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Careless driving ticket in Nebraska

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  • Careless driving ticket in Nebraska

    I was wondering if you fine folks might be able to give a bit of insight on a ticket I recently received. I've been ticket free for over 5 years and then...today happened. I have an enduro bike (more or less a street-legal dirt bike) and was riding to the college in my town to do some research at the library. Sometimes, those skinny dirt bike seats start riding up your you know where, so I rode standing up for about a quarter of a mile. I know I didn't weave drastically, or "endanger" anyone directly. I'm wondering if you all think that this really constitutes a careless driving ticket. Also, one weird thing about the pull over. I was pulled over by a university cop across the street from the highway bordering the university in a residential area. I have a CDL license and he told me that I did not have a motorcycle license but that he'd let that go for today and give me a careless driving ticket due to the seriousness of the situation. I do have a motorcycle license. The location of it on the license is right next to my other endorsements (doubles-triples, and tanks). All the endorsements codes are also defined on the back of the license. What kind of police officer doesn't know these things? Also, is it legal for him to let me go if he doesn't believe I have a motorcycle license? This confuses me and I'd appreciate any help you could give me.

    Thanks for the responses,
    Mike

  • #2
    Some cops aren't known for exceptional thinking qualities. Some make a burnt out light bulb light up a room. With that said....

    Do you feel that you were driving like he said?
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

    Comment


    • #3
      Personally, I was not worried in the least about hurting someone or their property. I felt in complete control. There's a stop light that you have to turn at, and when I got to it I stopped the bike, balanced on it while standing for 3 or 5 seconds, then took off and made the turn. I sure didn't feel dangerous, and I am somewhat aware of danger (because I hate being laid up and I don't want the guilt of hurting someone else). There's that part of the story.

      Thanks for the reply,
      Mike

      Comment


      • #4
        Ahhhhh! You "felt" that you were in control. Apparently that's not the way it appeared to the cop.
        Last I knew university cops, in most places, are "POST certified", meaning that they completed the Peace Officer's Standards and Training courses, thus getting certified. Thus becoming not the "mall cop" kind of cop, but an actual law enforcement officer. So if you try to say that they were outside of their jurisdiction, you'll get laughed at. In most states that I know of if you are POST certified & employed by a department or agency in a given state, you have the authority anywhere in the state, though Standard Operating Procedures generally frown on that. A cop from San Diego CA technically has the right to write someone a ticket for speeding in Arcata CA, provided they are on duty at the time, but it's a bad idea.

        I guess all you can do is go to court and see what happens. Or pay the fine and let it go. Or, even better yet, talk with the DA about getting a deferred prosecution agreement, and in that agreement offer to take (and pass) a motorcycle safety course.
        I've seen that done before. Offer to take the motorcycle safety course, pay the fine, and so long as you keep your nose clean for "X" months, the charge is dismissed. If in that "X" month period you get another ticket, that careless driving charge can come back and then you have to fight TWO charges.

        Hope that helps!
        I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
        Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
        I also may not have been either sane or sober when I wrote it down.
        Don't worry, be happy.

        http://www.rcfp.org/taping/index.html is a good resource!

        Comment


        • #5
          Have you seen this happen to someone who has a CDL? The DA's clerk says that since I have a CDL, I can't do anything like that. Also, a friend of mine who is a criminal justice major (obviously not an expert in the field, but more so than I am) said that I might have a chance if I go to court and plead no contest and tell my side of the story. He says that he's gotten out of quite a few things this way. What are your opinions on this?

          Comment


          • #6
            Das ist in der Doktor!

            Originally posted by mikeybb View Post
            Have you seen this happen to someone who has a CDL? The DA's clerk says that since I have a CDL, I can't do anything like that. Also, a friend of mine who is a criminal justice major (obviously not an expert in the field, but more so than I am) said that I might have a chance if I go to court and plead no contest and tell my side of the story. He says that he's gotten out of quite a few things this way. What are your opinions on this?
            I'm sure you realize that pleading no contest is the same as you pleading guilty for sentencing purposes.

            Once those words leave your lips it's a done deal.
            Your side of the story like our opinions will be irrelevant.
            As far as you having a chance if you go to court and plead no contest...
            Why, I'd take the advice of a criminal justice major any day of the week.
            ....NOT!!!!
            I'd suggest you ask an Attorney not a criminal justice major but suit yourself, it's your neck that's in the noose,
            not your "FRIENDS" who says that he's gotten out of quite a few things that way.
            Good Luck..
            .._________________
            ~ Free advice is like a public defender,
            you get what you pay for. ~ drr

            Comment


            • #7
              Well, thanks for the opinion ruthless. I'm simply saying that this friend has more knowledge of the "rules" of tickets and what not. I'm in no way saying that this friend, or anyone on here will decide what I will do for me. I'm simply polling for opinions of people who may know more about this matter than I do. I did not know what pleading no contest meant, but thank you for clearing it up.

              Thanks,
              Mike

              Comment


              • #8
                Your best bet might be to talk to a traffic law attorney in your area.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  If I were in your shoes Mike, I would withhold a plea until I completed a review of the discovery. I'd then make a motion to the court requesting Discovery. Discovery is where they present all of the stuff on your case that they have.

                  I would demand a copy of the dash cam video as well.

                  They cannot change motor vehicle laws just for you, so if you were riding carelessly or recklessly, then fess up and take it. On the other hand, just because you have a CDL does not mean that you are now covered by laws that govern no one else. (per your comment about them claiming something about your CDL)
                  With exception to driving intoxicated.

                  But then, I'm old, cantakerous snot. Heck I have even been outright disrespectful of the local barber (I'm known for pushing the envelope).
                  So I never have a problem fighting my own cases.
                  I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                  Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                  I also may not have been either sane or sober when I wrote it down.
                  Don't worry, be happy.

                  http://www.rcfp.org/taping/index.html is a good resource!

                  Comment


                  • #10
                    Das ist in der Doktor!

                    But then, I'm old, cantakerous snot. Heck I have even been outright disrespectful of the local barber (I'm known for pushing the envelope).
                    So I never have a problem fighting my own cases.
                    WoW !! You ARE brave!
                    My Mama taught me to never argue with a man that has a razor or scissors in his hands,
                    until he puts them down...

                    I never once heard that women threaten anyone...
                    she made promises..
                    the kind you did not want her to keep...
                    ..______________________
                    ~ It has been said that necessity is the mother of all inventions.
                    However personally,
                    I have found that poverty not necessity to be far more inspiring. ~ drr

                    Comment


                    • #11
                      Why do people not want to take advice from people who deal with issues every day and instead rely on what their "friends" tell them?
                      I find that the harder I work, the more luck I seem to have.
                      Thomas Jefferson

                      Comment


                      • #12
                        Originally posted by Morgana View Post
                        Why do people not want to take advice from people who deal with issues every day and instead rely on what their "friends" tell them?
                        Because a friend is more likely to say what they think you want to hear. (A true friend will tell you what you need to hear.)

                        Comment

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