Got a "street racing" ticket for "exhibition of speeds"
Originally Posted by TEXSRT4
heres the thing. even if you fight it, it will still cost you somthing. a lawyer will set you back 2k, court costs alone will cost you $20-50. best case senerio your out 50 bucks, worst your out a couple grand. worst for the cop is that the ticket is thrown out. there is no consequences for a cop to write a crap ticket, and that is what bugs me so much. i got a wreckless ticket in my srt for doing donuts. the cop heard tires chirp, and saw "fresh donuts" in a parking lot. of course the FWD neon did the donuts, cause thats what FWD cars are so good at. so needless to say, im dealing with court now. so this cop has no reprocussions for knowing nothing, and harassing me. and instead, i have to deal with taking time off work, court costs, etc.
Increase your % of winning against ticket
The police officer probably had you sign the ticket that has a statement you will appear at Court on a certain date.
You appear in court on that date. At your arraignment, you enter your plea for the violation when the judge asks for your plea, "Not guilty, your Honor." He/she will then set a trial date. At that point you will say, "I request a trial by declaration per CVC40209 (Your state's Vehicle Code may be different for trial by declaration than in CA).
You write down all the facts, lack of device to judge you speed, you get evidence from health club that you go there regularly, etc on the form and submit it with your payment for the violation.
The police officer will need to present his testimony on paper as well. This is where you get the advantage because HE/SHE DOESN'T get paid to do this! So they may not want to spend time dealing with paperwork. But if you go to court, they get $ (in form of overtime if I remember correctly) to appear in court, so they are motivated to appear, unless they happen to be out of the country on vacation.
You wait for declaration to be reviewed. Hopefully if the city doesn't receive the police's statement, or if they find he was off base, then you win and you get a refund check for the payment you've made. And if you lose you can appeal and that is when you might want to bring the big guns out.
Hope that helps.
You appear in court on that date. At your arraignment, you enter your plea for the violation when the judge asks for your plea, "Not guilty, your Honor." He/she will then set a trial date. At that point you will say, "I request a trial by declaration per CVC40209 (Your state's Vehicle Code may be different for trial by declaration than in CA).
You write down all the facts, lack of device to judge you speed, you get evidence from health club that you go there regularly, etc on the form and submit it with your payment for the violation.
The police officer will need to present his testimony on paper as well. This is where you get the advantage because HE/SHE DOESN'T get paid to do this! So they may not want to spend time dealing with paperwork. But if you go to court, they get $ (in form of overtime if I remember correctly) to appear in court, so they are motivated to appear, unless they happen to be out of the country on vacation.
You wait for declaration to be reviewed. Hopefully if the city doesn't receive the police's statement, or if they find he was off base, then you win and you get a refund check for the payment you've made. And if you lose you can appeal and that is when you might want to bring the big guns out.
Hope that helps.
Last edited by testrak; Jan 20, 2006 at 03:45 PM.
Definitely contest it.
When I was new to this country (it's not illegal to wheelspin where I come from!) I got an exhibition of speed for wheelspinning my buick regal rental car round a corner (in front of a CHP bike and car who were eating donuts at the shell on the corner). He claimed I was screeching for 100 feet. I'm sure you'll agree, the Regal is a fine example of GM engineering, but 100 feet! I just bent over and took what the court gave me, which in hindsight, wasn't a good idea.
When I was new to this country (it's not illegal to wheelspin where I come from!) I got an exhibition of speed for wheelspinning my buick regal rental car round a corner (in front of a CHP bike and car who were eating donuts at the shell on the corner). He claimed I was screeching for 100 feet. I'm sure you'll agree, the Regal is a fine example of GM engineering, but 100 feet! I just bent over and took what the court gave me, which in hindsight, wasn't a good idea.
I paid the 2k for a lawyer to beat a street racing ticket here in Florida last year (also bogus, btw)... However since the law here just states two vehicles have to be side by side to be "racing", I didn't have nearly as clear-cut "this is BS" case as you do.
(In my case, it was a douche-bag in a Celica that was putting around in the right lane and I needed to turn right, and when I went to pass him, he gunned it - and we both got pulled over)
If your driving record isn't bad, I wouldn't even bother with the lawyer - oh, but one thing, even though this guy obviously didn't clock you, they most certainly CAN get you with either K or Ka band radar while they are travelling the opposite (or the same) direction. For laser they have to be stationary, but radar, uhuh....
Good luck with this, brother - like the one guy said - go to court, plead not guilty, and tell the judge the truth, and this will get tossed.
****ing ******* cops.
(In my case, it was a douche-bag in a Celica that was putting around in the right lane and I needed to turn right, and when I went to pass him, he gunned it - and we both got pulled over)
If your driving record isn't bad, I wouldn't even bother with the lawyer - oh, but one thing, even though this guy obviously didn't clock you, they most certainly CAN get you with either K or Ka band radar while they are travelling the opposite (or the same) direction. For laser they have to be stationary, but radar, uhuh....
Good luck with this, brother - like the one guy said - go to court, plead not guilty, and tell the judge the truth, and this will get tossed.
****ing ******* cops.
fight that thing hard, like a one legged man in a a$$ kicking contest lol, forget that part, but yea fight it, i mean streetracing against who/what? was there a kid on a bike on the sidewalk or sumthin? 30 in a 25>excessive speeding my a$$ and its not like it was in a school zone or anything...if anything all he could get u for is maybe running the stop sign(it was a stop sign right or jst one of those flashing cautionary lights?) and thats it...plus i would definitely try and get a couple of people you know from that gym to come to court with you if @ all possible so they can personally give thier statements... just my .02
Originally Posted by ThunderOZRacer
fight that thing hard, like a one legged man in a a$$ kicking contest lol, forget that part, but yea fight it, i mean streetracing against who/what? was there a kid on a bike on the sidewalk or sumthin? 30 in a 25>excessive speeding my a$$ and its not like it was in a school zone or anything...if anything all he could get u for is maybe running the stop sign(it was a stop sign right or jst one of those flashing cautionary lights?) and thats it...plus i would definitely try and get a couple of people you know from that gym to come to court with you if @ all possible so they can personally give thier statements... just my .02
Oh and might i add, if what i was told by a few people is correct. The R&P on the ticket is my actual speed. Stands for reasonable and prudent I believe. So when he put Approx speed 30, and R&P 25, he contradicted himself.. So i was actualy only going 25mph.
Originally Posted by cloudy
Was no stop sign, just a standard right hand turn. And no highly doubt i can get a case for "profiling". But i suppose all i have are the options to plead not guilty, unless they give me the option of driving school since my record is clear. But who knows.
Take a picture of the intersection (without the stop sign) and the gym. Hell, you can even make a diagram of the intersection and show it in relation to the gym.
Bring your gym membership card so you can prove to him/her that was your intended destination.
Get your statements from the gym employees.
Dress like you are a job interview at a bank for the judge.
If you have a clean driving record, ask the judge to look at it and he'll most likely throw it out.
Be very polite and explain what you where doing. Point out that the listed speed isn't even an accurate account. Don't ever argue with the judge, cop or loose your temper.
thats what i did, they gave me reckless op for going 30 behind walmart and its a side road that gos to the movie theatre... i was in an s2k and he said i was reving it and racing around, i was just going 30 in 2nd gear and i had no cats n stuff so it was loud.. def. won that.... i took pics of the whole scenario...
Originally Posted by EvoG8r
My 2 cents...
Take a picture of the intersection (without the stop sign) and the gym. Hell, you can even make a diagram of the intersection and show it in relation to the gym.
Bring your gym membership card so you can prove to him/her that was your intended destination.
Get your statements from the gym employees.
Dress like you are a job interview at a bank for the judge.
If you have a clean driving record, ask the judge to look at it and he'll most likely throw it out.
Be very polite and explain what you where doing. Point out that the listed speed isn't even an accurate account. Don't ever argue with the judge, cop or loose your temper.
Take a picture of the intersection (without the stop sign) and the gym. Hell, you can even make a diagram of the intersection and show it in relation to the gym.
Bring your gym membership card so you can prove to him/her that was your intended destination.
Get your statements from the gym employees.
Dress like you are a job interview at a bank for the judge.
If you have a clean driving record, ask the judge to look at it and he'll most likely throw it out.
Be very polite and explain what you where doing. Point out that the listed speed isn't even an accurate account. Don't ever argue with the judge, cop or loose your temper.
Probably what i will do... oh and there was no stop sign, so was not like i blew a stop sign or anything.


