I was pulling out of a friend of mine's driveway, when shifting into first, I decided to give it a little more gas than was needed, completely my descision no excuse for it. This caused my wheels to spin and make an ungodly screech from the tires, the effect I was hoping for. I've only had the truck for a week so I wanted to see what it was capable of. I didn't speed.
At the end of the street I took a right, about halfway down the block, I see a police officer turning down the street towards me that I am now on, off of a street that runs parrellel to the street I just spun my tires on.
He pulls me over and asks where I just came from, I named the street. Than he asks why I spun my tires, knowing I'm busted, I reply 'no excuse, just plain stupidity' in a very sincere manner. After which he barks license, registration and insurance! at me. Yada yada yada, he writes me a ticket for Exhibition of Speed or Acceleration and sends me on my way.
I'm not attempting to dodge the ticket, I know I did wrong. I call the court house to see about how much the ticket is. I'm told around $200 and that it is mandatory that I appear in court.
My ticket clearly states, 'RS 32:65 Exhibition of Speed or Acceleration'
I looked up the title/section of the charge referrenced to on my ticket through the Louisiana state legislature website, this is what it says:
RS 32:65
§65. Drag racing and racing on public roads; exemptions
A. No person shall drive any vehicle upon the public roads in this state in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, speed competition, drag race, test of physical endurance, exhibition, or purpose of making a speed record.
B. For the purposes of this section drag race is defined as the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to out distance 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 such vehicle or vehicles within a certain distance or time limit on the public roads of this state.
C. For the purposes of this section racing is defined as the use of one or more vehicles in an attempt to out gain, out distance, or prevent another vehicle from passing, or to test the physical stamina or endurance of drivers over long distance driving routes on the public roads of this state.
D. Any person convicted of violating this section shall be punished as provided in R.S. 32:57.
E. The prohibitions contained in this Section do not apply to events sanctioned by local governing authorities.
RS 32:57 reference from above:
§57. Penalties; alternatives to citation
A. The first violation of the provisions of this Chapter or any regulation of the department, secretary, and commissioner made pursuant thereto shall be punished by a fine of not more than one hundred seventy-five dollars or by imprisonment for not more than thirty days, or both, unless otherwise specifically provided. A subsequent violation shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than ninety days, or both.
B. If the violator is other than an individual, there shall be no imprisonment but a double fine imposed.
C.(1) Each governing authority on whose behalf citations are issued for alleged violations of the provisions of this Chapter shall establish a procedure by which alleged offenders may promise, in writing, to appear in court to answer the charge or charges. The written promise to appear shall be accepted in lieu of posting bond or depositing a driver's license.
(2) Each city, parish, and district court for traffic offenses within their respective jurisdictions may also establish a procedure by court rule by which certain traffic offenses, as determined by the court, constitute one-time-appearance violations. Alleged offenders who are charged with a one-time-appearance violation and who have not paid the fine prior to the date and time for appearance as indicated on the citation shall be presumed to plead not guilty. The alleged offender shall then, at the date and time indicated on the citation, appear in court, be arraigned and proceed to trial. If the trial is not held on the date indicated on the citation and no continuance has been granted, then the charges against the alleged offender may be dismissed.
D. Each governing authority on whose behalf citations are issued for alleged violations of the provisions of this Chapter shall establish a procedure by which alleged offenders may plead guilty or nolo contendere to the alleged offense and pay the fine by mail. However, if the offender fails to pay the fine by mail in advance of adjudication and fails to appear at the time and date indicated on the citation, the court may impose an additional penalty in an amount not to exceed the amount of the fine for the original violation unless the fine was paid by certified mail and the postmark indicates that the payment was mailed on or before the date indicated on the citation. In addition, each governing authority shall establish a procedure allowing for payment of the fine by credit card as it may designate. However, the procedure shall not limit such payments to payment by credit card.
E. The provisions of Subsections C and D of this Section shall not apply to citations alleging that the operator of the motor vehicle was:
(1) Operating the motor vehicle under the influence of alcohol or controlled substances.
(2) Exceeding the speed limit by fifteen miles per hour or more.
(3) Exceeding the speed limit in a school zone.
(4) Driving with a suspended license.
(5) Drag racing.
(6) Cited for failure to maintain compulsory security.
F. The provisions of Subsections C and D of this Section shall not apply when the operator was involved in an accident in which a person was injured, nor shall those provisions apply when an operator is alleged to have committed the same offense twice within a period of one hour.
G.(1) Notwithstanding any provision of law to the contrary, any person who is found guilty, pleads guilty, or pleads nolo contendere to any motor vehicle offense when the citation was issued for a violation on the Huey P. Long Bridge or the Lake Pontchartrain Causeway Bridge or approaches to and from such bridges by police employed by the Greater New Orleans Expressway Commission shall pay an additional cost of five dollars.
(2) All proceeds generated by this additional cost shall be deposited into the state treasury. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, an amount equal to that deposited as required in this Subsection shall be credited to a special fund hereby created in the state treasury to be known as the Greater New Orleans Expressway Commission Additional Cost Fund. The monies in this fund shall be appropriated by the legislature to the Greater New Orleans Expressway Commission and shall be used by the commission to supplement the salaries of P.O.S.T. certified officers and for the acquisition or upkeep of police equipment. All unexpended and unencumbered monies in this fund at the end of the fiscal year shall remain in such fund. The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund and interest earned on the investment of monies shall be credited to this fund, again, following compliance with the requirements of Article VII, Section 9(B) of the Constitution, relative to the Bond Security and Redemption Fund. The monies appropriated by the legislature pursuant to this Paragraph shall not displace, replace, or supplant appropriations otherwise made from the general fund for the Greater New Orleans Expressway Commission.
H. If a person operating a motor vehicle exceeds the speed limit on the portion of a highway which is under active construction and construction workers are on site, or in the process of being repaired and construction workers are on site, the fine shall be an increase of fifty percent of the standard fine imposed.
I'm a 20 year old male, I have only recieved one ticket prior to this and it was due to not wearing a seat belt. What I am curious about is:
-When i appear for court, after pleading guilty, am I going to jail?
-Is it possible for my license to be suspended for this? I have a CDL and driving is my living.
-Can further charges be added? Such as Wreckless or Careless operation?
-I've never, ever been in trouble before, aside from the seatbelt, but a family member of mine has. If I recieve the same judge as he has in the past can I request a different one and if so on what basis?
-If I pay the ticket prior to my court date, I've still got to go back. Why what else might they make/have me do?
-What is the absolute worst case scenario for an outcome to this? I've never been to court and I'm no lawyer.
Thank you.
At the end of the street I took a right, about halfway down the block, I see a police officer turning down the street towards me that I am now on, off of a street that runs parrellel to the street I just spun my tires on.
He pulls me over and asks where I just came from, I named the street. Than he asks why I spun my tires, knowing I'm busted, I reply 'no excuse, just plain stupidity' in a very sincere manner. After which he barks license, registration and insurance! at me. Yada yada yada, he writes me a ticket for Exhibition of Speed or Acceleration and sends me on my way.
I'm not attempting to dodge the ticket, I know I did wrong. I call the court house to see about how much the ticket is. I'm told around $200 and that it is mandatory that I appear in court.
My ticket clearly states, 'RS 32:65 Exhibition of Speed or Acceleration'
I looked up the title/section of the charge referrenced to on my ticket through the Louisiana state legislature website, this is what it says:
RS 32:65
§65. Drag racing and racing on public roads; exemptions
A. No person shall drive any vehicle upon the public roads in this state in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, speed competition, drag race, test of physical endurance, exhibition, or purpose of making a speed record.
B. For the purposes of this section drag race is defined as the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to out distance 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 such vehicle or vehicles within a certain distance or time limit on the public roads of this state.
C. For the purposes of this section racing is defined as the use of one or more vehicles in an attempt to out gain, out distance, or prevent another vehicle from passing, or to test the physical stamina or endurance of drivers over long distance driving routes on the public roads of this state.
D. Any person convicted of violating this section shall be punished as provided in R.S. 32:57.
E. The prohibitions contained in this Section do not apply to events sanctioned by local governing authorities.
RS 32:57 reference from above:
§57. Penalties; alternatives to citation
A. The first violation of the provisions of this Chapter or any regulation of the department, secretary, and commissioner made pursuant thereto shall be punished by a fine of not more than one hundred seventy-five dollars or by imprisonment for not more than thirty days, or both, unless otherwise specifically provided. A subsequent violation shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than ninety days, or both.
B. If the violator is other than an individual, there shall be no imprisonment but a double fine imposed.
C.(1) Each governing authority on whose behalf citations are issued for alleged violations of the provisions of this Chapter shall establish a procedure by which alleged offenders may promise, in writing, to appear in court to answer the charge or charges. The written promise to appear shall be accepted in lieu of posting bond or depositing a driver's license.
(2) Each city, parish, and district court for traffic offenses within their respective jurisdictions may also establish a procedure by court rule by which certain traffic offenses, as determined by the court, constitute one-time-appearance violations. Alleged offenders who are charged with a one-time-appearance violation and who have not paid the fine prior to the date and time for appearance as indicated on the citation shall be presumed to plead not guilty. The alleged offender shall then, at the date and time indicated on the citation, appear in court, be arraigned and proceed to trial. If the trial is not held on the date indicated on the citation and no continuance has been granted, then the charges against the alleged offender may be dismissed.
D. Each governing authority on whose behalf citations are issued for alleged violations of the provisions of this Chapter shall establish a procedure by which alleged offenders may plead guilty or nolo contendere to the alleged offense and pay the fine by mail. However, if the offender fails to pay the fine by mail in advance of adjudication and fails to appear at the time and date indicated on the citation, the court may impose an additional penalty in an amount not to exceed the amount of the fine for the original violation unless the fine was paid by certified mail and the postmark indicates that the payment was mailed on or before the date indicated on the citation. In addition, each governing authority shall establish a procedure allowing for payment of the fine by credit card as it may designate. However, the procedure shall not limit such payments to payment by credit card.
E. The provisions of Subsections C and D of this Section shall not apply to citations alleging that the operator of the motor vehicle was:
(1) Operating the motor vehicle under the influence of alcohol or controlled substances.
(2) Exceeding the speed limit by fifteen miles per hour or more.
(3) Exceeding the speed limit in a school zone.
(4) Driving with a suspended license.
(5) Drag racing.
(6) Cited for failure to maintain compulsory security.
F. The provisions of Subsections C and D of this Section shall not apply when the operator was involved in an accident in which a person was injured, nor shall those provisions apply when an operator is alleged to have committed the same offense twice within a period of one hour.
G.(1) Notwithstanding any provision of law to the contrary, any person who is found guilty, pleads guilty, or pleads nolo contendere to any motor vehicle offense when the citation was issued for a violation on the Huey P. Long Bridge or the Lake Pontchartrain Causeway Bridge or approaches to and from such bridges by police employed by the Greater New Orleans Expressway Commission shall pay an additional cost of five dollars.
(2) All proceeds generated by this additional cost shall be deposited into the state treasury. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, an amount equal to that deposited as required in this Subsection shall be credited to a special fund hereby created in the state treasury to be known as the Greater New Orleans Expressway Commission Additional Cost Fund. The monies in this fund shall be appropriated by the legislature to the Greater New Orleans Expressway Commission and shall be used by the commission to supplement the salaries of P.O.S.T. certified officers and for the acquisition or upkeep of police equipment. All unexpended and unencumbered monies in this fund at the end of the fiscal year shall remain in such fund. The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund and interest earned on the investment of monies shall be credited to this fund, again, following compliance with the requirements of Article VII, Section 9(B) of the Constitution, relative to the Bond Security and Redemption Fund. The monies appropriated by the legislature pursuant to this Paragraph shall not displace, replace, or supplant appropriations otherwise made from the general fund for the Greater New Orleans Expressway Commission.
H. If a person operating a motor vehicle exceeds the speed limit on the portion of a highway which is under active construction and construction workers are on site, or in the process of being repaired and construction workers are on site, the fine shall be an increase of fifty percent of the standard fine imposed.
I'm a 20 year old male, I have only recieved one ticket prior to this and it was due to not wearing a seat belt. What I am curious about is:
-When i appear for court, after pleading guilty, am I going to jail?
-Is it possible for my license to be suspended for this? I have a CDL and driving is my living.
-Can further charges be added? Such as Wreckless or Careless operation?
-I've never, ever been in trouble before, aside from the seatbelt, but a family member of mine has. If I recieve the same judge as he has in the past can I request a different one and if so on what basis?
-If I pay the ticket prior to my court date, I've still got to go back. Why what else might they make/have me do?
-What is the absolute worst case scenario for an outcome to this? I've never been to court and I'm no lawyer.
Thank you.
