Transportation and Vehicle Safety: unsafe speed, lowest common denominator, public roadway

Question
I was cited for unsafe speed while riding my motorcycle the officer observed me doing a wheelie on a city street. It was a clear sunny day at 300pm and the speed on the ticket states 40mph in a 40mph zone. Im going to plead not guilty if he shows up do I have a case?

Answer
Hello Corey and welcome to Allexperts!

The section you were cited for covers many areas of unsafe vehicle operation:

Too fast for conditions: (A few examples)
* Reduced visibility
* Reduced coefficient of friction
* Roadway obstructions
* Traffic congestion
* Unusual or high pedestrian movement

Safe vehicle operation (A few examples)
* Vehicle safe to operate (at speed)
* Vehicle safe to operate (in control)
* Vehicle safe to operate (used as intended by manufacture for public roadway)
* Vehicle safe to operate (used as intended by DOT for public roadway)

The lowest common denominator here is operating a vehicle at a speed and in a condition that provides the driver with the greatest control to avoid collisions with other vehicles, pedestrians or property. We are required to drive with due regard for the safety and well being of all motorists and pedestrians. This means that our speed, distance between vehicles, control of the vehicle, and ability to stop or avoid someone else must be a priority in regards to how we operate the vehicle.

When a vehicle has less than all it's tires on the roadway, or a wheelie in your situation, your ability to stop, maneuver and avoid a problem is severely diminished. Further, the manufacture along with the Department of Transportation has designed and licensed all vehicles to operate on public roadways using all wheels to be in contact with the roadway.

I am sure you felt it was safe at the time Corey, however, most accidents happen without warning or expectation. To purposely drive in a manner that reduces a vehicle or drivers effectiveness to operate that vehicle safely on a public roadway compromises the safety of other motorists and people who occupy the roadway.

I understand the fun and excitement of your sport, however, the public roadways are not a safe place for this. Even when following every safe precaution possible, accidents these days are more than likely to happen than ever before.

It is my guess that it was for this reason that you were cited. If true, it will be a slam dunk for the judge as there is really no defense for wheelie's on a public roadway. Unless the officer fails to show, I'm sorry to say that your best solution is to ask for traffic school if you qualify.

I know this is not what you wanted to hear, but I cannot be less than truthful with you regarding this case. I do wish you well.

Terry