$421 for "illegal racing", ORS 811.125

[jeneag]

So I was driving to work this morning on the I-5.
There was a white VW with CA license that was going really fast, along with another black SUV.
Speed limit is 65, and I was going around 75 +/- 3miles. I've started to pass a long (about 4-6) line of trucks thats when I've noticed that that white VW was approaching me from behind very quickly. Before I've started to pass, it was way behind. So I've pushed the gas and got up to about 80-83mph so I can pass trucks and get over to the right lane. I didn't really knew whether that person in VW is drunk, or on drugs, or he/she is going to rear-end me, or they just want to kill somebody, how do I know?! So couple miles down the road I see cop approaching from another side of the highway, I was going 75 or so, and I slowed down to about 69 (65 limit). At that time VW and other black SUV were ahead of me 1+ miles. Cop turns and goes over the median and then passes me, slows down on my left side, shows me soming with his hand, something like "watch out!", and speeds away.

Here is the picture of that moment (cop in front left lane):

As he passes me, he turns his lights on and of course I already knew that he was going after that VW or SUV. I saw him catch-up with VW and he pulled him over. By the time I've got to that spot, he was standing on the shoulder by that white VW and pointed at my car, and showed me to pull over.

So I did:

He came up to my window after a while, and told me that aircraft caught me racing that VW! I was like: what?! Basically he said that he's a delivery boy, he doesnt know what happened, since he was just instructed to pull racers over. Issued me $421 ticket. He said that pilot will be in court (if I go to trial), and I'd have to ask him questions...

So I've decided to go to court and plead not guilty. I think that aircraft has mistaken my car with that black SUV or something. I don't know if they recorded my license plate from aircraft to prove that they're not mistaken.

Any suggestion on what should I do?

Thanks a lot.

 

[Michael Wechsler]

I think you have your answer. I'm wondering whether you received a ticket for speeding as well. It would seem that you should be able to beat the ticket for racing. First listen to the prosecution make its case and then decide how to best attack it. I don't know what your pictures mean or prove but the point is that the prosecution must make its case.

Very importantly, read the code that is cited on the summons. There is no question that you should be able to beat the ticket by not being guilty of all elements of the code but I would save that argument for the end.

Originally posted by jeneag
So I was driving to work this morning on the I-5.
There was a white VW with CA license that was going really fast, along with another black SUV.
Speed limit is 65, and I was going around 75 +/- 3miles. I've started to pass a long (about 4-6) line of trucks thats when I've noticed that that white VW was approaching me from behind very quickly. Before I've started to pass, it was way behind. So I've pushed the gas and got up to about 80-83mph so I can pass trucks and get over to the right lane. I didn't really knew whether that person in VW is drunk, or on drugs, or he/she is going to rear-end me, or they just want to kill somebody, how do I know?! So couple miles down the road I see cop approaching from another side of the highway, I was going 75 or so, and I slowed down to about 69 (65 limit). At that time VW and other black SUV were ahead of me 1+ miles. Cop turns and goes over the median and then passes me, slows down on my left side, shows me soming with his hand, something like "watch out!", and speeds away.

Here is the picture of that moment (cop in front left lane):

As he passes me, he turns his lights on and of course I already knew that he was going after that VW or SUV. I saw him catch-up with VW and he pulled him over. By the time I've got to that spot, he was standing on the shoulder by that white VW and pointed at my car, and showed me to pull over.

So I did:

He came up to my window after a while, and told me that aircraft caught me racing that VW! I was like: what?! Basically he said that he's a delivery boy, he doesnt know what happened, since he was just instructed to pull racers over. Issued me $421 ticket. He said that pilot will be in court (if I go to trial), and I'd have to ask him questions...

So I've decided to go to court and plead not guilty. I think that aircraft has mistaken my car with that black SUV or something. I don't know if they recorded my license plate from aircraft to prove that they're not mistaken.

Any suggestion on what should I do?

Thanks a lot.

 

[postux]

no speeding

No, ticket has nothing about speeding, just illegal racing, one violation on the ticket.

I've pleaded not guilty and requested a police report. I've recieved mail about court day Apr 22, but havent got a police report yet.

Thanks thelawprofessor.

 

[Michael Wechsler]

Re: no speeding

That's bizarre. Take a look at the law. How can they claim you are racing if there is no claim that you were even speeding? I think that might be a good point to raise that might reduce the credability of the allegation of racing.

Originally posted by postux
No, ticket has nothing about speeding, just illegal racing, one violation on the ticket.

I've pleaded not guilty and requested a police report. I've recieved mail about court day Apr 22, but havent got a police report yet.

Thanks thelawprofessor.