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Discussion Starter #1
I've explained it in another post, but I lowsided last week. After realizing that the pavement was horrible and there was some oil and gravel on it, I ended up going down around a corner on my right side, braking my scapula. Luckily, nobody was on the road, but I ended up on a ditch on the other side of the road. I just got in the mail today with a ticket regarding careless driving. Thats an $85 ticket with 2 points. How is that even possible...that's like saying I was about to hit a deer and was forced to go down. I wouldnt think thats classified as "careless driving". I understand it's my fault for going down, but because of oil / gravel...really? I never would of thought a cop would have the heart to think that.
 

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That is lame - insult to injury.
 

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Just go to court. You may have to pay a court fee of 30-60 dollars, but you won't get the points.

Explain the road conditions and state how you were riding (within the speed limit and cautiously of course!)

Tell the judge in the future you will be more careful...be humble. Most jurisdictions gamble on people just paying the fine
 

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As stated above, go to court. Its just a "one size fits all" money maker ticket. Ive gotten those, and the good ol' "to fast for road conditions" ticket...
 

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As stated above, go to court. Its just a "one size fits all" money maker ticket. Ive gotten those, and the good ol' "to fast for road conditions" ticket...
Hey, EvilTwin got one of those tickets when he went down while we were riding up to Payson due to loose gravel in the road a couple years ago... We didn't know there was loose gravel on the road until after he went down and we took a look at the road. It really irked me that the cop gave him the ticket because he went down, it's not like he was flying through the corner, we were actually going a pretty normal speed when he went down. Next time i just have to make sure that i check the road gravel reports on the morning news before going on a ride so i don't get a "to fast for road conditions" ticket!!!
 

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Hey, EvilTwin got one of those tickets when he went down while we were riding up to Payson due to loose gravel in the road a couple years ago... We didn't know there was loose gravel on the road until after he went down and we took a look at the road. It really irked me that the cop gave him the ticket because he went down, it's not like he was flying through the corner, we were actually going a pretty normal speed when he went down. Next time i just have to make sure that i check the road gravel reports on the morning news before going on a ride so i don't get a "to fast for road conditions" ticket!!!
Well "technically" they were correct, since there was gravel in the road he WAS going to fast for road conditions... :devious HAHA
 

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Well "technically" they were correct, since there was gravel in the road he WAS going to fast for road conditions... :devious HAHA
Oh i know he was "technically" right but it was just irritating that he thought that we knew that there was gravel on the road... Oh well, it happened years ago and there isn't much we can do about it now.
 

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You would think the fact that you wrecked your bike would be lesson enough then they gotta throw a ticket at you screw that I would go up to the judge and tell them to shove it!
 

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Oh i know he was "technically" right but it was just irritating that he thought that we knew that there was gravel on the road... Oh well, it happened years ago and there isn't much we can do about it now.
I know what you meant. Its just funny that they came up with a ticket that they can blindly write for pretty much ANY accident and are "technically" correct...
 

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I would dispute the ticket. Tell them you weren't driving, you were riding. Or better yet, tell them you weren't going too fast for road conditions but you were texting at the time so you didn't see the gravel.
 

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Discussion Starter #12
I would dispute the ticket. Tell them you weren't driving, you were riding. Or better yet, tell them you weren't going too fast for road conditions but you were texting at the time so you didn't see the gravel.
Actually laughed at one point when I saw the ticket. "Careless Driving". Sir I am not driving, I'm riding. Therefore you cannot issue me this ticket :sneaky:
 
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It is always the drivers/riders job to be in full control of their vehicle at all times, regardless of road conditions.

Crashing unless you are a crash test dummy and are doing it on purpose would fall into the category of not being in full control-thus the careless, of course then they would likely hit you with reckless driving......
Of course that is all just technicality bullshit so they can site you and collect more monies to feed the money hungry guberment.
I agree it is adding insult to injury and maybe you can get a sympathetic judge or prosecutor to just take some of your monies and drop the ticket.
 
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Sue the D.O.T. for failure to maintain the roadway. (State places signage of 30mph, road is safe for that speed) Take pictures of the oil/gravel and show them to the judge. Don't forget to add pain and suffering to actual bills for you/bike.
 

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Sue the D.O.T. for failure to maintain the roadway. (State places signage of 30mph, road is safe for that speed) Take pictures of the oil/gravel and show them to the judge. Don't forget to add pain and suffering to actual bills for you/bike.
You have to be able to prove that the DOT was notified prior to the crash. They can not be held responsible for something they did not know about.

For what it's worth, I work 50 feet from our claims section and deal with them on a regular basis.
 

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Anytime you come off the bike & a cop is there before you leave there's a 99% chance you'll get a careless op ticket. I got served mine after I woke up from surgery. Groggy as hell, happy to open my eyes & see my fiancee by the bed, then I hear a chair squeak & suddenly a trooper is standing next to me with papers in his hand.
 

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You have to be able to prove that the DOT was notified prior to the crash. They can not be held responsible for something they did not know about.

For what it's worth, I work 50 feet from our claims section and deal with them on a regular basis.
Doesn't it seem a little strange that the D.O.T. can't be held responsible for something they didn't know about and the guy on the motorcycle is held responsible for the same thing that he didn't know about? I would ask that question in the courtroom. I would think a good judge would see the logic and throw the ticket out.
 

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If you fight (which you should) be sure to take pictures of the exact place you went down. show where you lost traction and slid. With a sympathetic judge, you should be good. Or a lawyer would nix it for sure. Just would be expensive.
 

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Doesn't it seem a little strange that the D.O.T. can't be held responsible for something they didn't know about and the guy on the motorcycle is held responsible for the same thing that he didn't know about? I would ask that question in the courtroom. I would think a good judge would see the logic and throw the ticket out.
Yes.
 

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The cop is fishing. Trust me I know I've done it. A lot of people just pay the fine, he's hoping you do too. If you go to court I will be highly surprised if he even shows up for something like that.
 
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