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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. seniorjudge

    seniorjudge Super Moderator

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    You stand up.

    You say very respectfully, "If it please the court...."

    And then you tell the judge whatever it is you want to say.
     
  2. areexseven

    areexseven Law Topic Starter New Member

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    is there anymore polite ways to say certain things?
     
  3. theincubus

    theincubus New Member

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    Remember the judge cannot use his personal knowledge of the law or feelings while ruling from the bench, he can only rule on the evidence before him.

    Explain this to him by saying, "Your Honor, the court cannot use its personal knowledge or feelings in rendering its decision, but, must rule on the evidence submitted to the court."

    Make them prove every aspect of the case and every element with proof on the record (evidence submitted to the court). The officer may make statements but you can object to that by stating, "Objection, that is only hearsay and inadmissible, that is only the officers interpretation of the law and not the true intent of Legislature."

    Make them prove everything!
     
  4. areexseven

    areexseven Law Topic Starter New Member

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    dang...that's some good information. I really doubt that the officer will be able to prove this. Seeing as he was sitting (parked) with his car (appearing to be off if I remember right). I am going to move the trial to a later date this week, and I might as for a motion of discovery. Do you think it would be good to ask for this?
     
  5. theincubus

    theincubus New Member

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    Only a kiss-ass would say: "If it please the court...."

    Please the court!?

    One must always stand their ground in court. If the judge see's you are weak, he will railroad you quicker than you can say "K-K-K".

    Yes. They should have given you discovery without asking. You should have a well thought out motion. Most, if not all traffic infractions, can be beaten.
     
    Last edited: Apr 12, 2008
  6. seniorjudge

    seniorjudge Super Moderator

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    :no:

    You are clearly not very smart.
     
  7. theincubus

    theincubus New Member

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  8. seniorjudge

    seniorjudge Super Moderator

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    You are excused.

    Don't do it again.:angel
     
  9. areexseven

    areexseven Law Topic Starter New Member

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    you have turned my thread into some wierd yelling match...what is this? :(

    I need information not people arguing :)

    I will make that motion sometime...
     
  10. areexseven

    areexseven Law Topic Starter New Member

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    alright I would rather enjoy more posts...
    :)
     
  11. CdwJava

    CdwJava Moderator

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    What state and what code section?

    Not relevant.

    Also not relevant. Although, your state might require that he report any increased value of the car as it may effect the registration of the vehicle.

    Depending on the specific code section, this may have been sufficient to justify the citation. Not knowing what state and what code section was violated, it's difficult to say. All because the section had to do with "racing" does not mean that this is the only thing the code section covers. In my state, the same section covers exhibitions of speed, too.

    He does not have to listen to your explanation. You can do that in court.

    That is certainly a question to ask him at trial, and something to bring up at court to offer up some reasonable doubt.

    You can go in and tell the truth. Why people think a ticket is going to get "thrown out" is beyond me. But, you can also bring up the incorrect make and model of the car on the ticket as, perhaps, "evidence" of the officer's questionable observation skills.

    You might also consider traffic school if that is an option where you are.


    - Carl
     
  12. areexseven

    areexseven Law Topic Starter New Member

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    I live in oregon. The ticket was given to me in salem. the ticket says ors. 811.125 (A). Does the officer have to take license and registration..?

    thanks by the way.
     
  13. CdwJava

    CdwJava Moderator

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    No. The officer does not HAVE to take your license and registration ... it's a good idea to at least take the license, though.

    The state must prove the following element(s):

    811.125 Speed racing on highway; penalty. (1) A person commits the offense of speed racing on a highway if, on a highway in this state, the person drives a vehicle or participates in any manner in any of the following in which a vehicle is involved:

    (a) A speed competition or contest.

    (b) An acceleration contest.

    (c) A test of physical endurance.

    (d) An exhibition of speed or acceleration.

    (e) The making of a speed record.

    (f) A race. For purposes of this paragraph, racing is the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles or to test the physical stamina or endurance of drivers over long distance driving routes.

    (g) A drag race. For purposes of this paragraph, drag racing is the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

    (2) The offense described in this section, speed racing on a highway, is a Class A traffic violation and is applicable on any premises open to the public. [1983 c.338 §568; 1985 c.16 §287]​

    Whether the state can show these or not is something we cannot answer.

    - Carl
     
  14. areexseven

    areexseven Law Topic Starter New Member

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    alright well as previously stated I am going to make them prove everything, and I'm going to provide lots of doubt to the officers credibilty

    thanks.
     
  15. areexseven

    areexseven Law Topic Starter New Member

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    I had a officer come next to me and when the light turned green he floored it and hit like 50 mph... and cut me off. at the next light i got his license plate number and make and model of police car. I was thinking about obtaining the video (if i can) and using it in court. do you think this is a good idea...or do you think I should not use it?

    thanks,
    Phil
     
  16. CdwJava

    CdwJava Moderator

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    How does that in any way show you are innocent of the charges against you?

    It doesn't do you any good. But, you could provide the info to the agency in question - they may have a few questions to ask of that officer such as why he felt it necessary to take off like that (and there could be a valid reason).

    - Carl
     
  17. areexseven

    areexseven Law Topic Starter New Member

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    there was no valid reaason. He got in front of me because he knew the intersection after that was a turn only lane (sort of my case) I know this because I followed behind him for a while. He had no where to be or nothing to do. I thought that this would prove that people everyday (even cops) accelerate at lights in a rapid manner to get in front of the car to the side of them to get where they are going.

    Oh and I have another question...I have already rescheduled once..but they set my new date on the day I am graduating from Highschool. I feel bad for rescheduling again...but I cant go to court at the same time I am going to be at graduation. I dont know what to do....
     
  18. areexseven

    areexseven Law Topic Starter New Member

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    Oh and do you think since hte officer didn't wait to take my license that day that it would show the judge that he was impatient and frustated and wrote the ticket out of anger...just wondering...
     
  19. CdwJava

    CdwJava Moderator

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    Unless your court is out of sync with the rest of the country, proving that others commit the offense is never a defense to the allegation. You are free to try and present this, but don't be surprised if the judge shuts you down.

    Contact the court immediately about re-scheduling and explain to them the situation. You may only get one chance at rescheduling so you might have to bite the bullet and plead guilty if they won't reschedule. On the other hand, court will be held in the day - graduation is typically at night ... why couldn't you attend in the day time? If you have to, show the school the court date info and explain that you can't miss court.

    - Carl
     
  20. CdwJava

    CdwJava Moderator

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    It won't matter. Unless you are contesting the identity of the person stopped, then it just won't matter. And the police ARE allowed to be angry when they write a ticket ... as long as the violation occurred, they can write tickets when they feel any mood.

    - Carl
     

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