Citations for driving without M1 license and speeding ticket

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Latest post Tue, Jan 24 2017 11:26 AM by Ford. 2 replies.
  • Sun, Jan 22 2017 12:08 PM

    • Oby.
      Consumer
    • Not Ranked
    • Joined on Sun, Jan 22 2017
    • CA
    • Posts 1

    Citations for driving without M1 license and speeding ticket

    Hello,

    I need some help because I got pull over by a police officer last Friday. He cited for speeding and driving without motorcycle endorsement. This happened in California.

    I was driving on my motorcycle when I saw a police officer ahead of me on a motorcycle too parked on the curb between two cars.

    Before to pass him, I pressed the break but he turned on his sirens anyway and asked me to pull over, which I did.

    I told me I was at 38MPH instead of 25. He asked me if I have any particular reason why I was speeding which I say no. I wonder how he was able to know my speed since I did not pass him and was turning back to me.

    He asked me my driver license, registration and insurance card which I hand him. After looking at my driver license he told me I have only a C class license and not a M1.

    I was very surprised and told him I have my motorcycle license since 5 years and I do not even own a car. I checked the license and indeed it says only C and not CM1. I asked him he there is any way for him to check if I do have a valid motorcycle endorsement.

    He called someone and gave him my DL ID number and told me there is nothing.

    He then told me that he will need to have my motorcycle towed away since I can’t legally drive it. I asked him if it is possible to leave it on the street since it is a on street parking spot and the vehicle is not a hazard. He says he cannot do that. I asked him if he can have the towing company to take my motorcycle to my place he says he cannot do that. He says the only way is to have someone with a valid M1 license in the next 20 minutes to come and drive my motorcycle for me.

    I do not know anyone who have an M1 license. But since he had a motorcycle too and I had nothing to lose I actually asked him… Which he answered by “I beg your pardon?”. I did not insist.

    The motorcycle gets towed and I go back home by walking. The next morning, I go to the DMV and the employee pulls out my driving records, see that I do have a motorcycle endorsement but that for some reason it was not renewed.

    She wrote on the driving record “Motorcycle ed. was dropped by mistake when renewed” following by her full name and employee number. She then issued me a new temporary M1 and C license.

    I went to the police station, paid $160 for the release and another $240 to the towing company.

    I explained the situation to the officer at the police station and she gave me “DMV Tort Claim for $1000 or less”.

    I am now waiting for the tickets to arrive in the mail and I will go to court. I am hoping I can get at least the charges for driving without motorcycle ed. to be dropped.

    What should I do and what are my options ?

    Thank you in advance for your future answers and for taking the time to read my post. Any help would be very much appreciated!

  • Mon, Jan 23 2017 9:14 AM In reply to

    Re: Citations for driving without M1 license and speeding ticket

    Oby.:
    What should I do and what are my options ?

    I don't entirely understand the question -- especially in light of your statement that you "will go to court . . . hoping [you] can get at least the charges for driving without [a] motorcycle [endorsement] to be dropped" or dismissed.  What else do you have in mind here?

  • Tue, Jan 24 2017 11:26 AM In reply to

    • Ford
      Lawyer
    • Top 10 Contributor
    • Joined on Thu, Mar 16 2000
    • Posts 12,824

    Re: Citations for driving without M1 license and speeding ticket

    I'm not in CA.

    Any tort claim probably needs to be presented to the DMV or state transportation department.  The officer wasn't the one who mangled the records.  The officer acted on the information presented to him by his computer.  Consult an attorney about who to make the claim against, or possibly make the claim against them both, but do NOT collect on both claims or you might be inviting criminal trouble.

    Oby.:
    I told me I was at 38MPH instead of 25. He asked me if I have any particular reason why I was speeding which I say no. I wonder how he was able to know my speed since I did not pass him and was turning back to me.

    There are different kinds of radar and they don't require that you pass the officer.  Additionally, when he asked if you had a reason for speeding and you said nope, you kind of are admitting that you were speeding.

     

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