Cop didn't care about CHL - still wrote me two tickets.

[rider]

Pulled over coming home from school on my Triumph. Cop saw me traveling down highway from overpass. No radar but he thought I was speeding and changing lanes unsafely so he got on the highway, caught up, and pulled me over. Told me he couldn't cite me for speeding b/c he didn't get me on radar. He got friendly and asked about how fast I was going, 90ish? I said about. He said he appreciated my honesty.

Then he wrote me two tickets: one for "unsafe speed" and one for "unsafe lane change". Then he told me I could've been arrested for wreckless driving and my bike impounded for my "admission" of going 90 in a 60. Then said I could've easily gotten away if I would've pinned it when I saw him. Oh well. Probably going to fight these.

Twice pulled over w/ CHL. Three tickets. Both times did not have my firearm on me.

[pbwalker]

Just for future reference, I've learned that if you respond to those questions (e.g., Do you know how fast you were going), it is an admission of guilt. Of course, I am not a LEO or Lawyer, but have heard it on a few occasions.

(I'm not lecturing you, so if it comes across that way, I apologize. Just thought I share some info)

I hope the tickets get removed for you!

[anygunanywhere]

I wonder why they keep pulling you over?

My CHL did not keep me from a ticket either, but then CHLs are not "get out of a ticket" licenses.

Anygunanywhere

[rider]

I wonder why they keep pulling you over?

Good question.

I've found it's mostly because I keep on getting caught breaking the law.

But of course.. not this time.

[John]

I wonder why they keep pulling you over?

[RPBrown]

Its because you ride a Triumph and not a Harley. LEO's like Harleys

[The Annoyed Man]

I've found it's mostly because I keep on getting caught breaking the law.

I apologize in advance... Meaning no disrespect, but this reminds me of that funny scene from "Liar Liar" when a recidivist armed robber client calls his lawyer (played by Jim Carey) for legal advice, at a time when the lawyer is at the end of his emotional rope.

He screams into the phone, "YOU WANT MY ADVICE?!?!?!?!? STOP BREAKING THE LAW, *******!!!!!!!

[Originalist]

Here is my two cents, take it for what it is worth......$0.02.

FIrst the Cop asked you a question where he believed (or should have believed) who could have incriminated yourself. He did not advise you of your miranda rights so any action based upon your "admission" would have been illegal and therefor thrown out.

Second, the Cop has the burden of proof that both your speed and your lane change were unsafe. (You should review the elements of the offense and if you didn't mean ALL of them, you did not commit the offense). What were the conditions... Was there heavy traffic, you were weaving in and out of traffic, etc or was there noone on the road or was the closest car 100, 200 feet away, etc.
Same for the unsafe speed, first, he doesn't know how fast you were going and as mentioned in point 1, he is not supposed to use what you told him (different story if you would have been mirandized). If he cited you on the unsafe speed based on your "admission", again see point 1

Bryan

[SCone]

Everytime they ask me, "Do you know how fast you were going?" I give the same reply, "No, I thought was your job?"

[CHL/LEO]

Told me he couldn't cite me for speeding b/c he didn't get me on radar.

Not a good thing to say. Try phrasing it as a question - not as a challenge. Just some helpful advice in the future when you deal with LEOs.

I had the good fortune of growing up with an uncle who was a DPS Captain so I got to learn while I was quite young what things tended to get their dander up. I'm not saying you were right or wrong - just a piece of advice I've provided to my own family.

[Originalist]

Told me he couldn't cite me for speeding b/c he didn't get me on radar.

Not a good thing to say. Try phrasing it as a question - not as a challenge. Just some helpful advice in the future when you deal with LEOs.

I had the good fortune of growing up with an uncle who was a DPS Captain so I got to learn while I was quite young what things tended to get their dander up. I'm not saying you were right or wrong - just a piece of advice I've provided to my own family.

CHL/LEO
Reread please, the Cop told Rider that not the way you interpreted it.

Bryan

[Rokyudai]

Everytime they ask me, "Do you know how fast you were going?" I give the same reply, "No, I thought was your job?"

Ha! As a stand up once said... "No I don't know how fast I was going. Snorting coke on the steering column tends to have its OWN challenges that require my attention!"

*cuffs*

[KRM45]

Here is my two cents, take it for what it is worth......$0.02.

FIrst the Cop asked you a question where he believed (or should have believed) who could have incriminated yourself. He did not advise you of your miranda rights so any action based upon your "admission" would have been illegal and therefor thrown out.

Second, the Cop has the burden of proof that both your speed and your lane change were unsafe. (You should review the elements of the offense and if you didn't mean ALL of them, you did not commit the offense). What were the conditions... Was there heavy traffic, you were weaving in and out of traffic, etc or was there noone on the road or was the closest car 100, 200 feet away, etc.
Same for the unsafe speed, first, he doesn't know how fast you were going and as mentioned in point 1, he is not supposed to use what you told him (different story if you would have been mirandized). If he cited you on the unsafe speed based on your "admission", again see point 1

Bryan

I have personally never read anyone their rights during a traffic stop. There is a big difference between a custodial interrogation and the investigation of a traffic offense. I'm sure the officer had all the evidence he needed to write the citation regardless of what rider's answer was.

[KD5NRH]

Everytime they ask me, "Do you know how fast you were going?" I give the same reply, "No, I thought was your job?"

Ha! As a stand up once said... "No I don't know how fast I was going. Snorting coke on the steering column tends to have its OWN challenges that require my attention!"

Try the standard answer; "two beers."

[Originalist]

Here is my two cents, take it for what it is worth......$0.02.

FIrst the Cop asked you a question where he believed (or should have believed) who could have incriminated yourself. He did not advise you of your miranda rights so any action based upon your "admission" would have been illegal and therefor thrown out.

Second, the Cop has the burden of proof that both your speed and your lane change were unsafe. (You should review the elements of the offense and if you didn't mean ALL of them, you did not commit the offense). What were the conditions... Was there heavy traffic, you were weaving in and out of traffic, etc or was there noone on the road or was the closest car 100, 200 feet away, etc.
Same for the unsafe speed, first, he doesn't know how fast you were going and as mentioned in point 1, he is not supposed to use what you told him (different story if you would have been mirandized). If he cited you on the unsafe speed based on your "admission", again see point 1

Bryan

I have personally never read anyone their rights during a traffic stop. There is a big difference between a custodial interrogation and the investigation of a traffic offense. I'm sure the officer had all the evidence he needed to write the citation regardless of what rider's answer was.

I have not either, then again I have never asked incriminating questions and then taken action on those answers. I am not saying that I haven't asked them because I have. I can honestly say I've never used what I learned from those types questions, ever.

This LEO didn't have the evidence necessary to issue the speeding ticket, therefor had no evidence of rider's speed. What I was saying was, if the LEO cited Rider for unsafe speed based on his admission, his answer was protected because he was not properly mirandized. The 5th Amend. and case law give no differential treatment to felony over a misd.

There are ALOT of Great LEO's out there, however there are a few that write baseless tickets on the hope that it will just get paid and everyday someone gets a citation when they shouldn't have because all the elements have not been met. That is due to the society we live in, it is more convenient to pay the fine then to go back and forth to court 3, 4 or 5 times to fight it.

Think about this, A LEO writes a bogus ticket, you fight it and take it to court, the LEO doesn't show up and the ticket gets dismissed. Who holds that LEO accountable for his illegal act? No one. Why? Because it is a Misd., no big deal, right. -- I disagree!

In Bexar County, if you want to fight a traffic ticket, your first court date is with an ADA. If no agreement you come back another day for either a judge or jury trial (you get to pick). That is a minimum of 2 full days without continuance for whatever reason, not including the day you had to drive to the court house to plea (Very Inconvenient, but I won).