Originally Posted by
99RioRedVert
Smokey,
Thanks for posting.
Regarding the rear brake, I believe things happened in this order:
1. the bike fell down [for unknown reason].
2. the fall bent the footpeg/rearset/rear brake assembly causing the brake to engage.
3. the stopped wheel caused the skidmark as I and the bike slid across the ground.
The right side footpeg is severely damaged. I had to unbolt the master cylinder to release the brake pressure. I wish I had examined the bike with you guys there. I feel like that would have shed some light on the situation. However, I was still kinda groggy from the fall and didn't think about everything. I did not lock up the brake myself. In fact, the brake pedal was snapped off. One of the guys at the scene handed it to me.
I wish there was a provision for "shit happens" in the lawbook, as this is certainly a case of it. The officer who gave me the ticket made it sound like he was obligated to write me up for something and this was the only thing that made any sense. Unfortunately, its a pretty stiff ticket and carries all kinds of negative reprocussions.
The only thing I see different than you is the type of skid mark. If the brake locked up when you went down, the rear tire would have left a yawl mark vs the straight type skid that was at the scene. That's why I think the tire locked up before you went down.
As for the "shit happens" provision, the judge holds that not us.