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Got a "street racing" ticket for "exhibition of speeds"

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Old Feb 16, 2006 | 04:37 PM
  #121  
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If you get to question the cop at the trial, I would love to here his answers to questions like:
Since he claimed you were street racing - Does he know how the law defines "street racing"
Ask him to give a description of the car or cars you were street racing against.
Since he claims you were performing an exhibition of speeds - does he know how the law defines performing an exhibition of speeds
Ask him to ball park how many exhibition of speeds tickets he has done over the last month
Ask him to estimate, on average, how many mph over the limit those offenders were - I bet its more than 5 mph, if not then ask him if he writes an exhibition of speeds ticket for every speeder pulls over for 5 or more mph over the limit

Kudos to housedj for helping you
Let us know how things end up.
This sounds like a very good idea. Make sure to ask him to give the legal definition of street racing because appears that the "legal defintion" doesn't agree with his. It doesn't sound like he will know it off the top of his head and chances are he will look like an *** for including incorrect information into the ticket.
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Old Feb 16, 2006 | 04:56 PM
  #122  
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From: ...
Originally Posted by JTB
The cop must have left some interesting notes on the ticket. You are entitled to these notes and can request the court for them (disclosure).

I wish you the best of luck but you may have an uphill battle on your hands.
It is a real shame that our culture so vilifies driving quickly. One would honestly think that it is worse than driving drunk.
This is one of those situations where fortunately or unfortunately you're going to have to learn the makings of government very quickly. It will require a lot of homework this first time around, but it may make you very aware of the sometimes injustice and foul-play alive in our state and local governments.

From my understanding driving quickly is the number one thing any officer is taught to look out for; however, it is like number 7 or 8 on the list of key causes that may form the makings of an accident. Its until people like you stand up for yourselfs, on the basis of our given rights according to the Constitution ( going to court ) that the system won't be so money biased, on the excuse of "safety."

As far as your friends, if they can at all remember the attitude and/or comportment of the officer, I would highly suggest they immediately make independent notes of the situation, and ask them kindly to come to court. It will validate both what the cop did in the situation, and perhaps the judge may be swayed by having good support like your friends there.

ALSO, don't forget YOU are entitled to a trial by jury, and a court of record. Meaning, if you really think that the prosecution can prove your guilt "beyond reasonable doubt" to a jury, push for it now. Be wary that the prosecutor will try to play hard ball with you. They may threaten you, but if you can put a very good case together, things may turn out well for you.

In most states, this first case is for 'free.' If the judge finds you guilty, you only have to pay the fine, and not court costs of the prosecuting side. However, if you push for an appeal, or a new trial by jury, if you lose you may have to pay a lot more. However, I have had many adquantences where the prosecution dropped the case after they found out the person wanted a trial by jury.

As far as the statment the judge made via guilty or not-guilty, I'm not quite sure what he was saying to you, or to another person. He can't offically give out "legal advice" like asking you to plea one way or another, but he could have very well been saying, if you plead "guilty" I have to fine you something or I'm not doing my job, but he may have been playing hard to get you to plead "not-guilty." I don't know .. but the judge may actually be very reasonable.

For now, now that you have your court date set, ASK, ASK, ASK the prosecutor for the officer's notes, radar certs. and all that stuff. YOU MUST do your homework now. When/if you get on the stand as your own witness, remember your 5th Admendment rights.

Good luck ... I hope this comes to a good resolve.

~j.

P.S. All I said is just pure opinion, good luck with the fight.
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Old Feb 16, 2006 | 07:29 PM
  #123  
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Ya i know, iam not looking forward to this at all.

But anyway.. about the judge, the guy seemed really cool. To like all the other people before me, he was really nice about it. And from the way he was talkn to me about the guilty or not guilty thing. He was trying to persuade me to plead not guilty. Maybe because he sees this as an easy fight? I understand he cannot give legal advice, and if i did plead guilty obviously would have to give me the neccessary form of punishment. But he was stating if i did plead guilty, he would find the harshest punishment he was able to sentence for me.
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Old Mar 14, 2006 | 09:00 PM
  #124  
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Well first court date went by. I did not attend it because i was not needed. My lawyer doesnt even know my side of the story yet either. But my lawyer has informed me that they have already dropped the charges from Criminal to Civil. That is without them even knowing my side of the story.
So iam gonna keep going till they are completely dropped. Then hopefully just have my lawyer rip the cop a new one.
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Old Mar 14, 2006 | 09:18 PM
  #125  
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Just another bored cop, that has watched the fast and furious too many times.

If you see a car with a big spoiler, its been modified for street racing.
If you see a car with a stainless muffler, its been modified for street racing.
If you see a car with a clear taillights, its been modified for street racing.
If you are jealous of people driving a car you can't afford, you are a cop...
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Old Mar 14, 2006 | 09:22 PM
  #126  
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From: So Cal
Originally Posted by Zander478
Just another bored cop, that has watched the fast and furious too many times.

If you see a car with a big spoiler, its been modified for street racing.
If you see a car with a stainless muffler, its been modified for street racing.
If you see a car with a clear taillights, its been modified for street racing.
If you are jealous of people driving a car you can't afford, you are a cop...
lol
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Old Mar 14, 2006 | 09:41 PM
  #127  
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From: CT
Originally Posted by Zander478
Just another bored cop, that has watched the fast and furious too many times.

If you see a car with a big spoiler, its been modified for street racing.
If you see a car with a stainless muffler, its been modified for street racing.
If you see a car with a clear taillights, its been modified for street racing.
If you are jealous of people driving a car you can't afford, you are a cop...
Sorry about the last statement boss but the cops in my town start in high 40's to low 50k a year. And i see cops on my way to work stuck doing crossing guard duty and one drives a STi and the other has a MR.
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Old Mar 14, 2006 | 09:43 PM
  #128  
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Originally Posted by cloudy
Well first court date went by. I did not attend it because i was not needed. My lawyer doesnt even know my side of the story yet either. But my lawyer has informed me that they have already dropped the charges from Criminal to Civil. That is without them even knowing my side of the story.
So iam gonna keep going till they are completely dropped. Then hopefully just have my lawyer rip the cop a new one.
Thats great news. I would also get a statement from the people at your gym that said the cop madmouthed you for no reason. Try to hit them hard with a countersuit.

Last edited by NoTec; Mar 14, 2006 at 10:31 PM.
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Old Mar 14, 2006 | 10:26 PM
  #129  
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From: So. Cali 909
Originally Posted by NoTec
Sorry about the last statement boss but the cops in my town start in high 40's to low 50k a year. And i see cops on my way to work stuck doing crossing guard duty and one drives a STi and the other has a MR.
Lol i wasn't gonna say anything but hey.... Yea, an average cop will turn about 70k a year. High ranking cops? 6 figures.
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Old Mar 14, 2006 | 11:23 PM
  #130  
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From: Palmdale, California
Originally Posted by Nmusaf
Lol i wasn't gonna say anything but hey.... Yea, an average cop will turn about 70k a year. High ranking cops? 6 figures.
Yeah my dad makes 130k a year working for the lapd and being a sergent
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Old Mar 15, 2006 | 05:14 AM
  #131  
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From: Jax, FL
At least this is starting to work out. Still pretty crazy what some people are doing, not too mention this cop is wasting so much of our Tax money on this stupid court apearances and such.
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