Neg. Driving ticket in WA on motorcycle from offduty cop.. Question?

82Mustang

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So i screwed up, i did a small(1ft or less, honestly) wheelie on my streetbike, problem is i was behind an offduty cop in a van. Apparently he called it in, another cop pulled me over, the off duty cop went to the station and came on shift, he came to the scene and wrote me up for negligent driving 2nd degree and not having the motorcycle endorsement(i was 3 days expired on my first issued permit.. i didn't know and i'm having a hard time scheduling an appointment for the skills test they're always full), I plan on getting another 6 month permit before riding again, and getting in line for the skills test ASAP. Can the cop legally give me a ticket for this? he watched through his rear view mirror and says i did a wheelie, i'm pretty sure i did but i told him all i did was take off fast and the front end lifted up but the tire stayed on the ground to the best of my knowledge, my bike wont do a wheelie from a standing start BTW you really gotta try to get the front end up(older suzuki katana). I'm taking it to court(a different crap town a half hour from me) to talk with the judge about payment options, etc.. i'm a resident firefighter/college student and make 2-300 a MONTH. Barely enough for food and gas so this really sucks.. If nothing else maybe the judge will feel some sympathy for my situation, it's a huge reality check for sure, the cop even yelled "YOU'RE GONNA PAY!" as he pointed his finger at my face :fm: Thanks for any tips/help you can offer
 

RDJ

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I am assuming that since this is a "first permit" that was expired and you are applying for a "6 month permit" that it is a temporary learners permit? but to your points:

yes he can do this and by your own admission you are guilty as charged on both counts. get your shit straight, dress nice, go to court, plead "guilty by stupid" and ask for leniency (assuming you have a clean record up to this point).

"guilty by stupid" may sound harsh but if you go in front of the judge and beat yourself up before he gets a chance to, sometimes it will go in your favor.
 

Mustanger

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Good advice...I pleaded "Guilty as sin your Honor!" once & got such a laugh from the Judge & a ton of leniency...he reduced the fine to the minimum $86 bucks...saved a couple hundred. Of course I did have a 26 year clean record...that helps.
 

82Mustang

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It was a 3 month permit, today was the first day i could renew it so i did this afternoon(the judge should like that i did it on the first available day). Does the judge ask "how do you plead?" they've never asked me that.. I'll admit to it in court and ask that because of my situation paying the fine will be very difficult, etc.. making it short and not whining of coarse. It just seems BS that he can call it in off shift, etc.. then come on shift and ticket me. My record is fairly clean but it's important to me to keep it that way.. lesson learned, dont follow your friend just because he's speeding through the hills. There was a line of almost 10 cars, he passed the last truck and got behind the offduty cop, the truck went to the right so i could pass even though i didn't care to, but i did anyway and got behind the offduty cop too.. apparently i pulled a wheelie through town and my friend tried to, he didnt have grounds to ticket my friend so he got off free. Thanks though guys as much as i'd like to find a way out or a good tip for court it just doesn't exist.. now that i'm legal i wanna go back to the town and be legal, ride by the cops just to piss em off, but thats obviously not a good idea.. :dw:
 

txyaloo

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It was a 3 month permit, today was the first day i could renew it so i did this afternoon(the judge should like that i did it on the first available day). Does the judge ask "how do you plead?" they've never asked me that.. I'll admit to it in court and ask that because of my situation paying the fine will be very difficult, etc.. making it short and not whining of coarse. It just seems BS that he can call it in off shift, etc.. then come on shift and ticket me. My record is fairly clean but it's important to me to keep it that way.. lesson learned, dont follow your friend just because he's speeding through the hills. There was a line of almost 10 cars, he passed the last truck and got behind the offduty cop, the truck went to the right so i could pass even though i didn't care to, but i did anyway and got behind the offduty cop too.. apparently i pulled a wheelie through town and my friend tried to, he didnt have grounds to ticket my friend so he got off free. Thanks though guys as much as i'd like to find a way out or a good tip for court it just doesn't exist.. now that i'm legal i wanna go back to the town and be legal, ride by the cops just to piss em off, but thats obviously not a good idea.. :dw:

How many times have you been to court? You say you have a fairly clean record, but contradict yourself with that statement.

A police officer in most states is never "off duty". They have a responsibility to act when certain crimes such as a felony are committed in front of them. The officer must have believed your actions were extremely reckless to take the time while off duty to call it in.

The judge hears about people that can't pay for whatever reason every day. It most likely will not get you a reduced fine, but they may offer you a payment plan. I would suggest speaking with the DA/CA prior to your trial and see if you can work a deal. It appears that the maximum fine is $250.
 

82Mustang

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I've been to my local court once for having a passenger under 20 when i had my 6 month intermediate license(i was 17 at the time, 21 now).. it was reduced. This is a different courthouse entirely though. how do you know the max fine is 250? this is Washington state BTW and i got 2 different infractions that added up the 674.00 total fine.. (i forgot to mention the price, oops). Also whats/where is the DA/CA? how can they help?
 

txyaloo

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I've been to my local court once for having a passenger under 20 when i had my 6 month intermediate license(i was 17 at the time, 21 now).. it was reduced. This is a different courthouse entirely though. how do you know the max fine is 250? this is Washington state BTW and i got 2 different infractions that added up the 674.00 total fine.. (i forgot to mention the price, oops). Also whats/where is the DA/CA? how can they help?

I read the statute for negligent driving. The other infraction and court costs will make up the remaining fine.

The DA/CA are the district, city, county attorney. Who you speak with is based upon who issued your ticket. City police - district/city attorney. Sheriff = county attorney, etc. They are the ones that can offer a plea agreement before going to court.

I was surprised to see negligent driving in WA is only a traffic infraction.
 

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