  ;)

Offline ChipDoc

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Re: Help me fight a lane splitting ticket.
« Reply #57 on: December 21, 2011, 03:25:49 pm »
PhotoBlocker has been around for years.  Seems to work, though I haven't tried it myself.

http://www.photoblocker.com/

Offline Cap'n Bob

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Re: Help me fight a lane splitting ticket.
« Reply #58 on: December 21, 2011, 03:30:43 pm »
PhotoBlocker has been around for years.  Seems to work, though I haven't tried it myself.

http://www.photoblocker.com/




Thanks!

Offline Rev Ryder

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Re: Help me fight a lane splitting ticket.
« Reply #59 on: December 21, 2011, 05:40:31 pm »
Asto's correct.  The ticket is not criminal so a jury trial is not a right. 


In Texas any moving traffic violation is a Class C misdemeanor and is handled under Texas Criminal Procedural Law.  Ask for a trial by jury and you will get it. 

THis from the Harris County webpage
Quote
Information about Traffic Cases
Options for Responding to a Traffic Ticket

Criminal Jurisdiction

Justices of the Peace have original jurisdiction in criminal cases punishable by fine only, or punishable by a fine and a sanction not consisting of confinement or imprisonment.

Criminal procedures for cases that are within the criminal jurisdiction of the Harris County Justice Courts are found in Chapter 45 of the Texas Code of Criminal Procedure.

The Rules of Evidence governing the trials of criminal actions in the District Courts apply to a criminal proceeding in the Justice Courts.

The Harris County District Attorney prosecutes traffic cases filed in the Harris County Justice Courts.

The Harris County Justices of the Peace have promulgated Local Rules. You may view the Local Rules at each Justice Court.

Rights of Defendants

If you are accused of an offense within the jurisdiction of the Justice Court, you have certain rights.

You have the right to see the complaint or citation that has been filed with the court.

You have the right to a trial by jury, but you may waive the right to a trial by jury and be tried by the court.

You have the right to be represented by an attorney of your choice. You are not required to be represented by an attorney. An attorney may make an appearance on your behalf.

You have the right to remain silent and not to give evidence against yourself. You may waive this right and discuss your case with a prosecutor in an effort to dispose of your case without trial.

First Appearance in Court

Your traffic citation or summons will specify a date and time on which you are required to appear in court.

At the time of your first appearance, you will be identified as the defendant, and you will be asked how you plead to the offense with which you are charged.

Pleas are "not guilty," "guilty," or "no contest."

If you plead not guilty, your case will be set for trial. You may waive your right to a trial by jury and have the case heard by the court. At your request, the court will subpoena a witness on your behalf, but you must furnish the court with the name, address, and telephone number of each witness prior to trial. You may be required to attend a pre-trial conference.

If you refuse to enter a plea, the court will enter a plea of not guilty for you, and your case will be set for a jury trial unless you waive that right.
If you plead guilty or no contest, the court will find you guilty and assess a fine as punishment. A plea of no contest has the same result as a plea of guilty, but it may not be used against you in any civil proceeding that might arise from the incident leading to your arrest.

If you are pleading guilty or no contest, you may present any evidence or documents to the court in connection with the offense and you may explain any mitigating circumstances that may affect punishment.

If you are unsure about how to plead, do not hesitate to enter a plea of not guilty.

The court may be required to provide you certain notices, and it is your responsibility to notify the court of any change of address.

If You Do Not Want To Appear In Court

Pay the Acceptable Fine Online

For most offenses for which a citation has been issued, fines can be paid online by using the Harris County Justice of the Peace Courts' website. Online payments may be made until 11:00 p.m. on the appearance date shown on your ticket.  Unless a warrant has been issued ordering your arrest, an online payment may also be made after your appearance date until at least five (5) business days before a scheduled trial date.

Pay the Acceptable Fine in Person or by Mail

If you do not want to appear in court, you have the option of paying your fine by mail or by paying in person at the Justice Court as directed on your citation or summons. Before the time you must appear in court, mail or bring to the court a Traffic Citation Reply Form together with your payment of the acceptable fine. The acceptable fine amount will include the court costs for the offense with which you are charged.

If you are paying by mail, you must pay by cashier's check or money order, payable to the Harris County Justice Court. If you are paying in person, you may pay your fine in cash, by cashier's check or money order, or by credit card.

Payment of the acceptable fine constitutes a finding of guilt in open court as though you had entered a plea of no contest.

Enter a Plea of Not Guilty by Mail

Before the time you must appear in court, you may mail or bring to the court a plea of not guilty using the Traffic Citation Reply Form. The court will set your case for a jury trial. If you notify the court that you waive your right to a jury trial, your case will be set for a trial by the court. You may be required to attend a pre-trial conference.


Don't tell a guy in Texas who's had as many tickets as I have he can't have a jury trial.   :(
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Offline Gypsy JR

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Re: Help me fight a lane splitting ticket.
« Reply #60 on: December 22, 2011, 01:17:19 pm »
OK John. I've never heard of it. What is photoblocker? A film, spray, cover? How does it work? is it pricey? Info, more info please!  ;)

Its a spray, really just a clear acrylic like you'd clear coat a car with. Amazon has it (search PhotoBlocker) and thats where I got mine. Not very expensive. The spray can will easily do your bike and one or two cars.

I put three coats on my bike plate. Cleaned it very well first, then a very thin coat and wait 10 minutes, then a good coat and wait 15 minutes, and then a final good heavy coat with the plate laying flat on a carboard box. When it dried, it was smooth as glass, and I tested it by trying to take a picture with my digital camera (it uses the flash in the shadows inside my garage, even with overhead lights on) and all I could see of the plate was a big white ball of light obscuring the plate numbers, and even the handicap symbol.
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2016 Harley Davidson TriGlide Ultra (Rushmore)
2017 Forest River Flagstaff Super-V 27VRL travel trailer
Where are you? [insert random forest name]