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  1. #1
    Join Date
    Jun 2013
    Posts
    4

    Default Pulling Out Too Fast on Motorcycle

    My question involves a traffic ticket from the state of: Pennsylvania

    So last Saturday, I received a traffic citation for careless driving. I was riding on a crotch-rocket (motorcycle). At a red light, I decided to take off and accelerate at a high rate of speed. Little did I know, I did not see the state trooper who was apparently behind me. I accelerated, switched lanes, deccelerated, and was back to the right lane at the speed limit when I noticed the cop coming to pull me over. He seemed like a good guy and wasn't a jerk about anything. I was compliant and cooperative in every way. He issued me a ticket for careless driving. In the description it said "FROM A RED ACCELERATED AT A HIGH RATE OF SPEED PEELING TIRE - SUZUKI."

    Now I know for a fact I didn't physically peel any tires as its incredibly difficult on a motorcycle without more-than-generous use of the front brake so you dont take off; whether or not that has relevance is a whole different story.

    Is there any chance of getting out of it or should I take a plea bargain of sort? (Driving school, community service, etc.) I go to school in the the small community I am being summoned to and have done ample amounts of community service for the small community.

    Thanks!

    EDIT: It is an offense that carries 3 points if convicted.

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Pulling Out Too Fast on Motorcycle

    You can try to argue it, but I suspect you'll lose easily.

    Your case hinges on the definition of "peeling tire". If your only arguement is that you did all of the above but you don't consider that peeling out, then you definetly lose. Even on questioning the trooper only has to present testimony that you accelerated at a high-rate and that at some point your tire lost some amount of traction which he attributed to your speed rather than roadway interference.

  3. #3
    Join Date
    Jun 2013
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    4

    Default Re: Pulling Out Too Fast on Motorcycle

    I know for a fact that no there was no loss of traction from the rear tire when I pulled out. No smoke, no tire mark. Would I be able to challenge that? And if I did, would he have to present evidence saying that I did actually loose traction?

  4. #4
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Pulling Out Too Fast on Motorcycle

    You can challenge it, but you have little chance of success.

    The trooper only need testify that the tire lost traction, even if only for a second.

    After the officer testifies you will have an opportunity to cross-examine him. The only question that you need to ask is "How do you define "peeling out"?"

    A lot depends on his answer. If he describes it in words other than how he described the incident you might be able to motion for a dismissal based on the argument that the officer wrote on the ticket that you peeled out yet his direct testimony in the matter did not relfect his own definition of peeling out when asked on cross.

    It's a long shot...a very long shot.

  5. #5
    Join Date
    Jun 2013
    Posts
    4

    Default Re: Pulling Out Too Fast on Motorcycle

    If I were to attempt to argue this, would it burn my chance at a plea deal if the arguement isn't successful?

    EDIT: Or would it be smartest to plead no contest?

  6. #6
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Pulling Out Too Fast on Motorcycle

    I'm not familiar with the local court, but generally if you go to trail and don't plea out, then you lose the chance to plea.

    My advice?

    You're guilty. You know it, the cop knows and lets be honest, there is about a 95% chance you'll be convicted. I suggest you plea, move on, and look around better the next time.

  7. #7
    Join Date
    Jun 2013
    Posts
    4

    Default Re: Pulling Out Too Fast on Motorcycle

    Appreciate the help and advice. Thank you

  8. #8
    Join Date
    May 2013
    Posts
    28

    Default Re: Pulling Out Too Fast on Motorcycle

    Quote Quoting antrc170
    View Post
    The trooper only need testify that the tire lost traction, even if only for a second.
    The only way you can intentionally have the rear tire "peel out" or "lose traction" is if you do a burnout or back it in to a corner.

    Obviously, if you're doing a burnout, you can't move... and the percentage of riders who can successfully back it in on sport bikes is probably limited to MotoGP and AMA racers.

    This is just my 2cents as a motorcyclist, I'm obviously not speaking as a lawyer. I truthfully have no clue what kind of case or defense you have.

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