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Bogus ticket or Legit? (Speed Racing)

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by areexseven, Apr 3, 2008.

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  1. areexseven

    areexseven Law Topic Starter New Member

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    I recently got a ticket for speed racing. this is how i got it...

    I pulled up to a stop light and was turning right. In front of me there was a Toyota truck with aftermarket exhaust reving his engine. We both turned right and continued on the road. This was a three lane road and i wanted to get in the far right lane (i was in the middle), but there was a car to the right of me going faster so i had to wait. All of us stopped at the red light and waited. The whole time this Red toyota was reving his engine and inching forward. i waited for the light to change and didn't rev my engine at all. Before the ligt turned green the truck reved his engine up all the way. When the light turned green the toyota started burning out and i proceeded to go forward. Not worrying about the truck but worrying about getting around the car to my right i sped up until i was "clear" and got in front of the car. Then I turned my turn signal on and got pulled over.
    The cop came up to me and asked me what i was doing. And i immediately began talking about the toyota who was trying to race me. I said he was reving his engine. The cop asked me if he was edging me on and i said "yeah i guess." He then asked for my license, registration, and insurance. I gave him my license and then I fumbled through the glove box and finally found it. I turned to my window and he was gone. He had left with just my license.
    He came back a while later and gave me a ticket for speed racing. He told me my court was up the road and then went back to his car and left.
    I looked at the ticket and saw that it had a 1993 honda civic for the car. And i thought...hey that isnt right...im driving a 2000 mitishibishi mirage. (They dont look alike and it says on the back of the car).

    Some things to know is that
    1.)This was not my car...it was my brothers car. It is a stick shift and i drive an automatic.
    2.)My brother's car has nice rims, quiet aftermarket exhuast, turbo guages, lowered, and is just an import looking car.
    3.)I was not racing the car to my left, merely trying to get around the car to my right, and I had to between intersections because the turn to the park was at the next light!
    4.)The cop never gave me anytime to explain anything or to explain to me about the ticket.
    5.)The cop was to the right of me and by his view he probably thought I was reving my engine and not the truck.

    Is there anything in this case that could get it throw out, or is there anything I could do in court to win this case? Ive already plead not guilty (because i am not guilty) and my court date is the 22nd of April.

    Thanks,
    Phil

    P.s. Any info helps :]
     
  2. Scooterdog

    Scooterdog New Member

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    YOu can't explain anything to a cop, they are all to stupid to use ANY common sense.

    First thing is you need to learn never, ever talk to a cop. They are not POLICE anymore, they are LAW ENFORCEMENT, their sole purpose is to bust your ass. They are not there to protect and serve, they are there to get we the people robbed of our money and freedom.

    I would attack the ticket they are calling a "Notice to Appear" or "Summons".
     
  3. areexseven

    areexseven Law Topic Starter New Member

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    what is this? What exactly should i attack?

    And i now know (after I got the ticket) that i shouldnt have said a thing, but at the time i wasn't thinking, and by all means did not think he would ever write me a speed racing ticket?

    Could this ticket get thrown out though due to lack of information, because if not I believe that I could fight it myself. I have a old friend (old school principle) who has a law degree and I'm going to talk to him.
     
  4. Scooterdog

    Scooterdog New Member

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    The court probably never served you notice.

    In Montana, the office has to be sworn before the complaint is a lawyful one. See this example:

    So, if you quash that notice/summons, then what would they have? Nothing. I'm helping a guy on a "Leaving the scene of an accident" ticket. WE have the judge confused and lost when we filed the motioin to quash notice to appear and complaint.
     
  5. areexseven

    areexseven Law Topic Starter New Member

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    so how would i go about doing this? Ive already sent back the signed ticket saying i will appear on the 22nd, but now i have to work and cant go that date. So when i go down would I make a motion to quash the notice to appear in court because the officer didnt establish probable cause? How would I know if he did or not?
     
  6. areexseven

    areexseven Law Topic Starter New Member

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    is this ticket legit because of the other reasons though...like the no registration or insurance asking? and the wrong car? If so...how would I go about setting a motion to dismiss the ticket because of this..?
     
  7. Scooterdog

    Scooterdog New Member

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    You can ask for a continuence, it is your right as a defendant. You will have to look at your states criminal procedures. You are looking for "Pre-trial".

    You will need a copy of the docket. Check your states rules under the above, and look at the proper procedure for issuing a summons or notice to appear(NTA). I'm getting at the fact, if it is like Montana, the office had to swear to the complaint, the procecutor decides if he will take the case on or not, and the court send you a notice to appear of summons. The cop did none of this I would assume.

    You would ask the court to quash the summons/NTA because of improper procedure. In your motion, you have to state the laws, the reasons you beleive it should be Quashed. Google for an example, or go online to your states law library, most have form packets. YOu just need the motions packet and follow the instructioins.

    You can also go to the court clerk, and ask for example forms. They should have several.
     
  8. areexseven

    areexseven Law Topic Starter New Member

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    alight im trying to look for those specific documents, but so far i've had little luck in finding information. Could you by chance help me in finding this legal document that i am looking for? please :)
     
  9. areexseven

    areexseven Law Topic Starter New Member

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    I found this...

    Score;construction;application;rule;citation
    Rule 1

    E Use of declaration under penalty of perjury in lieu of affidavit; “declaration” defined. A declaration under penalty of perjury may be used in lieu of any affidavit required or allowed by these rules. A declaration under penalty of perjury may be made without notice to adverse parties, must be signed by the declarant and must include the following sentence in prominent letters immediately above the signature of the declarant: “I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.” As used in these rules, “declaration” means a declaration under penalty of perjury.
     
  10. Scooterdog

    Scooterdog New Member

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    There still has to be probable cause, and a hearing.

    This would be an example of the form:

    Motion to Quash Deposition or Trial Subpoena

    COMMONWEALTH OF MASSACHUSETTS
    County where case is, SS. SUPERIOR COURT
    CIVIL ACTION NO.

    -----------------------
    NAME
    Plaintiff
    v.

    NAME
    Defendant
    -----------------------





    MOTION TO QUASH TRIAL SUBPOENA

    Now comes PARTY ["PARTY"] and moves this court for an order quashing the DEPOSITION OR TRIAL subpoena ordering me to produce with X days to produce ____________.

    As grounds, PARTY states the following:

    1. ............

    2.

    3.

    WHEREFORE, PARTY prays his motion to quash the subpoena for untimeliness be ALLOWED.

    Respectfully submitted,
    JOHN DOE, pro se
    DATE _________________________
    Your name
    Your address
    Your phone number
    CERTIFICATE OF SERVICE

    I hereby certify that a true copy of this pleading was on DATE served by first-class mail on OTHER PARTY'S LAWYER OR OTHER PARTY IF NO LAWYER, at ADDRESS.

    Date ________________________
    Your name

    And yes, a motion to Quash is a civil instrument. Criminal law is based on Civil law. It does not matter, the Quash works in either one. I use it myself.
     
  11. Scooterdog

    Scooterdog New Member

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  12. areexseven

    areexseven Law Topic Starter New Member

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  13. Scooterdog

    Scooterdog New Member

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    Well, you have to look up the law. When you find something wrong, you put that in as a point of why you are trying to quash whatever it is you are trying to quash.
     
  14. areexseven

    areexseven Law Topic Starter New Member

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    ahh thats what ive been trying to do.
    Ive found A bunch of little things like the summons has to be in 8 point font, has to have a hearing between 5-20 (i think) from the point of the notice to appear...and other things up that alley.

    I really want to find the thing about "the office has to swear to the complaint," but I can't find anythign about this in the state of oregon.

    Also I have printed from the oregon supreme court a document saying that they can't change anything on the ticket (except for spacing and placement of items). This is something that I had heard from a friend that they could do.

    I have a question; When I says L 1899 p.116 (squiggly thing) 2...what is the squiggly thing?
     
  15. Scooterdog

    Scooterdog New Member

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    the "squiggly" thing I asume looks like two ss. That stands for section.

    You need to look at the Oregon Revised Statutes. This can be found online at the states law library.

    http://www.leg.state.or.us/ors/133.html

    Scroll down, it is all right there. I didn't look at most of it, but it explains the procedure. See what you can come up with.
     
  16. areexseven

    areexseven Law Topic Starter New Member

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    im looking at that site right now and it looks like its got a lot of valuable information...

    on a different note though is there anything else you would reccomend doing in my case?
     
  17. Scooterdog

    Scooterdog New Member

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    Just make your points at law, provide what you need. It aint' a murder trial.
     
  18. areexseven

    areexseven Law Topic Starter New Member

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    yeah but I have never been to trial before and I am afraid I will get a mean judge that wont listen to me.
     
  19. seniorjudge

    seniorjudge Super Moderator

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    Be very polite.

    If you don't think the judge is listening, say, "If it please the court [whatever you want to say]."
     
  20. areexseven

    areexseven Law Topic Starter New Member

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    "If it please the court [whatever you want to say]."

    huh?
     

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