811.125 - Speed Racing when I was not - Pleading not guilty

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vanight

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Hello. I was on my way home from Church last Sunday. I was on a 4 lane hwy with a turn lane in the middle. The Turn lane was backed up so far it was spilling into the left hand lane of traffic causing cars to back up. I was one of those card. The right lane was completely clear with the occasional car going by at 45-50 mph. As cars started pulling out into the right lane to get around the traffic jam, I followed suit. When I pulled out my main concern was not to get hit by the other cars behind me doing the same. When I pulled out around the traffic I squealed the tires. That never happens.

I was not racing anyone, I was not showing off to anyone, I was just trying to get around this traffic jam safely without getting smacked by cars in the right lane. The cop said she heard me rev my engine. My car is loud, and designed and recommended to operate at high RPMs vs. the same speed at low RPM. She claims she was behind the full-size black SUV that was behind me. I am 99% sure she did not see any of this occur, but instead heard it, made assumptions about who and what had gone on.

When she pulled me over she made some comment about how far I got before she could catch up. The truth is she simply took that long getting out of the same traffic jam I was stuck in. I thought I was getting a speeding ticket or something as I may have been 10 over. Nope, speed racing. I am like, racing who? She says, you revved your engine, I am like, you mean when I pulled out to get around the traffic? She said, yeah, and I heard your tires squeal. Then I looked down and noticed the DSC light was on, meaning it was disabled. I tried to explain I was just trying to get around traffic in a safe manner, like everyone else, following the flow of traffic, and at some point leaving church I must have accidentally hit the button that keeps the tires from spinning. She had NO interest in listening so I just shut-up at that point. At $250 a piece, I really have no interest in burning my tires to show off.

No speed listed on ticket.

My car is A 2004 RX-8 with a Rotary engine. It is a manual 6-speed. My other primary vehicle is a full size F250 Diesel Truck. I work from home and do not drive this car very much. I keep it garaged. If you know anything about Rotary's you will know it is extremely damaging to run them at low RPMs.

Any ideas how to argue this?
 
You might want to talk to a traffic law attorney & see what he/she might be able to do for you.

You can hold & see if you get other replies/suggestions here.
 
All you've got is to plead not guilty.
You need to know that most traffic citations get the victim to plead guilty, or he's adjudicated guilty.

That ticket will likely increase your insurance rates, too.

The cost is higher than the tribute demanded and collected by the court.

If you can take a safety or traffic school, that's the best way to address this.

If DEFERRED ADJUDICATION is an option, it's more expensive than traffic school, but it'll eliminate the problem in 60-90 days; assuming you stay out of additional traffic trouble during the DEFERRED ADJUDICATION period.

It will not increase your insurance rates, either.

This is a great discussion of the issue:

http://www.illinoisdriverslicensereinstatementlawyer.com/traffic-ticket-faqs.html
 
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The link is Illinois/Il. law & the OP is in Oregon & it's possible the laws "could be" some different but the link does give the OP a good read & discussion on the issue.
 
The link is Illinois/Il. law & the OP is in Oregon & it's possible the laws "could be" some different but the link does give the OP a good read & discussion on the issue.

Yes, I know it was Illinois. It was the discussion, not the specific law.

As I stated, a discussion of the ISSUE, not the LAW.
 
Yep, ok - just clarifying for OP that the law part may not apply to OP but gives a good read/discussion as you noted.
 
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