Got a ticket - need legal advice

[CBRzach]

Now I know most of you guys and gals probably arent lawyers, but I'm hoping to get some info from you based on past experiences.

I got nailed doing 81 in a 65 the other day in Dayton on 675 near the Greene and I did not have proof of insurance on me. I got home and went to print out a new card and low and behold, my insurance was expired. Apparently the way I had it set up, it did not auto-renew. So now I'm pretty sure I'm fucked. I did reinstate the insurance but the card shows coverage beginning on 3/19 and I got pulled over on the 17th.

Ohio law dictates a minimum 90 day suspension of license for first time offenders. Once that term is served then I have to file for SR-22 "High Risk" Insurance as well as a $125 reinstatement fee. I also have to get the bike reregisted as well. The insurance is required for 3 years minimum. Apparently this affects all my vehicles so i wont be able to drive me jeep either.

My friends are telling me to plead not guilty next week at court and then hire a lawyer. I'm wondering if I should hire one now or what. I dont expect to get away with this, but if I can somehow that would be amazing. Hopefully the cop doesnt show or something. I dont know.

I need you advice, past experiences, etc...

[kawi kid]

you might be screwed. on this one man.

[Radio Flyer]

Print out a statement showing you payed for that months insurance? It may not show the date.

[Disclaimer]

Not to call you out, but how do you let insurance expire? Most companies give you plenty of notice that your policy is up and you need to pay for another year...

I think you might've boned yourself on this one. G/L w/ that.

[jeremygsxr]

Go to court, plead not guilty. See if the officer shows at the second date, if so, ask for continuance to seek counsel. Then, get an attorney. If he does not show at the second hearing, ask for dismissal. They may continue on the states behalf once. At the third hearing if he does not show ask for dismissal again, I don't believe they can go any more.

That is how my last altercation ended, no show po-po, 2 times. Horray for the bad uys.

[OfcMav]

You are prolly screwed, and don't ever bet on the cop not showing because that is mos def overtime for them if it is not their normal shift, and I am pretty sure they love overtime and the money that comes with court time. Atleast the suspension is only 90 days, and the sr-22 bond isn't that bad, just a few more hoops to jump through. The reinstatement fee and the 90days is way cheaper than some lawyer who prolly wont get you out of it anyways since not displaying proof of insurance has nothing to do with the speeding ticket itself. I guess not to be a smart ass but for future reference don't let your insurance run out next time. Wish there was better legal advice to be given!

[jessecwalters]

That sux man. Hope u get out of all that crap, and that you remember to renew you insurance

[R1_MP]

I agree completely with Jeremygsxr. If the cop doesn't show two times in a row the judge will have no choice but to dismiss the case. Odds are the is the cop doesn't show the first time it won't go any further. Not having valid insurance is a big deal, but it's not worth several court hearings. As long as you have it up to date when you got to court the ADA shouldn't push the issue.

[CBRzach]

I agree completely with Jeremygsxr. If the cop doesn't show two times in a row the judge will have no choice but to dismiss the case. Odds are the is the cop doesn't show the first time it won't go any further. Not having valid insurance is a big deal, but it's not worth several court hearings. As long as you have it up to date when you got to court the ADA shouldn't push the issue.

Yeah it has current insurance on it now. I think I will fight it. I dont think it can hurt anything other than delay the inevitable if I end up getting convicted.

[2wheels>4]

No matter what you are probably going to get boned with a suspension. That part is civil, not criminal so they don't have the same due process, or at least that was how I understand it... Either way it has to do with you signing a paper stating that you would keep insurance or a large bond, blah, blah, blah....

The good news is that you can apply for work driving privileges at the same hearing where they suspend you. Then I think they let you keep your tags, but take your license card. Just don't get popped driving anywhere but work for 90 days or you will get horse fucked by the man then.... repeat offenses get steep penalties and I think on the third time you loose driving privileges permanently.

I had a friend that got screwed on this, he let his lapse shortly after HS because his car was broke and he was riding with other people. Because the car was still registered though, he got the "random" letter and lost his shit without even driving the car... If you read the print on your registration it should give you all the gory details regarding penalties and hearings and such.

[knodel]

i would just alter the date no big deal when you goto court to show proof the girl at the desk just looks at it least thats how it was for all of my tickets pay the fine and go on

i guess i am a little confused why you have to goto court and plea you should only have to go to the court to show your insurance card "fix" the card and mail in your fine be done with it i have had a few tickets 2 for 96 in a 65 i never had to go to court i just mailed in the fine if you need a good lawyer talk to jon paul rion i can give you his number i got busted last year for over 120 in a 65 up 75 got it reduced to 75 in 65 50 buck fine

Edited March 21, 2009 by knodel

[easyglider]

Not that I agree with letting your insurance expire but...Go buy a printer and scanner.Now scan your insurance card and alter the date then take that with you,chances are they aren't calling to check on this just do a decent job with the photoshop.

[John]

burn down the police station and flee to mexico.

[MadMax33]

Those liter-bikes have no chance in Hell of outrunning a Crown-Vic so I'm glad you stopped when you did. The only tickets I have ever gotten happened when I was on a highway, going from one set of twisties to another. Now I only speed on the backroads and even then, nothing too crazy. My bike likes the curves, not the straight roads. Plus it's more fun to hit a corner fast than to just fly down a road that anyone can haul ass on, really. Don't count on the cop not showing up. Just remember to renew your insurance next time...

Edited March 21, 2009 by MadMax33

[fusion]

What date did it expire compared to when you renewed?

[cbrjess0815]

i did this once as well. I was a retarded young adult in my late teens. I got my license suspended for it my SR22 is just now finally gone!

[gixxie750]

Deff do the scanner and altering date thing....... I cant say how,but i know that works!!!!!

[natedogg624]

photoshop is your friend.

[cbrjess0815]

there is a slight chance they will call and verify... like 10%. They do it randomly

[smashweights]

lets not forget that presenting false documents would be a crime if caught. i hate they pulled you over for 81 in a 65. I do 85+ all the time on the highways around columbus, but that's only because that's the speed EVERYONE is driving. I get passed doing 80 most of the time.

[Disclaimer]

Not that I agree with letting your insurance expire but...Go buy a printer and scanner.Now scan your insurance card and alter the date then take that with you,chances are they aren't calling to check on this just do a decent job with the photoshop.

best bet there! I did that once to add a year to my age so I could pick up show cars for our college car show... you had to be 21 and they wanted a photocopy of your license... so I faxed it over after adjusting it. They didn't let me take a Porsche, but the Solara I picked up wasn't a dog by any means.

[mace]

As faar as ins you are probaly screwed, but sometimes you can attend a class and not have the points from the speeding tic on your lic.

good luck

mace

[DangBruhY]

If I recall correctly, you said that it was a Highway Patrol that pulled you over? He probably got you with Lidar. If that's the case, there is no way you are going to win. ALSO, Highway Patrol Officers get either time and a half or double time to go to court. So they are ALL about that. As far as your insurance... I think you are just screwed man.

I'm sure mojo will verify all of what I said being correct.

Good luck!

[OfcMav]

If I recall correctly, you said that it was a Highway Patrol that pulled you over? He probably got you with Lidar. If that's the case, there is no way you are going to win. ALSO, Highway Patrol Officers get either time and a half or double time to go to court. So they are ALL about that. As far as your insurance... I think you are just screwed man.

I'm sure mojo will verify all of what I said being correct.

Good luck!

Very true. And the common misconception that the officer has to be present at the first and second court dates is a joke. the officer only is required to show up for the Trial. So heed our advice and just take the guilty and sr22 bond and 90 suspension or have attorney fees out your butt and court costs and still a suspension. Just tryin to help!

[black cat 13]

I got caught last year w/ no ins well thats how the card looked like.

On your ins statement the dates may be different? Also like everyone else is saying go to court and have everything pulled together befor you go and you should be ok.plead guilty to speed. And try to plea it down.

One big question did you get a ticket for no insurance at time of incident?