Wrecked my bike. Need a lawyer.
09-21-2009, 07:34 AM
#11
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Re: Wrecked my bike. Need a lawyer.
Rich is actually right... Go to court without a lawyer.
The officer did not witnss you being reckless, he has to testify to that. The judge has no choice to dismiss the case unless you throw yourself under the bus. If you tell them what happened (and in your case, you weren't being reckless), you're fine.
I wrecked a car a few years back swerving from a deer. I received a reckless driving ticket for failure to maintain control of my vehicle. The officer even told me that it would probably be dismissed since he didn't actually witness the accident, he was just required to give me a ticket. -- Day of court came, I went without a lawyer. Officer gave his testimony - "I arrived at the scene of the accident after the fact, yada yada yada, didn't witness him being reckless, didn't appear to be speeding, no skid marks, etc. etc yada yada yada" -- Judge agreed, and dismissed it, as well as another similar case about 5 dockets before mine.
On another note, I'm glad you're ok... Sounds like the gear did exactly what it was supposed to. and DAMN YOU for wrecking my dream bike...
j/k -- Think you can fix it? / What do you plan to do? Get another one?
The officer did not witnss you being reckless, he has to testify to that. The judge has no choice to dismiss the case unless you throw yourself under the bus. If you tell them what happened (and in your case, you weren't being reckless), you're fine.
I wrecked a car a few years back swerving from a deer. I received a reckless driving ticket for failure to maintain control of my vehicle. The officer even told me that it would probably be dismissed since he didn't actually witness the accident, he was just required to give me a ticket. -- Day of court came, I went without a lawyer. Officer gave his testimony - "I arrived at the scene of the accident after the fact, yada yada yada, didn't witness him being reckless, didn't appear to be speeding, no skid marks, etc. etc yada yada yada" -- Judge agreed, and dismissed it, as well as another similar case about 5 dockets before mine.
On another note, I'm glad you're ok... Sounds like the gear did exactly what it was supposed to. and DAMN YOU for wrecking my dream bike...
j/k -- Think you can fix it? / What do you plan to do? Get another one?
Last edited by kick rox; 09-21-2009 at 07:37 AM.
09-21-2009, 08:00 AM
#12
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Re: Wrecked my bike. Need a lawyer.
You must not know anything about the judicial system.
First off... if you appeal the case. It does not go on your record. You are appealing it because you feel that you have gotten an unfair ruling. In which it is your constitutional right to get a fair trial.
So. You are given a separate date with a different judge. Nothing from the first ruling is allowed to be used in the second court hearing. It is a completely new hearing, as if the first one never exsisted. This is to ensure that you are getting your fair trial.
When you go into court. The judge will ask for everybody that wants a continuance before he starts with the cases.
Then when you go before the judge. The judge will ask you if you have a lawyer. You will have to answer him at that point. When you say "no"... the judge will give you a piece of paper to sign that says "I waive my right to counsil". At this point you cannot ask for a continuance to obtain a lawyer because you have already waived your right to a lawyer.
Please do not give legal advice if you do not know what your talking about. You are going to cause more damage than good.
At this point if he would take your advice. He would go in the courtroom. Sit through the continuance line. Then go before the judge, waive his right to counsil, enter a plea, and then if things didnt look good try to get a continuance.
The judge would look at him and say. "Were you not here on time when I asked for anybody that wanted to continue their case?"
Now you have to either tell the judge that you are stupid and were not listening to him when he as if anybody wanted to continue their case. You can tell him that you were late for you court case and was not not present when he asked for people that would like to continue the case or you can tell him that you were trying to see if he was going to dismiss the charge before asking to continue the case.
That sounds like a really good way to piss a judge off by making a mockery of his courtroom. I would hate to see you go before the judge.
edit:
Just reread your post... when you appeal a case... it is as if the case never happened. So... no ruling or judgement will be put on your record. This is why you can only appeal a case one time. Why would you be able to appeal it if it went on your record anyways? Then you would go to court twice for the same offence and get 2 charges?! That really doesn't make sense man.
First off... if you appeal the case. It does not go on your record. You are appealing it because you feel that you have gotten an unfair ruling. In which it is your constitutional right to get a fair trial.
So. You are given a separate date with a different judge. Nothing from the first ruling is allowed to be used in the second court hearing. It is a completely new hearing, as if the first one never exsisted. This is to ensure that you are getting your fair trial.
When you go into court. The judge will ask for everybody that wants a continuance before he starts with the cases.
Then when you go before the judge. The judge will ask you if you have a lawyer. You will have to answer him at that point. When you say "no"... the judge will give you a piece of paper to sign that says "I waive my right to counsil". At this point you cannot ask for a continuance to obtain a lawyer because you have already waived your right to a lawyer.
Please do not give legal advice if you do not know what your talking about. You are going to cause more damage than good.
At this point if he would take your advice. He would go in the courtroom. Sit through the continuance line. Then go before the judge, waive his right to counsil, enter a plea, and then if things didnt look good try to get a continuance.
The judge would look at him and say. "Were you not here on time when I asked for anybody that wanted to continue their case?"
Now you have to either tell the judge that you are stupid and were not listening to him when he as if anybody wanted to continue their case. You can tell him that you were late for you court case and was not not present when he asked for people that would like to continue the case or you can tell him that you were trying to see if he was going to dismiss the charge before asking to continue the case.
That sounds like a really good way to piss a judge off by making a mockery of his courtroom. I would hate to see you go before the judge.
edit:
Just reread your post... when you appeal a case... it is as if the case never happened. So... no ruling or judgement will be put on your record. This is why you can only appeal a case one time. Why would you be able to appeal it if it went on your record anyways? Then you would go to court twice for the same offence and get 2 charges?! That really doesn't make sense man.
09-21-2009, 08:40 AM
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Re: Wrecked my bike. Need a lawyer.
Wow, thanks for all the info everyone. I will have to reread and digest it later.
As to the cause of the accident, its hard to say. I was taking the 64 to 464 onramp, which curves to the right. I was on my way to work, was not in a hurry, I had all my work stuff in my backpack, was wearing business attire, etc. I am not speeding (the cop agreed this was the case). I was taking the curve, in a regular lean, and the bike suddenly slammed me down to the pavement and I slid about 50 ft, hitting the guard rail. I figured I hit something and lost traction. There was no squirrelly moment. It was immediate. The cop said there was nothing on the road to hit. I couldn't verify, as I was 50 ft away, getting looked at by the paramedics. They thought I locked up my rear brake. I thought this was odd, considering I rarely use my rear brake. Anyone who rides a duc knows the rear brake is almost worthless. However, getting the bike off the trailer at my house I noticed that the rear wheel was not moving freely. When I got it on the stand I noticed that the brake was dragging. I don't know yet how or why it got that way. I was on the brakes before entering the curve but wasn't on them in the curve. I posted this on my ducati monster board and some of the more experienced duc mechs were not surprised, as they have seen rear brakes fail multiple times. There was a woman in a car following me through the turn. She stopped and helped me. Hopefully the cops got her information.
As to the cause of the accident, its hard to say. I was taking the 64 to 464 onramp, which curves to the right. I was on my way to work, was not in a hurry, I had all my work stuff in my backpack, was wearing business attire, etc. I am not speeding (the cop agreed this was the case). I was taking the curve, in a regular lean, and the bike suddenly slammed me down to the pavement and I slid about 50 ft, hitting the guard rail. I figured I hit something and lost traction. There was no squirrelly moment. It was immediate. The cop said there was nothing on the road to hit. I couldn't verify, as I was 50 ft away, getting looked at by the paramedics. They thought I locked up my rear brake. I thought this was odd, considering I rarely use my rear brake. Anyone who rides a duc knows the rear brake is almost worthless. However, getting the bike off the trailer at my house I noticed that the rear wheel was not moving freely. When I got it on the stand I noticed that the brake was dragging. I don't know yet how or why it got that way. I was on the brakes before entering the curve but wasn't on them in the curve. I posted this on my ducati monster board and some of the more experienced duc mechs were not surprised, as they have seen rear brakes fail multiple times. There was a woman in a car following me through the turn. She stopped and helped me. Hopefully the cops got her information.
09-21-2009, 09:02 AM
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Re: Wrecked my bike. Need a lawyer.
oil, rocks?.., anything like that?...
i dont think a sticky rear brake would do that... if anything itds just slow you down.. even if you locked the rear brake up it would more and likey like stand the bike up and rear tire would slide.
but i work at a ducati dealership. ill ask the master tech about it tom.
i dont think a sticky rear brake would do that... if anything itds just slow you down.. even if you locked the rear brake up it would more and likey like stand the bike up and rear tire would slide.
but i work at a ducati dealership. ill ask the master tech about it tom.
09-21-2009, 09:06 AM
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Re: Wrecked my bike. Need a lawyer.
oil, rocks?.., anything like that?...
i dont think a sticky rear brake would do that... if anything itds just slow you down.. even if you locked the rear brake up it would more and likey like stand the bike up and rear tire would slide.
but i work at a ducati dealership. ill ask the master tech about it tom.
i dont think a sticky rear brake would do that... if anything itds just slow you down.. even if you locked the rear brake up it would more and likey like stand the bike up and rear tire would slide.
but i work at a ducati dealership. ill ask the master tech about it tom.
Here is what was said about it on the other board:
"... it is possible for the rear brake to lock up on its own while you are riding. If the rear brake lever isn't given free travel [pedal at rest], then you are putting pressure on the rear brake pads which pushes them against the rotor. Over time this causes fluid to expand due to heat which causes more pressure to be applied to the brake pads, generating more heat. Some people have even gone down the highway and caught their rear brake on fire. "
I did not have the opportunity to inspect the area where I went down, so I can't say. However, if that area is the same as the area I ended up in, there are plenty of rocks and debris. If I took a line too close to the edge of the road, I could have run over any number of things. However, the officer didn't think that was the case. I dunno why.
09-21-2009, 09:23 AM
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Re: Wrecked my bike. Need a lawyer.
Cool, thanks!
Here is what was said about it on the other board:
"... it is possible for the rear brake to lock up on its own while you are riding. If the rear brake lever isn't given free travel [pedal at rest], then you are putting pressure on the rear brake pads which pushes them against the rotor. Over time this causes fluid to expand due to heat which causes more pressure to be applied to the brake pads, generating more heat. Some people have even gone down the highway and caught their rear brake on fire. "
I did not have the opportunity to inspect the area where I went down, so I can't say. However, if that area is the same as the area I ended up in, there are plenty of rocks and debris. If I took a line too close to the edge of the road, I could have run over any number of things. However, the officer didn't think that was the case. I dunno why.
Here is what was said about it on the other board:
"... it is possible for the rear brake to lock up on its own while you are riding. If the rear brake lever isn't given free travel [pedal at rest], then you are putting pressure on the rear brake pads which pushes them against the rotor. Over time this causes fluid to expand due to heat which causes more pressure to be applied to the brake pads, generating more heat. Some people have even gone down the highway and caught their rear brake on fire. "
I did not have the opportunity to inspect the area where I went down, so I can't say. However, if that area is the same as the area I ended up in, there are plenty of rocks and debris. If I took a line too close to the edge of the road, I could have run over any number of things. However, the officer didn't think that was the case. I dunno why.
When the front lets go.. it is just gone. You go with it. Since all the bike weight and your weight sit on the front tire... there is no bailing or warning. This is how I went down. I hit some gravel with the front tire and it was all over. I didn't even get a chance to blink and I was on the ground. Maybe you hit a wet spot on lines in the road or something. That paint is like glass if it gets any type of fluid on it. You have to be weary about those painted lines.
09-21-2009, 09:28 AM
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Re: Wrecked my bike. Need a lawyer.
I would have to say that in most cases when it is a sudden thing and you dont have time to react. It is in the front that slipped.. not the rear. The rear you fee l coming around when it slides.
When the front lets go.. it is just gone. You go with it. Since all the bike weight and your weight sit on the front tire... there is no bailing or warning. This is how I went down. I hit some gravel with the front tire and it was all over. I didn't even get a chance to blink and I was on the ground. Maybe you hit a wet spot on lines in the road or something. That paint is like glass if it gets any type of fluid on it. You have to be weary about those painted lines.
When the front lets go.. it is just gone. You go with it. Since all the bike weight and your weight sit on the front tire... there is no bailing or warning. This is how I went down. I hit some gravel with the front tire and it was all over. I didn't even get a chance to blink and I was on the ground. Maybe you hit a wet spot on lines in the road or something. That paint is like glass if it gets any type of fluid on it. You have to be weary about those painted lines.
09-21-2009, 09:36 AM
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Re: Wrecked my bike. Need a lawyer.
I would have to say that in most cases when it is a sudden thing and you dont have time to react. It is in the front that slipped.. not the rear. The rear you fee l coming around when it slides.
When the front lets go.. it is just gone. You go with it. Since all the bike weight and your weight sit on the front tire... there is no bailing or warning. This is how I went down. I hit some gravel with the front tire and it was all over. I didn't even get a chance to blink and I was on the ground. Maybe you hit a wet spot on lines in the road or something. That paint is like glass if it gets any type of fluid on it. You have to be weary about those painted lines.
When the front lets go.. it is just gone. You go with it. Since all the bike weight and your weight sit on the front tire... there is no bailing or warning. This is how I went down. I hit some gravel with the front tire and it was all over. I didn't even get a chance to blink and I was on the ground. Maybe you hit a wet spot on lines in the road or something. That paint is like glass if it gets any type of fluid on it. You have to be weary about those painted lines.
The only other thing I can think of is that I recently raised the rear of the bike about 3". I did it in order to improve handling and increase my seat height. I'm pretty tall. I had ridden the bike 3 or 4 times prior to the setup change and I felt like it was ok. The reduced trail didn't seem to cause any squirreliness. But who knows, maybe it did cause a problem that I didn't detect?