Visually estimated my speed on a motorcycle at night

[cbg]

Methinks the gentleman doth protest too much.

 

[Redemptionman1]

Yeah, he has found himself in the wrong place at the wrong time. I and everyone on this forum has probably had tickets at one point in time. It is tough when it is your word against the officers, and unfortunately now with the ways most states laws are written they only write tickets that have mandatory court appearances. Meaning they would have to have multiple infractions or a serious speeding violation which you have. This will not hold up in court unless he has physical evidence that proves you did this?

i.e. radar or as I mentioned a reference point that he clocked you through. Lawyer up and I bet you can get it reduced or get probation of course that depends on the judge and what kind of day he or she is having.

Good luck with it.

 

[HighwayMan]

If he can make the case that his bike can't go 120...

Well, that's the problem right there. It's doubtful that he CAN make that case, at least without the expenditure of an awful lot of money.

 

[Taxing Matters]

Well, that's the problem right there. It's doubtful that he CAN make that case, at least without the expenditure of an awful lot of money.

Yes, as I said, he'd likely need expert testimony to do it, and that's not cheap.

 

[FlyingRon]

Yes, as I said, he'd likely need expert testimony to do it, and that's not cheap.

Yep, it's likely to be more than the fine difference he's arguing.

 

[Redemptionman1]

He doesn't need expert testimony this is not a Civil trial, the preponderance of the evidence is not in use here. The burden of proof is not carried by him but by the prosecutor/ officer. He would have to be proven guilty beyond a reasonable doubt. So, no he doesn't need an expert to testify, but rather proof of what the office said he did and then attack that proof. Any good criminal defense/ traffic ticket attorney can do that.

Good Luck with it OP.

 

[Zigner]

... unfortunately now with the ways most states laws are written they only write tickets that have mandatory court appearances.

Do you have any citations to back up this claim?

 

[Zigner]

He doesn't need expert testimony this is not a Civil trial, the preponderance of the evidence is not in use here. The burden of proof is not carried by him but by the prosecutor/ officer. He would have to be proven guilty beyond a reasonable doubt. So, no he doesn't need an expert to testify, but rather proof of what the office said he did and then attack that proof. Any good criminal defense/ traffic ticket attorney can do that.

Good Luck with it OP.

You really don't understand what evidence is and how it works, do you?

 

[Redemptionman1]

You really don't understand what evidence is and how it works, do you?

If you lack the knowledge of this then I suggest you get off this forum and go read some law review books.

Geez, this is a first year law student course.

 

[Redemptionman1]

Do you have any citations to back up this claim?

You can google it, I could not find a state by state example but in this person case he was sited for going faster then 20 mph so a mandatory court appearance is required.

Some of the following require mandatory court appearances

• Speeding greater than 15 over the Posted Limit
• Reckless Driving
• Hit & Run Driving
• Driving on a Suspended License
• Careless Operation/Failure to Maintain Control of Vehicle
• DWI or other alcohol related driving offenses

 

[Zigner]

You can google it, I could not find a state by state example but in this person case he was sited for going faster then 20 mph so a mandatory court appearance is required.

Some of the following require mandatory court appearances

• Speeding greater than 15 over the Posted Limit
• Reckless Driving
• Hit & Run Driving
• Driving on a Suspended License
• Careless Operation/Failure to Maintain Control of Vehicle
• DWI or other alcohol related driving offenses

You made the blanket assertion, so it's on you to back it up. Listing offenses that require mandatory court appearances in no way proves your assertion.

 

[Ohiogal]

If you lack the knowledge of this then I suggest you get off this forum and go read some law review books.

Geez, this is a first year law student course.

And as an attorney, I call bs on what you are saying. You really have no clue about this site, do you? Read the TOS ...

 

[Ohiogal]

Yeah, he has found himself in the wrong place at the wrong time. I and everyone on this forum has probably had tickets at one point in time. It is tough when it is your word against the officers, and unfortunately now with the ways most states laws are written they only write tickets that have mandatory court appearances. Meaning they would have to have multiple infractions or a serious speeding violation which you have. This will not hold up in court unless he has physical evidence that proves you did this?

i.e. radar or as I mentioned a reference point that he clocked you through. Lawyer up and I bet you can get it reduced or get probation of course that depends on the judge and what kind of day he or she is having.

Good luck with it.

You are wrong. Cite the law in OP's state that states that provide only for tickets that require court appearances? It is not that way in Ohio so try to get realism. If not, then shut up.

 

[Ohiogal]

You can google it, I could not find a state by state example but in this person case he was sited for going faster then 20 mph so a mandatory court appearance is required.

Some of the following require mandatory court appearances

• Speeding greater than 15 over the Posted Limit
• Reckless Driving
• Hit & Run Driving
• Driving on a Suspended License
• Careless Operation/Failure to Maintain Control of Vehicle
• DWI or other alcohol related driving offenses

Cite the law that backs up this claim YOU made: unfortunately now with the ways most states laws are written they only write tickets that have mandatory court appearances.


That is not true. If you think you are an attorney make sure you get vetted.

 

[Redemptionman1]

And as an attorney, I call bs on what you are saying. You really have no clue about this site, do you? Read the TOS ...

LOL, if you went to an actual ABA school then I assume you should know that a Civil Case is based upon a preponderance of the evidence where as a Criminal/ Traffic court is based upon a reasonable doubt. I do not doubt you are an attorney but if the OP goes into a packed traffic court asking for a side bar and ordering an expert testimony most courts will ROFL. Traffic/ criminal court is a super quick thing unless he is charged with serious felonies that warrants a trial by jury.

This is for Davis county Utah so I do not know if it covers his county as he did not say what county the offense occurred in,

Davis Cty Utah Mandatory Court App


Only around 5-10 percent of actual attorneys are worth their salt, and it is best to deal with a specialized field attorney than a general practitioner.

I wish the OP luck in this case.