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Getting pulled over? Here are some tips.

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dave_xb12r

Well-known member
Joined
May 19, 2008
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Within the last year I've done a lot of research on the topic through interviewing Highway Patrol officers and online reading. This has payed off because I've fought 3 tickets and won all 3. I know that's not a lot, but consider these tips.

If you are being pulled over on your bike,

Step 1. Take off your helmet and step off your bike. Put your key under the passenger seat strap.

If you are in a car

Step 1. Take the key out and set it on the dash in plain sight or on the roof of the car. If your stereo is on, turn it off. If it's night time, turn on your dome light and map lights.

Step 2. Smile, make eye contact, keep your hands visible and call the officer "Officer" or "Sir". Don't look at him for too long, you don't want him remembering your face.

He will ask you for your license, proof of insurance and registration. Tell them where you are reaching before hand. (it's a good idea to keep these in a easy to access place so you aren't rummaging around) The point is to keep him calm and cool. If he feels comfortable, he might let you off with a warning.

Do not make excuses. If you know he stopped you for speeding, before he runs off with your license and registration, you can ask for a warning in the nicest possible way. Other than that, don't talk. Don't do anything that could make him remember you.

Step 3. After he hands you your ticket, thank him and leave. Remember, don't give him memories of you.

Step 4. When your due date is approaching, call the court and ask for a 90 day extension if possible. You may only get a 45 day extension, but anything helps. The further away from receiving the ticket, the better.

Step 5. Prepare your defense. Look on your ticket to see how he acquired your speed. If it was Lidar, you're pretty much boned, but it is possible to get out of it. I did. If it's radar, there are a ton of excuses. "When was the last time your radar was calibrated" is not a good defense. Calling the city to make sure the speed survey on that road hasn't expired is however a great defense. If it's expired, ticket automatically dismissed. There are a many defenses, do your homework. Evidence is good. Pictures are good.

Step 6. When you are in court, first thing, ask the officer if he remembers your face. He will most likely state that he remembers verifying that the person on the DL is the person he stopped, but he can't say that he remembers your face. Your ticket will be dismissed. If you add something like there was a diesel truck between the two of you when he radared you (which effects radar signals and could create false readings), his story wont match, which will cause doubt in his defense. This is good. Remember, you are innocent until proven guilty. So if his story doesn't match, the judge will think he's forgotten. Because you didn't give him any memories of you, chances are he won't remember your specific incident in it's entirety. Your case should be dismissed.


If you live in CA and you get a ticket, it's even easier to fight with "Trial by written declaration". This is basically an essay that you must write and mail in. The officer or officers will also have to write in. If They don't, dismissed. If you are found guilty, you can still go to court. I know a guy that owns a company that allows him to do this for people for a living. It's by far the most effective way to fight a ticket.

If you have questions, feel free to contact me. I'll try to help you out.

Edit: I want to add that this is all opinion based on my experiences and stories from my CHP friend. I am in no way an expert.

Yes, different states and counties have different laws. They all have loopholes. Do your homework and come up with a good defense. If you feel you really are innocent, then just state your case. But be prepared and bring a binder with your written defense in it.
 
Good write up Dave! I always fight my tickets, had a pretty good success, at times I have had to do a victims panel or take a class but well worth the time spent to keep point off my license.
 
Hey dave how'd you get all that experience to know all that ? Pulled over a FEW times ?
 
I haven't been pulled over in a car for 4 years. It was for not having a front plate. My last speeding ticket in a car was about 6 years ago. But.... I've been pulled over on the bike 3 times. The first time I paid the ticket and did the class. After that, I decided to fight.
 
Awesome writeup Dave! [up]

One thing I would like to point out is that traffic violations(other than reckless/negligent) are not criminal and therefor don't fall under the "Innocent until proven guilty" gig.
 
Good write up..I've been an officer for 18 years and also ride an 04 XB12R. Check the facts of your area, not all of these tips apply in all courts. The info about the initial traffic stop is right on the money. Good luck and please ride safe.
 
One thing I would like to point out is that traffic violations(other than reckless/negligent) are not criminal and therefor don't fall under the "Innocent until proven guilty" gig.

Any time you go into a court for a trial, unless there is sufficient evidence that you are guilty, your case will be dismissed. Yes police and HP officers are considered "experts", but there memory is their downfall. They're only human. All you have to do is introduce doubt.
 
I'm going to take one of the bikes out right now and haul some a$$ just to see if Daves info is correct ! Wish me luck . [up]
 
Jobes tips:

Get this.....http://www.nrhsperformance.com/ekitbuellxb9r.shtml No one will catch you not even police! Dont forget to port your headz!!! Also, dont forget to were your seat belt! :D
 
Good advice, also good point to note that not all areas play by the same rules.

Also figure on cop gets one and a half votes, you get one. Your story has to have an edge, hence the details Dave pointed out.

I've been sort of stopped/flagged twice just so the officer can look at the bike, go figure. Stopped once for speeding: officer was so glad I stopped, he just gave me a warning (he had been in the paper for catching a Duc that blew by him at 230km only to run into a full drink/drive checkpoint. After that, no bike, no license, $10000 fine). Other time was I stopped hard, cops laughed, hospital but no ticket. Laugh is good, fine/ticket is bad.

So far, polite and respect has worked for me.

Tell us more about that speed survey thing.
 
Speed limits come from speed surveys. Apparently if the survey is expired, an officer can't give a ticket for speed unless they are pacing. Normally the departments know which roads are expired, but tickets still happen every once in a while. It's good to check because it's an easy way out of a ticket if it is expired.

Also, in CA, it's considered a speed trap to acquire speed using 2 points of reference (like what airplanes do). So if you've ever got a ticket from an airplane in CA, it could have been dismissed immediately in court. I wish I knew that a few years ago when my dad got his airplane ticket.
 
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