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It's (still) OK if you don't believe me

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It's (still) OK if you don't believe me

Old 06-27-13, 05:05 PM
  #1  
Metal Man
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It's (still) OK if you don't believe me

This showed up on line today.
https://ujsportal.pacourts.us/Docket...R-0001361-2013

Last edited by Metal Man; 08-22-14 at 08:26 PM.
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Old 06-27-13, 05:30 PM
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Back story?
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Old 06-27-13, 06:04 PM
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IS there a story here, or are we free to make up whatever we want to believe?
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Old 06-27-13, 06:15 PM
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There is, but if I tell it I will be called a liar. Search my resent posts if you're interested.
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Old 06-27-13, 07:36 PM
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Originally Posted by Metal Man View Post
What in the blazes does, "Pass Left of Pedacycle" mean?
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Old 06-27-13, 08:03 PM
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Since I'm far too lazy to look it all up, is this a citation for violating PA's three-foot passing law that was issued based on video evidence from the cyclist? If so, nice work. If not, well, I'm always pleased to see some traffic law enforcement.
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Old 06-27-13, 11:44 PM
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Originally Posted by volosong View Post
What in the blazes does, "Pass Left of Pedacycle" mean?
(3) The driver of a motor vehicle overtaking a pedalcycle proceeding in the same direction shall pass to the left of the pedalcycle within not less than four feet at a careful and prudent reduced speed.
law
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Old 06-28-13, 06:14 AM
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Originally Posted by volosong View Post
What in the blazes does, "Pass Left of Pedacycle" mean?
And a pedacycle covers a bicycle, tricycle, the 4 wheel pedal operated vehicles (I've seen those, pretty cool), etc etc. It's a cycle, operated by pedals, instead of gasoline.
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Old 06-28-13, 06:42 AM
  #9  
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Originally Posted by Metal Man View Post
...Search my resent posts if you're interested.
Freudian slip?
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Old 06-28-13, 07:07 AM
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Are you going to show up and testify when it goes before the judge?
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Old 06-28-13, 07:24 AM
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Originally Posted by wphamilton View Post
Are you going to show up and testify when it goes before the judge?
If needed, the police have the video of it.
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Old 06-28-13, 07:42 AM
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You don't have to depend on them asking you, if you really want justice served. You can simply show up and tell them what case you're there for, and the judge will ask what you know about it. What if the officer doesn't even show up, or doesn't bring your video? Then he'd walk off scott-free.

Your testimony would be a lot more effective than the video by itself.
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Old 06-28-13, 07:50 AM
  #13  
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Originally Posted by wphamilton View Post
You don't have to depend on them asking you, if you really want justice served. You can simply show up and tell them what case you're there for, and the judge will ask what you know about it. What if the officer doesn't even show up, or doesn't bring your video? Then he'd walk off scott-free.

Your testimony would be a lot more effective than the video by itself.
And the fine will likely be greater if a victim shows up who was endangered by the guy violating the law because the court will see that it was serious enough for you to take time to come to court.
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Old 06-28-13, 08:06 AM
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Good for you? I agree that the pass was close (this was the incident with the truck+trailer?). What is the penalty for the close pass? I thought it was just a small fine.

Definitely show up on the court date if you can. It really does make a difference.
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Old 06-28-13, 10:34 AM
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Originally Posted by spivonious View Post
Good for you? I agree that the pass was close (this was the incident with the truck+trailer?). What is the penalty for the close pass? I thought it was just a small fine.

Definitely show up on the court date if you can. It really does make a difference.
How would the OP's appearance make "a difference" for a traffic violation with no injury and at worse costs the accused a small fine?
Any experience or knowledge of traffic court appearances by a cyclist "making a difference" for similar alleged violations?

My amateur legal take is that the only appearances for this ticket that will "make a difference" are the accused and the officer who filed the complaint.
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Old 07-03-13, 08:52 AM
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In some jurisdictions a smart lawyer, or even a not so smart one, could get the video kicked out without the proper predicate of the video provided by testimony of the person taking the video. Of course I am more familiar with Texas rules of evidence and YMMV.
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Old 07-03-13, 09:52 PM
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Originally Posted by wphamilton View Post

Your testimony would be a lot more effective than the video by itself.
I know that traffic court rules aren't as formal as criminal court, but normally a video cannot be offered as evidence without human testimony (usually by who shot it) about where & when it was shot, and what it purports to show.
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Old 07-03-13, 09:59 PM
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Originally Posted by FBinNY View Post
I know that traffic court rules aren't as formal as criminal court, but normally a video cannot be offered as evidence without human testimony (usually by who shot it) about where & when it was shot, and what it purports to show.
I agree, without at least an affidavit it probably won't be of much use. I think the video already served its purpose. Witness testimony with or without the video is a huge factor.
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Old 07-09-13, 11:28 AM
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Guilty!!
https://ujsportal.pacourts.us/Docket...R-0001361-2013

Last edited by Metal Man; 08-22-14 at 08:29 PM.
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Old 07-09-13, 11:41 AM
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Originally Posted by Metal Man View Post
This was predictable. the vast majority of traffic cases are resolved by mail in guilty pleas. I don't know what the fine is, or if there are points on a license for this, but the driver probably figured it was easier and cheaper (time counts) to plead guilty and mail it in.
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Old 07-09-13, 12:04 PM
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Originally Posted by Metal Man View Post
Very nice. One person may have improved his driving skills.
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Old 07-09-13, 10:25 PM
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Originally Posted by FBinNY View Post
This was predictable. the vast majority of traffic cases are resolved by mail in guilty pleas. I don't know what the fine is, or if there are points on a license for this, but the driver probably figured it was easier and cheaper (time counts) to plead guilty and mail it in.
With just quick math in the head, fine is about $127 with all the fees added up.
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Old 07-09-13, 10:31 PM
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Originally Posted by CB HI View Post
With just quick math in the head, fine is about $127 with all the fees added up.
I didn't bother scrolling down until just now. All I can say is that it's criminal how many fees PA adds to traffic cases. Fines used to be about state sanctions/punishment for violations, now they're just a form of selective taxation.

How much judicial impartiality can we expect when instead of robes judges wear tax collector hats.
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Old 07-09-13, 10:44 PM
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Originally Posted by Metal Man View Post
I'm curious: with the Kia van, did you catch that vehicle using the video recorded or did you have to remember the license plate for the call to police. The video on youtube was very grainy in terms of the license plate
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Old 07-10-13, 02:36 AM
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The plate is crystal clear on pause from the original. The first time I played it I was pissed because I expected to be able to read it while playing and you can't.
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