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Old 05-17-2014, 06:40 AM   #1
DAAANG OP
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Standing up reckless ticket in VA

Friend of mine got a reckless ticket in VaBeach for standing for 3 seconds to adjust her pants. Has anyone had any experience with this? I'm not looking for "get a lawyer" responses but instead someone who's actually gone to court for this and fought it (win or lose).
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Old 05-17-2014, 06:54 AM   #2
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Lawyer up.
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Old 05-17-2014, 08:01 AM   #3
biker128pedal
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Quote:
Originally Posted by DAAANG View Post
Friend of mine got a reckless ticket in VaBeach for standing for 3 seconds to adjust her pants. Has anyone had any experience with this? I'm not looking for "get a lawyer" responses but instead someone who's actually gone to court for this and fought it (win or lose).
What was he riding and did he all his gear on? There are a few threads on this. Maybe a few posts in the Richmond thread. Have to look. This is like me getting asked if the XR250L with DOT knobbies has a registration for the plates.

Oh how old is he? Less than 30 then lawyer up.
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Old 05-17-2014, 08:02 AM   #4
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If there were no other "extenuating circumstances" that caused the ticket to be written I'd contact the VA beach Commonwealth Attorney and discuss it with them. If not then "tell it to the Judge". Any rider knows the act of just standing up on the pegs is not reckless as it does not impede your ability to pilot the bike. The VA law against standing up is an example of a "convenience" law put on the books to make it easier for cops to charge someone with something that would "stick" if the rider was acting recklessly. It was never really supposed to be used against someone simply standing up to stretch their legs, get a better view of traffic, etc.

In either case I can't imagine the rider getting more than an improper "driving" charge and just as likely to get it dropped.
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Old 05-17-2014, 11:03 AM   #5
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Might want to inform "the court" that the MSF Basic Rider Course actually instructs riders to come off the saddle when encountering a potential road hazard (pg. 37). If it's part of their curriculum can it be considered unsafe?

Just a thought....
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Old 05-17-2014, 11:14 AM   #6
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TAKE IT TO COURT. Happened to a buddy of mine. He said...Your honour, I was adjusting my testicles....
In the case of a woman....your honour, I was experiencing a heavy flow day, and was checking my plumbing....
Tell the COP that your prostate cancer is giving you a hard time.....let's see the self righteous, insensitive prick pull out his ticket book on that one!
Checking my Depends, officer....
Make it embarrassing for the ADA to even try for a conviction. It's a stupid law. Every time I even see a LEO I stand on my pegs and adjust the boys....so far none have taken the bait.
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Old 05-17-2014, 11:37 AM   #7
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Tell your friend to take a copy of the VA DMV's Motorcycle Operator Manual to court with them and present page 15 to the LEO and Judge.



http://www.dmv.state.va.us/webdoc/pdf/dmv2.pdf



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Old 05-17-2014, 03:25 PM   #8
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Quote:
Originally Posted by Wlfman View Post
Tell your friend to take a copy of the VA DMV's Motorcycle Operator Manual to court with them and present page 15 to the LEO and Judge.



http://www.dmv.state.va.us/webdoc/pdf/dmv2.pdf



.
Rising off the seat for a second to cross an obstacle/obstructions, standing on the pegs for a few seconds to adjust your pants and standing on the pegs for a block or three are three totally different things. Using that defense, I'll guarantee the Judge will ask the LEO if there were any obstructions in the roadway and we already know the answer. You could mention that MSF recommends rising off the seat in certain situations, but I wouldn't use it as my one and only defense.

If it were me, I'd just tell them the truth, that I was adjusting my pants and sat back down as soon as I had done so. If that was indeed the case she probably sat back down way before the blue lights came on.The LEO will confirm that to the judge. Now, if she was standing for half a block that may not fly.
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Old 05-19-2014, 08:22 AM   #9
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VaBeach? Sorry...get a lawyer.

I got a reckless ticket down on the strip for duck-walking my bike, with the motor turned off between two cars to get to a parking spot. The code I was cited for was for passing on a hill or curve where the driver can not see. Cops didn't care, prosecutor didn't care, judge didn't care. I got a lawyer and it was reduced to improper driving at court. If I remember correctly the court costs at $50 were less than the fine (this was 10 years ago). As an aside, when I was shopping for insurance I told the company about my improper driving ticket they had no idea what it was.

Long story short,your friend needs a lawyer to get the fine for riding a motorcycle reduced as much as possible. Is it right? No. Do they do it anyway? Yes.
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Old 05-19-2014, 08:29 AM   #10
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Old 05-30-2014, 04:45 PM   #11
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A guy here in Richmond got a ticket a little over a year ago for standing on the pegs. He was riding on the pegs. Not adjusting anything. Someone in the Richmond forum suggested a Richmond law firm made up of riders who defended him for free and got it thrown out. It may have been Freaking RT who made the suggestion. At the very least I would call them to ask what their winning argument was based upon. I want to say all posts on the subject were nuked. Maybe just ask some questions in the Richmond chatter. Sorry I cannot help more.
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Old 05-30-2014, 04:52 PM   #12
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Have to say, law enforcement in VA as told here and on NASIOC makes me very uninterested in a tourist visit.
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Old 05-30-2014, 05:24 PM   #13
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Wow, I will ride standing for a lot longer than a block.
Gotta get some air down there from time to time.

Makes me think of my 1st Saddlesore 1000 ride, on a DRZ with a stock seat...
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Old 05-30-2014, 05:30 PM   #14
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In front of the judge, ask the ticketing officer if there were any less than 2 wheels on the ground at any time, if any painted lane markers were crossed, if at ANY TIME THE BIKE WASNT IN COMPLETE AND TOTAL CONTROL.

A cager lighting a cigarette is commonly more reckless.
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