Motorcycles in the HOV Lane?

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Old Jan 14, 2015 | 10:46 PM
  #21  
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Originally Posted by IDRIDR
The officer not showing up is not too surprising
Not surprising indeed, but disappointing, if not even a little spineless, nonetheless!
 
Old Jan 15, 2015 | 12:14 AM
  #22  
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Great follow up.
Thanks for coming back to post that.
I got a ticket in a "trap" one day for passing on a double yellow. The spot in contention was a 1/2 mile long passing zone with a 15yd dip in the middle, where it was double yellow, which is exactly where the cop sat. The dip wasn't so deep that you couldn't see a car, in fact you could see from the bumper up. You just couldn't see the lines on the road, until it was too late. And the cars boxed me out, so I had to continue passing all of them...no really!
Well, it was fall, and as the cop came to give me my ticket he smirked. Then he asked me if I had a car, which I didn't and I told him so, and then he laughed and said your court date is Feb. 15th or you can pay $70.
I rented a car for $25 bucks a day and went to court. The DA doing pre-court proceedings calls everyone and tries to settle before court. As soon as he asked me why I was contesting the charge and he looked at the spot where the ticket occurred, he dropped the charges and actually apologized. Worth every penny to a poor college student at the time. 2hrs down, 30 min there, and 2 hrs back. I saved $35.
It is/was worth more, I think, for both of us to keep our records clean.
And to negate the workings of a cop that abuses the power we give them.
Too many good cops out there, looking out for us and doing the right thing.
 
Old Jan 15, 2015 | 01:55 PM
  #23  
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Originally Posted by MaximusPrime
I got a ticket in a "trap" one day for passing on a double yellow...as the cop came to give me my ticket he smirked...The DA doing pre-court proceedings...dropped the charges and actually apologized.
Yup, that kind of thing's a nice feeling when it happens. It also illustrates the 'interpretive-ness' of the law, & that LEOs are often just testing what they can get away with when they write a ticket.

I'm always amazed whenever I'm in traffic court how many of the other defendants in there with me are prepared to just roll-over & plead guilty without even trying to present their interpretation of the law, & the situation, to the judge.

There's the 'letter of the law', & then there's the 'spirit & intent of the law'. Sometimes complying with the latter, like in your case, requires breaking the former.
 

Last edited by go cytocis; Jan 15, 2015 at 02:09 PM.
Old Jan 15, 2015 | 02:56 PM
  #24  
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Originally Posted by MaximusPrime
It is/was worth more, I think, for both of us to keep our records clean.
And to negate the workings of a cop that abuses the power we give them.
Too many good cops out there, looking out for us and doing the right thing.

I've had many more 'good cop' interactions than bad ones. But those bad ones sure leave a sour taste.
 
Old Jan 15, 2015 | 08:32 PM
  #25  
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Originally Posted by go cytocis
As long as there are no signs specifically excluding motorcycles from the lane, your friend would then be well-advised to fight the ticket by specifically referencing the BC Motor Vehicle Act 42.02(3d). It clearly exempts motorcycles from HOV restriction, unless signs indicate otherwise. You should also feel free to ride in the lane!
He emailed me back last night - he went to court to fight it and lost. The Judge agreed that it was a little vague, but in the end said unless there's a symbol on the HOV sign with the car with 2 people in it, then motorcycles weren't allowed, and it was a BUS only lane. I completely disagree with the Judge, reading section 42.02 of the MVAR - it seems very clear than unless there's signage specifically excluding motorcycles from the HOV lane, then they are allowed.

The reality of the legal system is that even if you have a 100% clear open-and-shut case, you still only have a (at best) 90% chance of winning - it all depends on the Judge you get, what side of the bed he/she got out of that morning etc.
 
Old Jan 16, 2015 | 01:53 PM
  #26  
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Originally Posted by rgmr250
The reality of the legal system is that even if you have a 100% clear open-and-shut case, you still only have a (at best) 90% chance of winning - it all depends on the Judge you get
True enough! But the reality also is that if you just pay your fine without even trying to defend yourself in court, you have a 0% chance of winning.
 
Old Jan 16, 2015 | 08:59 PM
  #27  
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Originally Posted by go cytocis
True enough! But the reality also is that if you just pay your fine without even trying to defend yourself in court, you have a 0% chance of winning.
I agree fully. I will always fight something if I feel that I wasn't in the wrong. I'd rather spend the same amount of money (that the fine etc. would be) defending something rather than rolling over and taking up the rear. However, there are some situations where you're 'costs' of fighting far outweigh the actual fine, and financially, you might be better off just paying it.
 
Old Jan 17, 2015 | 12:24 AM
  #28  
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I've paid a bunch of fix-it tickets, mainly because it is easier and cheaper than scheduling an appointment and losing work time to prove you fixed it. Things like license plate lights, or a rear bulb that went out.
All of the times I've been pulled over on the KLX it was because they thought I was on a dirtbike and wanted to make sure I and the bike were legal. Or they use the classic, I couldn't see your 1/2"x1" inspection sticker on the fork leg while we were passing each other in a 50mph zone.
I've also had Maine Fish and Game wardens waiting for me at the end of a trail. They just nod and smile when they see the big off-road reg. sticker on the fork leg. Luckily I haven't run into any of the guys that are followed by a tv crew...
 
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