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Ok As you may have seen the gifs I made and this lead to this question.... Say an officer pulls up and say Mike and me were sitting on the edge of the road with a bunch of blackmarks around....

Can they do anything????

I thought we was busted today...

I got on my bike and was just leaving and a officer drives by with Blackies everywhere.... I just happened to be going the oppisite way.... And was waiting to dissappear if need be but they went on...

Could they have done anything if they never actually saw us doing it????
 

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In NY NO.......and to be honest I find it hard to believe in any state ......although soem municipalities allow their officers to issue summonses at teh scene of an accident ..the general criteria is that an infraction MUst Be observed....think about it how else can any one testify as to what the infraction was that is cited???Brian
 

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I agree with Brian, no summons would be issued in that case. Least I wouldn't issue. In NJ we can issue and in fact, they ( the supervisors and the Insurance co.'s) like us to issue at the scene, if we can make a determination of guilt. If you can document as to the mechanics of the accident and the cause, you can issue without observing the violation. You can also issue based on a admission. If the driver states that he was going 45 MPH in a 45 MPH zone, but he crashes on the curve, which has a posted suggested speed of 35 MPH, he can be issued for careless driving as he was operating, by his own admission, at a speed that was greater than the suggested speed on the curve. With that in mind, if you were in NJ under the same circumstances you described, a officer could stop you both and question you to the rubber all over the roadway. Let's say you deny any knowledge of how the rubber got on the pavement. He goes one step further, checks your tires and feels that they are real hot. He looks at the undertail of the bikes and there is melted rubber underneath and it is also still warm. He compares the size of your rear tires to that of the marks on the road, which are very similar in size. Based on that, a officer in NJ COULD issue a summons to both of you for carless driving. As to a guilty finding in court, it would depend on who is the most credible. Most cops won't bother as it's too much work for a simple summons. Like I stated in another post, there's alot of fish in the sea. If a officer wants to be a ticket writing machine, all he has to do is look to find a violation occurring right in front of him. Clear as mud :shock: :wink: .

Scott W.
 

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I know I have never been setting on the side of the road where a bunch of black marks reside. :twisted:
 

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Well, where I'm from as well, the infraction usually has to be witnessed by the LEO or a credible witness who is willing to testify and provide a statement......
 
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