• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Fighting a no motorcycle license charge

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

examancer

Junior Member
I'm from Omaha, Nebraska.

I recently got in a motorcycle accident. I was riding on an asphalt road approaching a curve. I keep an eye out for gravel constantly, but this time gravel blended in with the road and I didn't see it until I was already in it. I attempted to slow down to go through the turn slower, but my rear tire locked up in the gravel and came out from behind me. After a few feet it found a piece of asphalt without gravel and violently regained traction while I was nearly sideways. This violently jerked the bike in the opposite direction and threw me off the high side. From what I have read this is a text book "high side" motorcycle wreck.

I got myself to the hospital to have my scraped knees checked out and after explaining what happened to a nurse there she notified the police officer who was there that I had been in an accident and that it had yet to be reported . No police were present at the scene of the accident and I moved the bike off the road and got to the hospital myself.

At that point the police officer stated that he must complete an accident report. After describing what happened the police offer stated that he would indicate the cause of the accident was debris on the road. He gave me a ticket for riding without a motorcycle license. Here is where things get interesting...

Earlier that day I went to the DMV to get a motorcycle license. I took and passed the written portion of the test, and I requested to take the driving portion. However, I was told that they only do 4 tests per day for motorcycle driving exams and that they were booked for several days already. I was told that I must make an appointment. I made the appointment and they gave me a printout showing that I passed the written test, that they refused to give me the driving test, and that I made an appointment for a later date.

Even though my bike was damaged and my knees were still in bandages, I went to my scheduled appointment and passed the driving portion of the exam without issue.

Does it seem like I may have a case for getting this ticket dismissed? I made every attempt to have my license on the date of my accident, and I have DMV paperwork to prove that. I was previously unaware I needed an appointment to take the driving portion of my motorcycle exam, assuming it would be on-demand like car license exams. I now have my license and passed the driving exam on my first attempt, lending some additional weight to the argument that I would have had a license that day were it not for the shortcomings of the DMV.

FYI, I already had a passenger car license. I have a couple speeding tickets on my record (car not bike). This is my first accident of any kind. I am 25.
 


Zigner

Senior Member, Non-Attorney
This should be easy - just prove that you were properly licensed at the time you were issued the ticket.
Oh wait, there's a problem with that, isn't there?
You were not licensed to drive a motorcycle.
 

The Occultist

Senior Member
Zigner is absolutely right in that there is absolutely NO legal reason for you to be shown any amount of leniency.

That being said, when you go to court to plead guilty, bring proof that you are now in compliance and there may indeed be a small chance that some amount of leniency will be shown.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top