got popped

[Klaksta]

Coming into springfield on hwy99 got pulled over by a county sheriff on a bimmer for and I quote "having a headlight out" (for those that don';t know the FZ6 lights are the same as the R series the zx series and the cbr series at least the semi new ones in that only one side lights up for low beams and the other is the high beams) I actually resisted the urge to be a smart ass and went along with him but I couldn't find my insurance stub or license (found the license in my jacket pocket covered by the liner a little bit later) but after calling in to confirm my insurance and registration information adn checking my VIN plates and taking my picture he wrote me a ticket for Driving an uninsured vehicle on a public motorway and for not having my drivers license. The thing I don't understand is that after calling and confirming my insurance information he was aware that my vehicle was uninsured. Since this ticket I guess is a crimnal charge I am debating on getting a lawyer to assist me in court. any ideas on whether it would be worth it??

[Xusia]

I'm confused. Do you have insurance or not? If you do, I would think you can get this dropped by simply proving you were covered at the time. Maybe a letter or something from the insurance company.

If you were not insured, I'm not sure. Are you sure it's a criminal charge? If so, is it a misdemeanor or felony? I would base the decision on whether or not to get a lawyer on the severity of the potential consequences.

[FJMam]

Lord,

I hope the cops don't make that single light an excuse to pull anybody over. That would suck!
I always have my proof and license together in my wallet.

[MadMax]

I *think* you can get a ticket for not carrying proof of insurance, no matter if you are insured or not. If you are concerned about this ticket you should at least talk to a lawyer who can explain the law to you.

There is a group called "Legal Aid of Lane County" that provides free legal services if you need them.

On a side note: that is complete BS that he pulled you over for having a headlight out, because if it was on you could have received a ticket for having your high beam on while near other cars.

[kneedragger26]

Sounds like you were in a "no win situation". If you wanted to be a smart ass and show him he was an idiot, he would have checked your license and insurance anyway. But something tells me that even though he told you he pulled you over for a headlight, there must have been something else. Maybe a random check or something didnt look right. Lets face it, he is the law, and he can pull you over for just about anything. Wait, I mean ANYTHING.

If your uninsured then your probably going to have problems, a ticket is in order for no proof, and you know he was looking for that endorsement.

Sorry to hear you got nailed. I guess it was a case of being in the wrong spot at the right time....


:cop-car:

[Monkey Nutts]

This all sounds a little like a sob story.....

I mean it sucks that you got a ticket but man, you were driving without a license and/or proof of insurance. Even if you were in a car you would have gotten the same result. As for the proof of insurance, that will be dropped if you contest it and bring in proof (i.e. insurance stub with dates of coverage on it) to court. The driving without your license on you will likely stick so pay the fine and make it go away.

Sorry to sound like an ass but we have all been there. :nerd: :2cents:

[Matt]

Wait, I don't get the headlight thing. Motorcycles only have to have one headlight. You don't even have to have a highbeam...it's just a convenience thing if there's no other cars around, and you obviously don't have to have it on if you do have one (which most newer bikes do). So how exactly would you get pulled over for only have the one required light turned on? That makes no sense...

[Klaksta]

well what it was was basically wrong place wrong time, I didn't even think about that pocket that my license was in I think that I did deserve the no license on person and a failure to cary proof of insurance, but if there was something amiss why lie, as I we were in the parking lot I saw a truck pull in, and throw his beer out the passenger window when he saw the police bike, and all I was told was that it was for an out headlight. the difference on my ticket that i got (failure to cary proof of insurance vs. driving an uninsured vehicle) is 300 bucks and potential criminal charges (this ones a misdemeanor if i get another ticket or that they take me away in cuffs) my problem with this is not that I got the ticket for something I was not guilty of but rather that now that stays on my record and comes up if I ever get pulled over again. So if another sheriff or police officer decides to do this (i.e. over write the ticket) I could be arrested. I accepted the fact that I earned myself 300 dollars in tickets tops but just the one charge is over that, I'm fighting the uninsured vehicle thing, and my basis for being upset at that ticket is that he called dispatch and verified that I was innocent of the charge before he wrote the ticket

[dansrc51]

I would def. talk to a lawyer can't hurt. but in most cases that I have heard, when cop pulls you over and you can't find your proof (either of insurance or license) you will only be required to provide the judge said proof during your court date. Most times it gets tossed out. I wouldn't see why this would stay on your record. innocent is innocent and if the judge tosses it out it should be exsponged.

:2cents:

[TOM-CAT]

Sorry to have to tell you this, but you really should have told the officer about the head light. If the officer tells you why he pulled you over and you can explane why he is wrong about an actuall offence taking place, that is it you are no longer pulled over the officer is now aware that the issue that allowed him to pull you over is resolved. He has no additional legal justification for pulling you over, unless he makes one up on the spot. In any case, if you had told the officer about the headlight, you would not have been obligated to show the officer anything. And if he asked and you do show him anything, under derest, that gives cause for a legal argument of an unlawful search.
:2cents:
(I am not a legal professional so don't use this advise for anything other than educational purposes.)

[Monkey Nutts]

Headlight or not, man if they want you on the side of the road they can usually find a means to get you there whether it be legal or not (i.e. headlight out, not using a turn signal, mudflaps, excess noise, ect.....).

I personally was issued a failer to provide proof of insurance while I was pulled over for speeding. I contested it and provided proof (insurance card with effective dates that I was covered at the time of the infraction) to the judge at my hearing and he didn't even bat an eye at dropping it. It was just gone. Now the speeding issue, that was something else.

End of the day, talk to a lawyer. Just remember that most of them bill at a minimum hourly rate of $150+ with a one hour minimum. Better have your **** together before you even make the appointment to "talk" with them because it will cost you. Your $300 ticket will begin to look fairly inexpensive very quickly

Here's my :2cents: because you'll need it if you plan to visit the attorney for something this minor. :blah-blah

[Rex Raider]

cops can be a pain sometimes but just be cool and straight up with them, respect is the key it go's both ways. try it you'll find you can solve the prob. right then and there, most of the time.
keep your ins. and regs. on the bike on the bike.(they will ask you for it every time you are pulled over)

keep it cool in the city and wild in the country.
Rex Raider

[orFZ6rider]

Just be cool... take your proof of Insurance to the judge/ court and they should drop it. Then explain to the judge about your license, but don't give excuses. Bottom line is you had no license to present and no proof of valid insurance. They normally reduce fines if you don't have priors.

Later,

[VFR-Reign]

There are ways to educate a cop without sounding like a smart ass. You should have explained how your headlights work, obviously he doesn't know. If for nothing else, than maybe he won't try to use this reason to pull someone over in the future.

I had to educate a cop once who pulled me over on my brand new bike for not having a license plate, the temp was in my wallet. He tried to tell me I had to tape the temp to my bike.... I explained that I didn't HAVE to. After him lecturing me about the law, I had him read the back of the temp that says in black and white that I need to have it with me, not on the bike. I did this in the nicest way possible and he was so frustrated that he got back in his car without ever asking for my license or insurance!

[kneedragger26]

-------Not to change the subject, but now(recently) they make stain resistant temps for motorcycles that are mountable in the place of a plate, so long as you have a frame for it.

Otherwise the paper flaps in the wind being mounted by top bolts.

Back a couple of years ago it was possible to just keep it under the seat or in ones pocket but times change.

[TOM-CAT]

-------Not to change the subject, but now(recently) they make stain resistant temps for motorcycles that are mountable in the place of a plate, so long as you have a frame for it.

Otherwise the paper flaps in the wind being mounted by top bolts.

Back a couple of years ago it was possible to just keep it under the seat or in ones pocket but times change.+1

When I picked up my new bike earlier this year, I was informed that you may no longer simply carry your temp tag on your person. I MUST be mounted on the bike in place of the permanent tag.
:2cents:

[Kelbor]

Spring showers bring may flowers :twofinger:2cents:

[r6speed]

If your sitting there and you explain how your headlights work your (tom) your saying at that point you can just drive off? Good luck with that! I know they have to have cause to pull you over but once he has you pulled over I would think he can do whatever at that point...but I don't know. If you need a good lawyer that you don't need vasaline to take call Misha Dunlop at 259 East Fifth Avenue, Suite 300A Phone number 687-9180 Tell her Dustin sent you and she will tell you what to do for close to nothing.
I get what your saying because he verified you had insurance then gave you a ticket but its just a ticket for "not carrying proof" and if you don't show the judge proof in court you will have an SR-22 and motorcycle insurance with SR-22 = screwed for 3 years. Trust me don't let that happen call MISHA!

[TOM-CAT]

If your sitting there and you explain how your headlights work your (tom) your saying at that point you can just drive off? Good luck with that! I know they have to have cause to pull you over but once he has you pulled over I would think he can do whatever at that point...but I don't know...
I never said anything about driving off. You could sit on the side of the road all day. :smilewink

I said that, if you can resolve the issue that provoked the original stop (i.e. explain why the officer is miss informed about one of your headlights being out.), the legal detainment is over. You have provided evidence that the officer's probable cause to stop you, was incorrect, thus negating the officer's legal standing to pursue further investigation.

So if the headlight situation had been addressed, the rider could have politely asked the officer if there was any other reason he was being pulled over. If the officer did not have any other reason to detain the rider, the rider would be free to leave. Ideally, the rider would ask about any other reasons for being pulled over, before explaining about the headlight. The officer would be less likely to try to find additional reasons to have detained the rider, before the rider explained about the headlight, compared to if the rider asked about additional reasons, after explaining the headlight.

(I am not a legal professional. So don't use this advise for anything other than educational purposes. :nerd:)