Got ticketed with "move over" law, how to fight? (Canby: lawyers, school)

[otemp14]

I got ticketed with Oregon's "Move Over" law, 811.147

So here is the details:

I was driving a motorcycle,
The cop that ticketed me was also driving a motorcycle,
This is my 4th ticket in the past 18 or so months so my license will be suspended for 30 days if I'm found guilty (I live far from school and work, this will make things difficult to do legally).

So more of an explanation..

I was going along the highway at 55mph and I saw the cop pulled over with someone on the right, I could not safely move over because there was a car on my left hand side so I stayed on the left-most side of the lane instead (motorcycles are thin so it still left a lot of space for the officer, in comparison to the amount a car would leave anyway).

The next part, in the MSF course (motorcycle safety course required for motorcycle endorsement, BRT) they specifically teach you to try staying out of cars blindspots and be as visible to other cars as possible, and I was in the cars blindspot to the left of me. So right as I passed the cop I hit the throttle a bit so I get be just ahead of the car on the left to me to make myself more visible to them and be out of their blindspot.

The cop doesn't have a reading of how fast I was going, on the citation all that it says i that I am being cited for "FAILURE TO MAINTAIN SAFE DISTANCE FROM EMERGENCY VEHICLE."

How can I fight my way out of this ticket? Do I plead not-guilty? I really can't handle this right now.... I can't pay for it, nor will it make me able to continue with school or work.

[Ohky0815]

The real question is why is this your 4th ticket in 18 months?

I would go to court and explain the truth.

[otemp14]

Originally Posted by Ohky0815

The real question is why is this your 4th ticket in 18 months?

I would go to court and explain the truth.

I was doing pretty good for the first year of my driving (no tickets, I got my license about 2 years ago, am 18 years old right now) and then I moved to Canby, and got two tickets in the first week of living there. Speeding (on the highway going 70mph) and answering cell phone while driving (was an emergency, mom was calling, we were going homeless). Then I got a 3rd ticket for going 55mph on a road in Canby where the majority of the road has a speed limit of 55mph, but I didn't see the speed limit change to 45mph (was driving at night) and a cop ticketed me for that.

So far my experience with just "going to court and explaining the truth" hasn't worked so well. :/

[muffincake]

You slow down so you can move over. You don't just keep plowing forward at the same speed. You should've seen the cop lights way earlier than whenever you saw that car to the left of you. Go to court and hope the cop doesn't show up to testify.

[Ohky0815]

Originally Posted by otemp14

So far my experience with just "going to court and explaining the truth" hasn't worked so well. :/

I wouldnt change it to lying then.

Can you take any classes for driving? Some courts will let you.

[otemp14]

Originally Posted by Ohky0815

I wouldnt change it to lying then.

Can you take any classes for driving? Some courts will let you.

Nope, they only let you do that here on the first ticket you get (or if the last ticket you got was 5+ years ago). They have more motorcycle driving courses though, I could ask to take one of those instead. But I seriously doubt that'll get my ticket dismissed.

[urbanlife78]

Your only chance would be to plead not guilty, but this being your 4th ticket in such a short amount of time and at your age, you will probably loose you license for a bit or have to take a drive ing course or something.

Always remember when it comes to anything that looks like a road incident, always slow down in Oregon.

[j_k_k]

It's pretty common to be unable to move over due to traffic. In that case all you can do is slow down. I usually look at my speed before and after and make sure I drop about 10 mph, so it is obvious I've done so. I want a visibly growing gap between me and whoever is ahead of me.

[rcoleman618]

Ask for community service to pay off your ticket.

[Brett]

Get a lawyer.
PNWRiders.com has a list of motorcycle specialty lawyers.

I have had my own tickets in the past, so while not trying to sound preachy, please take my advice:
1) if it's an emergency, pull over to take the call. Worst case you will call them back in about a minute.
2) what you are getting a ticket for is hitting the throttle as you passed the cop. He took it as you not taking his life seriously. Getting hit my a motorist is one of the leading causes of law enforcement injury. If you cannot get over a lane, you need to slow way the hell down. it's a matter of seconds for you, someone else's whole damn life. Take a second, slow down and keep an eye on Your mirror. When dealing with police, ambulances, road workers your first instinct should always be to slow down.
3) for better or worse you are now likely on the local constabulary radar. Do the speed limit for awhile, don't break any laws however minor. Probably won't take long to forget you, but for now do a three count at every stop sign.
4) if your lisence is suspended DONT DRIVE. It only gets worse. If you need to for work get a provisional permit from the DMV and only use it for work. You are on the local LEO radar, if you are suspended they will know, they will stop you, you will get your lisence revoked.

Lastly you seem to have a reason for all of your tickets, in light of the fact you are about to get your lisence suspended I would take some time and reflect on how you could have avoided those tickets by making different choices and incorporate those lessons learned into your driving/ riding habits. I am assuming from statements that you aren't exactly rich. I was dirt poor most of my life and understand that tickets and suspensions have a much greater impact on poor people than rich ones. It's just a fact, but you have to deal with the world as it is. Poor people can't take time off from work, get cabs or hire lawyers, so drive the speed limit, don't answer your cell phone, signal all turns, etc. . . To the letter. So what if you irritate the guy behind you who wants to do 55 in a 45? Would you rather irritate some dude you don't know for 30 seconds or spend a a few days pay on a ticket?