G oog le BadWeB | Login/out | Topics | Search | Custodians | Register | Edit Profile


Buell Motorcycle Forum » Quick Board Archives » Archive through June 13, 2008 » I Won In Court Today. « Previous Next »

Author Message
Top of pagePrevious messageNext messageBottom of page Link to this message

Djkaplan
Posted on Friday, June 06, 2008 - 11:12 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

A few weeks ago a car to the right of me travelling in the same direction started coming into my lane with no signal. I was not situationally aware of what was behind me so I wasn't going to hit the brakes... I gunned it instead and did a quick pass on the left. It was just another situation we motorcyclist find ourselves in countless times.

Well, a Marshalls deputy behind me didn't see it that way and ticketed me for crossing the centerline. I tried to reason with him and asked him why he didn't stop the car that almost sideswiped me, but it was to no avail. He had his mind made up that I was in the wrong... not the idiot with unrestrained(!) kids in the car that forced me off my line into the oncoming lane.

Well... I had my day in court today and the judge saw it my way!!!

He said that 'cagers' (that's right; he said cagers!) will kill you in a heartbeat if you let them (holy crap... a judge who RIDES!) and asked the deputy if he'd ever ridden a motorcycle. The deputy said 'no' and the judge went off on a litany situations he's found himself in on his bike. He then asked the deputy if a warning might be warranted in this case and the deputy said 'NO'. He said I had an 'attitude' when he stopped me and that my explanation of the way things happened was wrong. The judge mulled it over while looking at a diagram I prepared showing the section of road. It was obvious that the only reason why anyone would cross the centerline (which I honestly do not recall doing) is if they were forced out of their lane - the road swept to the right and there was no view of oncoming traffic.

The judge thanked the deputy for his comments and fine work and then said that my attitude was certainly understandable... and then dismissed the charges. Without even a verbal warning or warning of any kind except to be careful out there. Then he asked me what kind of bike I was riding. When I said a Buell, his face lit up and he started telling me about his old AMF Harley (he even made a little jab at AMF) then spent the next minute talking about how he woulnd't mind getting a Buell... I could not believe it!

His name was Judge Turner (in Columbus, Georgia) and he has a hardass reputation... but he is an avid biker and totally understands the situations we all encounter.

Sometimes, justice isn't blind. Sometimes it can see through all the bullshit... but justice wasn't served because the idiot that caused the whole thing got away scot free. That's the real injustice. That and the fact that I may have a rabid young Marshall's deputy out to get me for beating him in court.

Anyway... that's my story today.
Top of pagePrevious messageNext messageBottom of page Link to this message

Seanp
Posted on Friday, June 06, 2008 - 11:13 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

You need to get him hooked into Buells and then start riding with him. That would be a great riding buddy...
Top of pagePrevious messageNext messageBottom of page Link to this message

Spatten1
Posted on Friday, June 06, 2008 - 11:31 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

That rules! Great story.
Top of pagePrevious messageNext messageBottom of page Link to this message

Greenlantern
Posted on Friday, June 06, 2008 - 11:36 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

That there should be on Court TV ! It would stay in my Tivo forever! Good for you.
Top of pagePrevious messageNext messageBottom of page Link to this message

Etennuly
Posted on Friday, June 06, 2008 - 11:59 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

That is one of the most gratifying things one can feel. Ahhhhh winning a traffic court case. I too have felt the love, twice! Good work! Preparedness, diagrams, photos, explanations that make sense, it all matters! But nothing trumps a Judge whom is willing to listen.
Top of pagePrevious messageNext messageBottom of page Link to this message

Staindus
Posted on Friday, June 06, 2008 - 12:05 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

That is just Awesome!
Top of pagePrevious messageNext messageBottom of page Link to this message

Barker
Posted on Friday, June 06, 2008 - 12:13 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I would have loved to hear the judge say "cagers". Priceless.


Top of pagePrevious messageNext messageBottom of page Link to this message

Djkaplan
Posted on Friday, June 06, 2008 - 12:25 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

As soon as he said 'cagers'... I knew he was going my way and tried as hard as I could not to crack a smile.

But when he asked me about the Buell, I smiled BIG!

I'd also like to add that I was prepared with a diagram to support my statements and provided a copy for the deputy as well. I also wore a shirt and tie and presented myself in forthright manner (not one laced with emotion or 'attitude') which couldn't have hurt the process.
Top of pagePrevious messageNext messageBottom of page Link to this message

New12r
Posted on Friday, June 06, 2008 - 12:28 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

This is a very good story DJ!! Tell me again in October over a beer!
Top of pagePrevious messageNext messageBottom of page Link to this message

Stevedplumber
Posted on Friday, June 06, 2008 - 12:32 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

DJ,
Did you wear the trench coat for good luck?
Top of pagePrevious messageNext messageBottom of page Link to this message

Nevrenuf
Posted on Friday, June 06, 2008 - 12:35 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

koudos dj. glad to see a motorcyclist in the right not get hammered for it.
Top of pagePrevious messageNext messageBottom of page Link to this message

Tramp
Posted on Friday, June 06, 2008 - 12:36 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I'm very happy for you, but how did you cross a line if the car was entering your lane?
What would you have done it the dipshit continued across your lane into the next?
You got lucky on that one-
twice.
Top of pagePrevious messageNext messageBottom of page Link to this message

Krassh
Posted on Friday, June 06, 2008 - 12:49 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

If you can post the diagram you used.
Top of pagePrevious messageNext messageBottom of page Link to this message

Cyclonedon
Posted on Friday, June 06, 2008 - 12:51 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

the old saying still stands, "you meet the nicest people on a motorcycle"
Top of pagePrevious messageNext messageBottom of page Link to this message

Djkaplan
Posted on Friday, June 06, 2008 - 01:00 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

"I'm very happy for you, but how did you cross a line if the car was entering your lane?
What would you have done it the dipshit continued across your lane into the next?
You got lucky on that one-"


Luck had nothing to do with the traffic situation, but it had everything to do with the court situation.

It was a lady driving the car, actually... not that that's important. She was to the right of me travelling in the same direction on a two lane road separated from the oncoming lane by a double yellow. She was stuck behind a slower moving van and without signaling (or looking) she veered into the left lane just as I was beside here. Instead of slamming on the brakes and risking getting rear ended (I was not situationally aware of what was behind me like I typically am) I just gunned it to quickly get ahead of her.

I have no recollection of ever crossing the centerline (a double yellow) just getting very close to it. I did not encounter anything in the oncoming lane because I was not in it. The cop was just out to pop a motorcyclist as far as I could tell... the Honorable Judge Turner could see through the whole thing.

One thing about being a seasoned streetrider... you get a chance to save yourself (and possibly your life) on an ongoing basis. The Honorable Judge Turner obviously has saved his own bacon more than a few times on his own motorcyles.

I gotta avoid that area of town for awhile... the deputy was turning red when Judge Turner stopped the court proceedings to talk bikes for moment - he also mentioned he is restoring an 'air-head Beemer' (his words!).

Man... I just love that guy.

(Message edited by djkaplan on June 06, 2008)
Top of pagePrevious messageNext messageBottom of page Link to this message

Rich
Posted on Friday, June 06, 2008 - 01:40 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Looks like we all win with that guy, Danny. Glad he sees the light.
Top of pagePrevious messageNext messageBottom of page Link to this message

Tramp
Posted on Friday, June 06, 2008 - 01:42 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Luck still factors in- always does when we survive asswipes.
glad you're alive, well and unconvicted
Top of pagePrevious messageNext messageBottom of page Link to this message

Not_purple_s2
Posted on Friday, June 06, 2008 - 02:36 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

too cool
Top of pagePrevious messageNext messageBottom of page Link to this message

Ratbuell
Posted on Friday, June 06, 2008 - 03:22 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

...if it wasn't on the edge of being interpreted as "bribery", I'd say send him a gift card to the BMW shop.

Great story, good to see one in the "win" column for the "good guys" : )
Top of pagePrevious messageNext messageBottom of page Link to this message

Buellgator
Posted on Friday, June 06, 2008 - 03:33 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

This is one of the best motorcycle court stories I've ever hear.

Good on ya Danny!
Top of pagePrevious messageNext messageBottom of page Link to this message

Nevrenuf
Posted on Friday, June 06, 2008 - 04:51 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

maybe you can find an email for this guy so we can send him our deepest appreciation for a job well done.
Top of pagePrevious messageNext messageBottom of page Link to this message

Buellish
Posted on Friday, June 06, 2008 - 05:36 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Congrats' Danny!And 3 cheers for Judge Turner!
When are you coming back our way?
Top of pagePrevious messageNext messageBottom of page Link to this message

Buelliedan
Posted on Friday, June 06, 2008 - 05:56 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Honorable Judge Haywood Turner
100 10th Street, Government Center - Tower, 8th Floor
Phone: 706.653.4390
Judge Turner was born May 3, 1944 in El Paso, TX, to Georgians stationed there briefly during WWII. The family moved back to Georgia in 1946 and eventually settled in Columbus in 1949.

Judge Turner attended Columbus High School, Class of 1962, and Mercer University Class of 1968, earning a degree in Mathematics. He enlisted the US Navy in 1968 and served as a Radioman on the USS Charles R. Ware, DD-865, a destroyer deployed from Guantanamo and Mayport Naval Bases, Cuba and Jacksonville, Florida. He was honorably discharged in 1970.

Judge Turner returned to Columbus and managed Inertia Nutcracker Company until 1973, and then taught math and physics in Columbus Vocational College (then, Columbus Tech.) from 1973 to 1975. He attended law school at the University of Georgia from 1975 to 1977, and was one of nine advisees of former Secretary-of-State, Dean Rusk.

Subsequently, Judge Turner was appointed to the position of Assistant District Attorney from 1978-1979. He then opened and maintained a law practice from 1979-1988, and his practice included appellate work for the city of Columbus.

Judge Turner was elected Chief Judge, Magistrate and Municipal Courts, unopposed, in 1988, 1992,1996 and 2000.


(Message edited by buelliedan on June 06, 2008)
Top of pagePrevious messageNext messageBottom of page Link to this message

Fran_dog
Posted on Friday, June 06, 2008 - 06:56 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Danny, Glad you had a good day, and thanks for sharing this great story.

It would be nice if more folk out there had a bit more awareness of motorcycles. I know; I'm dreaming.

Thank you Judge Turner.
Top of pagePrevious messageNext messageBottom of page Link to this message

M2nc
Posted on Friday, June 06, 2008 - 10:45 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Thats great Danny. I am glad it worked out.

I had a similar incident happen to me. I was driving my pick up when another pick up in the right lane moved quickly left into my lane. I pulled left, crossing the center line and stood on the brakes. The guy finally realized what he did and pulled back right. I stopped in the left lane of on-coming traffic. My luck the car I was facing, about a 1/2 block way, was a police car. I got back on the right side of the road and passed him. Of course he turned around and blue lights came on. I stopped, but before he could ask me for license and registration, the driver of the other pick up pulled in behind the patrol car and stated he was at fault. He told the police officer that he missed me to his left and turned into me. He stated that I have reacted quickly to avoid an accident and if anyone should get a ticket it should be him. The police officer and I were astounded. The man made it right, the police officer let both of us go without even a warning.
Top of pagePrevious messageNext messageBottom of page Link to this message

Nevrenuf
Posted on Saturday, June 07, 2008 - 08:02 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

there is hope for this human race after all
Top of pagePrevious messageNext messageBottom of page Link to this message

Ryker77
Posted on Saturday, June 07, 2008 - 10:49 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

"He then asked the deputy if a warning might be warranted in this case and the deputy said 'NO'. He said I had an 'attitude' when he stopped me"

I'd like to know what part of the Constitution or Bill of Rights says anything about laws getting enforced based upon the CITIZENS "attitude".

I once got hit in the rear by a cop car and the cops report was one or two lines on the accident and a whole page on my "attitude".

1- you almost got ran over
2- you could have been killed
3- cop ignores the true crime by the cager
4- cop harasses you

You have an AMERICAN right to have an attitude! I hate 90% of cops!
Top of pagePrevious messageNext messageBottom of page Link to this message

F_skinner
Posted on Saturday, June 07, 2008 - 10:57 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Dan, I am glad you are ok and was able present your case. So often we do not get to present our case because the out come is far more tragic.

I bet you did not wear your trench coat....I mean Swiss Army coat to court.
Top of pagePrevious messageNext messageBottom of page Link to this message

Nevrenuf
Posted on Saturday, June 07, 2008 - 10:30 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

if he had worn it they would of thought he was one of those 70's/80's slackers like my brother used to hang around with.
Top of pagePrevious messageNext messageBottom of page Link to this message

Oldog
Posted on Sunday, June 08, 2008 - 01:00 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Good on you DJ!
great storry, thanks a lot for sharing.
Top of pagePrevious messageNext messageBottom of page Link to this message

Paint_shaker
Posted on Sunday, June 08, 2008 - 10:06 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

DJ,

Congrats buddy!!! Proof that the system works!!!


Ryker,

Your incident is proof that the system doesn't work.

It ain't perfect, but it sure beats the hell out of a lot of other Countries!!!




"You have an AMERICAN right to have an attitude!..." A positive one will get you a lot farther than a negative one...
Top of pagePrevious messageNext messageBottom of page Link to this message

Naustin
Posted on Sunday, June 08, 2008 - 12:13 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

THis thread made my morning. Thank you Judge Turner!
Top of pagePrevious messageNext messageBottom of page Link to this message

Blake
Posted on Tuesday, June 10, 2008 - 05:51 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Great to hear of a thoughtful Judge.
Top of pagePrevious messageNext messageBottom of page Link to this message

S2tbolt
Posted on Wednesday, June 11, 2008 - 01:23 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Congrats DJ, well done!

and Thank You Judge Turner.
« Previous Next »

Add Your Message Here
Post:
Bold text Italics Underline Create a hyperlink Insert a clipart image

Username: Posting Information:
This is a private posting area. Only registered users and custodians may post messages here.
Password:
Options: Post as "Anonymous" (Valid reason required. Abusers will be exposed. If unsure, ask.)
Enable HTML code in message
Automatically activate URLs in message
Action:

Topics | Last Day | Tree View | Search | User List | Help/Instructions | Rules | Program Credits Administration