Bonneville America Forums Forums Off Topic Discussion Forums Lounge help with some legal questions

On Sept 1 of last year I and three others took a little road trip on our motorcycles to a state park in King County, Washington. When we left the park I was second in line out of the four of us. After no more than two or three miles I glanced in my side mirror and noticed a sheriff's car pulling the two guys behind me over. I never heard any sirens. When I came to a stop I was probably 25 or 30 yards up the road, the friend in front of me didn't even notice and kept going, though he did come back a few minutes later. The sheriff jumped out of his car and really started yelling at the guy who had been riding behind me. He, then, asked me to walk down to where they were and he took my license and registration. A few minutes later I wandered back up to where my bike was and talked football with another sheriff who came later. The only other time the original sheriff ever spoke to me was much later when he asked me to start my bike so he could check the loudness of my exhaust. He then, went back to his car for a few minutes. He came back and told us we’d get our tickets in the mail and that we could go. Like I said before, he didn’t really say much to me, all his anger seemed to be directed at the guys that were behind me. About a month after this incident, the guy who had been riding in front of me, who came back to the scene, received a ticket in the mail for faulty exhaust, none of the rest of us received anything until May when I got a ticket in the mail for negligent driving and faulty exhaust. The other two, the ones the sheriff was so angry at haven’t received anything. The things that confuse me about the whole incident are: 1) the inconsistencies, 2) the nine months it took for me to receive my ticket, 3) why it was never stated, to me, the reason we had been pulled over or what we were being cited for. Is there anyone out there who can make sense of this for me. I'd appreciate it!

He may have just gotten the tickets/vehicles mixed up.
You probably should have kept on going. A buddy of mine just got back from a long road trip (Fla. to Canada and back). One of the group got pulled over, the other two circled back and parked, the trooper firmly told them to get on down the road. Maybe more than one is a biker gang...

Well, I don't know Charles, but it seems "kind'a funny" to me that the state of Washington allows LEOs to issue a ticket for these "offenses" without you having to put your John Hancock down on a written citation at the time of issuance. I'm not sure here mind you, but I don't think that that is "kosher" here in California.

(...at least I've never heard of an instance like this happening here anyway!)

I keep telling you, Dwight, things are different out here in the NW, the goverment gets to do whatever they want when they want.

Do you not have a time limit for the police to issue the summons for an offence in the U.S. ?
Here in the U.K. they have 6 months from the date of the alledged offence to get the paperwork to you....after 9 months you would have it thrown out of court. The police also have to tell you at the time they stop you what they are charging you with.

Oh, come on Soren!!! You're gonna stand there...err...sit there and tell me that us folks HERE in "The Peoples Republik of Kalifornia" have MORE individual rights than you Mossbacks up That-A-Way DO???!!!

Naaaaah....CAN'T BE, dude!

(well ya know Soren, IF that's true, and I kind'a DOUBT that it is, if word of THAT ever gets out, there's a couple o' fellas around here who just might have to switch from usin' Kalifornia as their "warnin' to all the folks out there", to, well...to usin' you guys UP THERE!!!!)

That's some of what I'm wondering about. I mean, I only stopped cause a couple of the guys with us got pulled over and then I spend 45 minutes on the side of the road and the guy didn't say more than ten words to me. Yet I get a $700 ticket for negligent driving 9 months later? I've tried looking on the net for info on any kind of time limits but I couldn't find anything. I got the impression he just didn't like bikes!

(sorry Charles...but you set me up here.....)

Quote:

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I got the impression he just didn't like bikes!

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Wow! What was your first clue there, HUH???!!!

Look! The way I see it here, your only move here now is to plead NOT-guilty, whereas the court will assign a date for your trial, and then at your trial, state your case AS WELL as you've just stated it here, and see where that takes ya. AND, I'll bet the laws up there are very likely similar to the laws down here, which is: IF the issuing LEO fails to appear at your trial, then the judge has no recourse other than to dismiss it.

OH! And yeah. That's some good advice by Nomad too. I'd check to see if there is a Statute or Limitation regarding these citiations in Washington State's Vehicle Codes, also. It could possibly not even come to that trial I mentioned above, IF you could find that out first.

(BTW...did you just say "SEVEN HUNDRED FRIGGIN' BUCKS"????....Now THAT is a friggin' OUTRAGE!!)

Maybe he was mad at the other guys because he couldn't think of any reason to write them up?

Get an attorney , may cost you 150.00 or so , but you may beat it completely .

CALL THE D.A.'S OFFICE FOR THE COUNTY YOU WERE STOPPED IN AND DIRECT YOUR QUESTION TO THEM.......ANGELIS

Pay your lawyer a $35 consultation fee and ask him.

You pay a mechanic to fix your bike, a realtor to sell your house, a dentist to fix your teeth and a doctor for your health.

Why would you ask friends for legal advice?

Sounds like a bum rush rap to me. Give a lawyer $150 bucks and go to court. Once, years ago, a similar kind of thing happened to me. Totally bogus charge. I got to see the Judge reprimand the state Leo right in front of me! It seems the Leo had a "reputation". Some judges don't appreciate enforcement jerkoffs mucking about with the law. It only leads to more disrespect of the law and makes their job less respected.

I'd take it to court also.. but you have to be careful. I once took a bogus ticket to court.. driving with a suspended license. Seems that I paid a ticket, but they got it a day late, so there was a $5 late charge. I never got notified regarding the late fee and they suspended my license because of it. Didn't find out until I got pulled over with a bad tail light. Figured it would be an easy in/out thing with me explaining the circumstances to the judge and he just making me pay the late fee.

Unfortunately, the judge was not in a very good mood that day and was giving some really harsh sentences to people. I would up paying the tickets AGAIN + $50 fine + late fee + court costs + traffic school. Ouch.

All other times I've gone to court have worked out in my favor.. just happened to hit the wrong day with the one above and catch the judge in a bad mood.

Cheers,
Brad

As they say on TV, "Time to lawyer up!"

Yeah Charles!!! And I'll bet that cop with the bug up his behind didn't even bother to read you your Miranda Rights EITHER, did he???!!!

$700.00!!! Dear God. Thats the craziest thing I've ever heard. When I was In high school I was in the back seat of a car that got pulled over. The cop asked for mine and the drivers license. After he pulled off we noticed he wrote the ticket with his vehicle info but it had my name on it! WTF? Since we were "on the clock" at school (driving to vo-tech), we were pulled into the principles office a couple weeks later and accused of trying to pull one over on this IDIOT cop. It sucks but yeah, I'd get a lawyer.

Thanks for all the input guys. I was kinda hoping I wouldn't have to get a lawyer but it's probably best.

+1 on the attorney. It doesn't sound you admitted guilt to anything in addition to not knowing what the charges were. I'd fight that one. If the lawyer says he or she won't represent you for less then $500, shop around. There should be some starving lawyers out there or try the bar association for someone just starting their practice It's not a murder charge so it won't take a Clarence Darrow.

I am not one to speed but I got pulled over for doing 80 in a 55 and was worryed about my CDL Lic. so I called the DA. and they she worked with me on it lowered the fine and the points. I would call the DA and tell them what happened. wont hurt and its free. If they dont work with you do as was said lawyer up.

Many lawyers are a-holes, but they do provide a necessary function.