2 words: Good Luck!

You are not going to win this one.

 

I don't see why not, the cop can't give you a reckless ticket if he didn't see what you were doing to be reckless. I know he didnt see me becuase i know for a fact i was not going over 20 mph and he said i was going much faster. I have 2 witness's stating the cop was behind a building and didn't see me. He just heard my exhaust got excited and literally screeched out into my path.

Ill keep you guys updated. But right now i just want my bike back.

 

I argue this topic almost every other day on this god damn site, I don't think people realize the type of POWER cops have.

I assume the witnesses are your friends.... well, you can go ahead and throw those witness statements out the window b/c they mean nothing when you are talking about fighting a case where you are telling the justice system it's full of ****. (And yes, a cop is an extension of the justice system) Your witnesses are considered "bias" witnesses, which means their statements will naturally be in your favor. Now, if at that time you were able to find a witness who was just a bystander, never met you, doesn't know wtf was going on, just happened to be walking by then THAT witness would be credible b/c he/she has no reason to lie one way or the other.

As for the 2nd part of your story, I don't get it. You say the cop didn't see you do anything. But then you say you were going less than 20mph, but the cop says you were going faster than 20mph. Were you on 1 wheel or 2 wheels? I'm going to assume you were on 1 wheel doing a "controlled" wheelie but you are arguing that the cop said you were hauling *** in a wheelie vs. you saying it was controlled?

Either way, it's the same as a noise violation. Your neighbor could call the cops and say you were having a party and loud as ****. But when the cops show up, the house is dead silent and everyone left. Now an A-hole cop CAN give you a noise violation but typically they will be pretty cool about it... bottom line the reason why they can give you a ticket is b/c of Probable Cause and the complaint from the neighbor is more than probable cause for a cop to issue a citation or summons.

Also, at the beginning of this post you said the cop warned some other kids earlier... well I'm going pretty much guarantee there was a complaint earlier, so the cops responded. Now that you were guys were there (and you can consider that just being in the wrong place at the wrong time) there was probably ANOTHER complaint, and even if their wasn't a complaint the cops were probably already scoping the place out.

 

I didn't read your novel, just the first sentence..

But, my response, I don't think you know the power money has in the law system..

Money + lawyer goes a long long long way.. I'm sure you know this though


Every time I've been to traffic court, its been the SAME thing. Everyone without a lawyer, gets their full charge. 75% of the people with a lawyer, gets their charged COMPLETELY dropped, and the other 25% with lawyers get their charges dropped to a lesser charge..

I've had a few tickets COMPLETELY dropped, serious tickets too. Still only have a turn signal violations on the record :YEAH


It's all money. I bet, even if I knew more about law then any lawyer in my state, that if I went in alone, I couldn't get my charge dropped. Simply blowing hundreds/thousands on a lawyer, and the charges magically drop

 

Getting a lawyer is ALWAYS beneficial, especially when you battle with the DA. But the fact is most of us don't have the money to get a lawyer, and when we do need a lawyer it's typically for reasons greater than a reckless and some impound fees. If he does get a lawyer, then he stands a chance, but going in alone on this one he will get chewed up and spit out.

 

He was trying to make it seem like he saw me, but he just heard my bike. I know he didn't see me or else he would not have said that i was going faster than 20, because i was not. And yes I was on 1 wheel. I might have gone a little higher than 20 when i brought it down.

I don't have money for a lawyer unfortunately.

 

Sorry man, but facts are facts. You were stunting on an open road, where people had already been kicked out of, and you were driving recklessly. You don't have much of a leg to stand on.

If you really wanted to fight it by yourself here is what I'd do:

1) Go ahead and get your witness statements ASAP. DO NOT WAIT!!!

2) using a video camera record traffic on that road for a duration of say 3 hours. On a piece of paper, literally write down how many cars drove by and in what direction (southbound, northbound, etc) Your video camera should confirm your readings

3) Take pictures of the area where the cop came from. Take the pictures as if you were the cop.

4) Video tape yourself stunting. Don't do anything other than the slowest, most controlled wheelie you can. Make sure there is NO BODY STANDING in the background.

5) Find statistics containing motorcycle fatalities due to speeding, stunting, etc on public roads that are heavily populated or congested. You want to try and show that you are being responsible by doing this sort of thing at a contained area. (Just as drag racers, road racers, etc do)

This is what I would personally do, but this is a Catch 22. It may work, it may incriminate you more. I'm pretty good at bullshitting so for me personally I feel I could talk to the DA and present my side of the story compassionately. Wear nice clothes, slacks, dress shirt, tie. The DA is your friend and worst enemy at the same time, so KISS THIS PERSONS *** BIG TIME while you were in there. Your whole goal is to plead your side of the story, and prove that you are trying to just do your own thing and bother no one.

 

Hey man thanks alot. This will really help me out.

 

I did I wheelie on the streets and got a ticket.....wahhhhhh

 

HAHAH... I was thinking that too. But hey, we've all been there so I figured I'd throw him a bone.

 

Farley,

I appreciate that you are trying to help and you do have some great advice, but your position that doing a wheelie is reckless is just plan wrong. You've been brainwashed by all those brainless cops that have pulled you over.

According to CA law, which is nearly identical to every law I've seen for every other state, Reckless Driving is when you have WILLFUL and WANTON disregard for the safety of persons or property.

Darius hit it right on. If the road is empty and there are no people in harms way and no other dangerous conditions, you are not reckless. Reckless is a far more serious thing than just being careless. Carelessness means you didn't take appropriate precautions for the conditions and circumstance. Reckless means you actually endangered people or property - the likelihood of damage or injury was inevitable.

An act alone is not reckless. It is the circumstances of doing that act that makes something reckless. For example, a 20 mph controlled wheelie on a empty street is not reckless. Doing that same wheelie through a football stadium hallway during half time IS reckless. The danger factor in those two examples is so extreme it's ridiculous to even suggest they are the same.

There is also case law in CA which has become part of the jury instructions for reckless driving cases that says "speed alone does not constitute reckless driving." That came about because cops were writing reckless driving tickets for simply driving at high speeds. This case law put an end to that and it can easily be inferred to equally mean "a wheelie alone does not constitute reckless driving." If a wheelie is reckless, than DUI should certainly be reckless, don't you think? BUT IT'S NOT.

How can anyone make a case that doing a 20mph controlled wheelie on an empty street is reckless but DUI is not?

Jon's case is pretty cut and dry. He can win it pretty easily.

 

I see your point, but the fact still remains the law is always going to side with the police officer before the citizen. What the cop supposedly witnessed is as good as gold. Mitsu said he wasn't going to get a lawyer, so the fact is you have a young man against a police officer. And lets just say Mitsu has a perfectly clean record, the cops word is gold over his.

I agree that reckless is only reckless when you endanger the lives of innocent bystanders and have a complete disregard for those around you. And in Colorado a Careless is a 4 pointer, a Reckless is an 8 pointer and can carry much more serious penalties and fines. But as I said before the DA is his friend, and his enemy. He needs to present his case compassionately, and he needs to DISPROVE what the cop said. By having physical evidence to show he was in fact NOT being reckless he can and will win (or have it reduced) but with no evidence to prove his side of the story the facts still carry their weight in this case.

Facts: On a public road stunt riding and "stunt riders" were already kicked out earlier

Circumstantial: Possibly speeding, endangering the public

He has an uphill battle, that's all I'm saying. He now has the power however to create physical evidence so he can DISPROVE the officers story and his evidence could corroborate with his witness statements.

 

PS... I never once said that Wheelie = Reckless. He was already written up for Reckless at the officers discretion, I'm agreeing with the officer over Mitsu b/c disproving a cops written statement and citation is EXTREMELY hard to do without a lawyer.

 

I've seen you ride many times, if I was the judge, I'd throw the book at you.

 

a witness is a great tool, my witness "testified" and i got my reckless down to a careless withold, once i pay the court fees, lol.