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WTF!? i need your help!


jermattak
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Ok...so...I got pulled over for speeding tonight, and in addition to speeding, he said that I was illegally riding at night!? I have my liscense, I passed the test with a freaking 95 or something. My license says MC Novice, and thats why he said I wasnt aloud to ride at night, he said with a MC Novice license, you

1. Have to wear a helmet

2. No passengers

3. No riding at night

WTF!? Thats what it was like back when I had my temps! To my understanding Mc novice is given to you for the first year after you pass the riding test, and it just means you have to wear a helmet. I lost the paperwork they gave me when I passed back in may or something.

I already know I'll be getting raped on the speeding ticket part (deserved it), but Im not about to bend over, and let Johnny law and his boys pull this fascist train on me!

this is what I keep stumbling upon, can someone give me more info? I think they were confusing the temps, and the mc novice thing. I even had to show them (yes, them, there were 4 cops) where it said MC novice on my license.

"". . . No person who is under the age of eighteen years, or who holds a motorcycle operator's endorsement or license bearing a "novice" designation that is currently in effect as provided in section 4507.13 of the Revised Code, shall operate a motorcycle on a highway, or be a passenger on a motorcycle, unless wearing a protective helmet on his head, and no other person shall be a passenger on a motorcycle operated by such a person unless similarly wearing a protective helmet. . . ."

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Yeah, that's bullshit. They are wrong...you are right. They are definitely confusing Novice and temporary permit...pretty sad when 4 of our finest don't know what the law is...

Hell, my license says Novice, too! I'm not going to get a new license until this one expires though...

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How long have you had your motorcycle endorsement? I think the novice only stays on your license for a year...after that you could get a new license without the 'MC Novice' designation.

Edit: Either way, you need to fight it and maybe you can get off the speeding ticket, too. You can claim that if they are so incompetent they don't know the laws then they can't be trusted to work a radar detector either.:D

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Yeah, they're wrong about the night riding. That is only on temporary's. Geesh, if that's how it is, I'm glad I haven't had that novice on mine for years. I can't believe that 4 freaking cops don't know the damn laws that they're suppose to enforce. All 4 of those cops are uneducated officers. Rediculous to say the least.

You'll win that little bit of your ticket man. Don't worry about it. ;)

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You are correct. The novice brand only means you must wear a helmet. The best thing to do is go to courrt and plead not gulity.then go to the first arraignment and show the prosecutor that the cops were wrong and that you want the charges droped or greatly reduced.It might be better to take a lawyer for that part but not totatly necessary.Don't take a no points speed that is the same thing to the insurance companies.If you can show that the cop was wrong (they were) you can get all the charges dropped some of the time.

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thanks guys, and yeah, I know it was 28 out. It was cold, which was the reason I was speeding. I was in sixth gear going the speed limit, then i was like crap...its cold, so I twisted the throttle a hair to get home a little faster (instinct, right?), didnt pay attention to the speedo, and I got clocked at 71 in a 40, im dead meat.

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Keep in mind that if you fight the ticket and are found guilty anyway, you have to pay court costs on top of the fine and insurance increase.

Yes, they are wrong on the night-riding thing. Good luck if you fight the speeding ticket, but I would plead 'no contest' to the speeding part and not guilty for whatever the night riding portion costs you.

be nice and be remorseful. Judges like it when you feel bad. they hate it when you're defensive and indignant. Like you said, you're effed on the speeding part, so all you can do is apologize for that and hope for the best.

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I haven't had the pleasure of being to court to find out, but I thought if you won, they waved court costs. If you mail in the ticket it's an "administrative fee." Now that I HAVE dealt with... you know those "fines double in work zones?" signs. The fine doubles, but the administration fees don't. Really shows you how much of your ticket is for speeding!

my $150 speeding ticket was "doubled" to $230

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They could have gotten you fro reckless opp also, I think it is more than 25 over the limit. If you push your luck then they will amend the ticket and then get you good. What I have done here (franklin county) is request a couple of continuances until they send it "upstairs" to an actual courtroom. I sit there quietly while the judge listens to some crazy ass cases then you talk to the prosecutor, he wants a win, so give it to him. Show him the ORC where it says that you can ride at night and he will drop it then ask that the speeding charged be dropped by a few MPH or changed to a different violation.

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thanks guys, and yeah, I know it was 28 out. It was cold, which was the reason I was speeding. I was in sixth gear going the speed limit, then i was like crap...its cold, so I twisted the throttle a hair to get home a little faster (instinct, right?), didnt pay attention to the speedo, and I got clocked at 71 in a 40, im dead meat.

Hamilton-Mason or Tylersville?

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You have to pay court costs no matter what you do. even if you just mail the ticket in and never step foot in a court room, they still nail your with court costs.

Yep he's right. If you lose the case the amount of the fine is reduced to offset the court cost so that in the end you pay the same amount whether you plead guilty versus being found guilty.

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the extra cops probably just showed up to see your crazzy ass out on DECEMBER 26! :lol:

depending on your traffic court setup, plead not guilty the first time, go back on your scheduled court date and talk with the prosecutor before your case is called. explain the details with him and he should help you out getting the ticket reduced

it's always worked in my cases, but maybe it's because I look so good in a suit and tie

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the extra cops probably just showed up to see your crazzy ass out on DECEMBER 26! :lol:

depending on your traffic court setup, plead not guilty the first time, go back on your scheduled court date and talk with the prosecutor before your case is called. explain the details with him and he should help you out getting the ticket reduced

it's always worked in my cases, but maybe it's because I look so good in a suit and tie

It's always a good idea IMO to plead not guilty. At least you have the chance that the case will get dismissed or be able to negioate a better deal. Worse come the worse you'll pay the same amount whether you plead not guilty or not. I guess it is all a matter of whether you have the time to do so.

I was given a speeding ticket back in 2005 for 71 in a 55 but the ticket was dismissed because the Franklin County Clerk of Courts mailed the court date notice to the wrong address. They somehow managed to screw up the street name and mailed the notice to Olenganty River Road instead of Mercedes Lane. I printed Mercedes Lane on my ticket and had never lived on Olengtany. Oh well, it was their mistake and it benefited me in the end so I wasn't complaining. :badgerrock:

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to touch on everyones q's and comments at once, I will not be getting a lawyer. The mc novice thing will be easy to prove, and in my opinion it pays to talk smooth, and look nice, rather than pound your fist and say you werent speeding. So im just going to pay up. I cant mail in the ticket, I have to go to court becasue i was going 25 over.

and chris, It was on tylersville.....in WEST CHESTER! (to the non-Nati people, that means my balls will chopped off, and handed to me)

funny thing is, is that I very rarely speed on the bike, I only speed in the twisties, and when im on an open highway where i know there are no cops.

Im so pissed though about the novice thing though. The urge for me to kill at that moment was unreal. The cop walked up smiling and stuff, and made the novice thing into a game, he told me if I could tell me what the restrictions were with a novice license were, I would be fine...obviously, to him, I wasnt correct.

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does anyone have link or paperwork showing the limits of an MC novice?

its just the helmet thing. you posted the ORC in your first post. thats it. the temp permit is the nighttime riding, no fast/busy roads, and no passengers. you could just go to the bmv or something and ask someone there if you need anything else. not sure why you would though.

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