Beating a ticket for driving with out license?

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x0054 · #1 Unread post by **x0054** » Mon Apr 09, 2007 4:29 pm

Hi all,

A bit of a bad day today. Here is the short story what happen, perhaps some of you might recommend some ways to deal with this and the best way to get out of this. I live in San Diego, California, BTW.

I had my new bike for about a week now, I got used to riding it and am very comfortable on it now. I can easily pass the riding test for the licensing now. The bike was registered in my name, but I have not paid the $275 transfer fee, because my debit card was expired. So, today, in the morning, I decided to take the bike into the DMV to pay for the title/registration and get my written and on the road tests done. On the way to DMV I pulled over next to my bank on the side walk to activate my new debit card, as DMV does not take credit. Well, lucky me, a cop was just passing by and she pulled me over.

Now, I know driving on the side walk seams bad, but this is Downtown San Diego, and there is no parking what so ever around my bank, no meters, nothing. And the sidewalk is as wide as a 2 lane street, and I have seen people park there bikes there constantly.

Any way, so I got pulled over, and the cop gave me a ticket for sidewalk driving (even though I was not technically driving on the dam sidewalk), for no proof of insurance (even though I had my liability insurance for my car, which would have covered me in an event of a crash), and no license.

They towed my bike, I ended up going to DMV, getting the registration and the permit license, and then going to the impound to get my bike out. Keep and mind that I was one block from my house when I was pulled over and the "dog" would not let me pull the bike into the garage by hand.

And then of course, I got home and got the bike insured, something I could not do until I paid for the title. Any way, so the situation is, now I have a court date, and the 3 citations that I have to take care of, sidewalk, no insurance, and no license.

Considering that I got all those things taken care of today, as I originally intended, and before I go to court I will have full motorcycle license, what do you think are my checnces getting at least the no insurance and no license thing thrown out. I can probably pay the sidewalk ticket, though I think it's a BS ticket.

Any suggestions on how to sell this hole thing to the Judge? Any tips? I have been driving fast cars since I was 17, and have about 7 years on my record, and I never, ever, have been stopped until now. So I am a bit lost as to the way the whole traffic court works, a new experience for me.

Thanks for any tips,

- Bogdan

#2 Unread post by **Koss** » Mon Apr 09, 2007 4:35 pm

I'm not a lawyer... I have no idea how to pull that off. All I want to add though is that the police officer was just doing her job. You don't have to think of her as a "dog".

Why were you riding the motorcycle to the dmv? You have a car, and you were even a block away from the bank... I don't really understand. I'm not trying to stir the pot, but I just don't really understand it all.

shalihe74 · #3 Unread post by **shalihe74** » Mon Apr 09, 2007 5:05 pm

Disclaimer 1: I'm not a lawyer. Disclaimer 2: I have no idea how it works in CA.

But... I have had a lot of tickets in NC (:angel2:) and, based on those many experiences I would say:

a) You're screwed on the driving on the sidewalk ticket. Maybe a traffic lawyer could talk the judge into traffic school for you? Or a prayer for justice continued (if you have those in CA)?

b) You might be able to go in on your court date and show them that you've fixed the lack of license issue and have them toss that ticket out. I got pulled over once (in my car) in NC and got nailed for 1) driving with an expired license (I liked that picture a lot and didn't want to turn it it), 2) driving with expired registration (guilty of being lazy) and 3) driving with out-of-date emissions sticker (need a valid license and registration to get tested). All I had to do was go in on the court date, show the DA my new license (with its crummy picture

), new registration and emissions certificate and I was good to go. Still had to pay court costs, mind you, but there were no other penalties.

c) Ya may be buggered on the insurance, too, or it may work like the things in (b). In NC, the insurance companies are required to tell the DMV if your insurance lapses. If it does, you get a letter saying "We think you were driving w/o insurance. Please provide proof that you either 1) don't need insurance (i.e. sold your car, totaled your car, turned in your plates) or 2) give us $250 and proof of insurance. (Yeah, yeah... that's experience talkin, too.) Dunno how it works when you get a ticket for no insurance, though.

All in all, I'd recommend calling a lawyer (or three) who specializes in this kind of thing. They should talk to you, tell you how things work and what your options are for free.

Every one I've ever had to hire did, at least.

I only look sweet and innocent.

Good luck!

ofblong · #4 Unread post by **ofblong** » Mon Apr 09, 2007 6:23 pm

You should feel lucky. In michigan if you get pulled over with no insurance you goto jail for the night and you get a ticket with a big fine and you get a court date to tell the judge why you dont have insurance. The kicker to the whole thing is you arent required to have insurance here lol.

Shorts · #5 Unread post by **Shorts** » Mon Apr 09, 2007 8:25 pm

You screwed up by riding the bike instead of your car. If the judsge asks you the same, what will you say? I can understand your excitement and enthusiasm to go ride your new bike. But this is a good example of why you should err on the side of caution in cases like "should I ride my uninsured unlicensed bike or take the car just to be safe?".

As for getting out of it, well, its a crap shoot. Good luck.

Edit: I know downtown SD, so I can feel your pain about the hassel of parking and traffic down that way. In that case man, you shoulda found some semblance of a parking lot/spot and hauled butt. Since you were illega on the bike, you needed to play everything else safe as far as attracting attention goes. You just got caught.

flynrider · #6 Unread post by **flynrider** » Mon Apr 09, 2007 9:48 pm

I got used to riding it and am very comfortable on it now. I can easily pass the riding test for the licensing now.

Have you taken the CA DMV test before? I've been riding for over 25 yrs. and I don't think it's all that easy to pass consistently. Hope you don't have a big bike.

for no proof of insurance (even though I had my liability insurance for my car, which would have covered me in an event of a crash), and no license.

What kind of car insurance will cover your liability on a bike? That doesn't sound quite right. Everyone I know has to buy a separate motorcycle policy to be covered for liability on a bike.

If you show up in court with a motorcycle license, you might get the penalty for no license tossed out. I doubt you'll get the sidewalk ticket tossed. If you can show the judge the part of your car policy that says you're insured for liability on your bike, you could get that one tossed too. They're not so picky about having "proof" of insurance if you can show that you were actually insured on the bike at the time the ticket was issued.

#7 Unread post by **Sev** » Tue Apr 10, 2007 2:50 am

Sad to say, I don't feel sorry for you here. You knew the law - and you didn't follow it anyways. Which is all well and good, but you got caught - now you have to pay the price.

I think you should consider yourself lucky that something bad didn't happen while you were on the bike. No insurance and you hurt someone = your "messed" for the rest of your life.

bmgibben · #8 Unread post by **bmgibben** » Tue Apr 10, 2007 3:26 am

Not sure how it works there, but here in NC, you dont have to have "proof" of insurance in an accident. As long as you actually ARE insured. Ive been in an accident and gotten a ticket recently, neither asked for any proof of insurance. I had plenty and multiple ways of verifying it if they wanted (had card and family member works for the company im insured with, so they could find the insurance # easily). Now, if you dont have any and you go to court, you are screwed.

Fathertork · Tue Apr 10, 2007 7:19 am

Did you get your insurance a licence the same day as the ticket.
If so, you were licenced and insured that day. I doubt there is a time stamp on the effective date of either, probably on your ticket though.

It would have been a lot easier to take the car untill these things were done

x0054 · #10 Unread post by **x0054** » Tue Apr 10, 2007 1:37 pm

Yeah, I did. I got both the same day. I was actually thinking of maybe sending copies of both to the prosecutor and maybe they would drop those charges. Honestly, I would gladly pay the sidewalk ticket, if that was the only one. I think maybe they will drop the license one more easily, because, quite honestly, that one is such BS. All I had to do is take the written test to get the permit. That test is a joke. Not to mention that the model answers to some questions are incorrect. For instance, it asks you about turning and counter stearing, and they give you both answers, one that's correct at high speed and one that's correct at low speeds. I talked to the DMV guy and he just crossed that question out, did not even count it.

You right though, I should have been driving though.

- Bogdan