ORS 811.125 Speed Racing

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rmyc

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Male 26, been driving for 10years 0x(tickets, citations, warning...)
Driving an early 90's 4cyl 4 door Japanese Infiniti econobox (car is beat up, interior is torn). Only was driving it because it was cold and didnt want the block to freeze. Normally drive a sports car


Last night, Thanksgiving eve in the midst of holiday traffic.

I was on 9th st (our main/busy street) at a Red light going North. The LEO was on the opposite traffic going South.

(1) Turned Green and i accelerated to 30mph as the LEO accelerated towards me (I saw him and he was facing forward) and turned my left signal on and switched to the center lane to make a left turn. Note Speed limit is 35mph 2 lanes -center lane - 2 lanes

(2) slowed down to 15-20mph and made a left turn

(3) I then see light and siren behind me so I immediately pull over


The first thing he says "I bet you know why i pulled you over"
Me: "No, I have no Idea"
O: "Who was that white car you were trying to race"
Me: "What car? i was not racing any other car"
O: "I saw you racing"

Me: "i wasnt speeding, i didnt even hit 35mph. and I was trying to turn on sycamore"

I explained to him, i didnt burn out, chip tires or veer of the road and i was driving normal

O: "So this is how you normally drive"

He then said if i wasnt racing anyone i was "doing an exhibition of acceleration"

HE handed me a ticket...

I asked him how fast i was accelerating , he fast than normal

Then he changed the accusation and said he heard me drive past him with a loud exhaust and back firing everywhere. (My car has a new Original muffler/exhaust.. quiet as a prius) Told him that i don't have a loud exhaust and to look at it

He then said i could have been trying to impress my passenger , i replied; "in this? i would have driven my sports car if i was trying to impress this girl"

Then asked me why is my interior all beat up and stripped.
I told him he still has not given me reason why he is writing me this ticket and if i want to fight it there a court date on dec, 5th 2012


http://i51.photobucket.com/albums/f396/rmyc/speedracing-Copy.png

This is my first ticket and im freaking out, i'm going to go plea not guilty but i'm not sure what i need to ask say. do i need to ask them to bring their dash cam recording and etc.

thanks
 
Keep in mind how slow i was going and normally drive,
the time the officer had to pass me, turn on his signal, pull a u-turn and follow/stop me I had only traveled about 100yards.
 
rmyc said:
Male 26, been driving for 10years 0x(tickets, citations, warning...)
Driving an early 90's 4cyl 4 door Japanese Infiniti econobox (car is beat up, interior is torn). Only was driving it because it was cold and didnt want the block to freeze. Normally drive a sports car


Last night, Thanksgiving eve in the midst of holiday traffic.

I was on 9th st (our main/busy street) at a Red light going North. The LEO was on the opposite traffic going South.

(1) Turned Green and i accelerated to 30mph as the LEO accelerated towards me (I saw him and he was facing forward) and turned my left signal on and switched to the center lane to make a left turn. Note Speed limit is 35mph 2 lanes -center lane - 2 lanes

(2) slowed down to 15-20mph and made a left turn

(3) I then see light and siren behind me so I immediately pull over


The first thing he says "I bet you know why i pulled you over"
Me: "No, I have no Idea"
O: "Who was that white car you were trying to race"
Me: "What car? i was not racing any other car"
O: "I saw you racing"

Me: "i wasnt speeding, i didnt even hit 35mph. and I was trying to turn on sycamore"

I explained to him, i didnt burn out, chip tires or veer of the road and i was driving normal

O: "So this is how you normally drive"

He then said if i wasnt racing anyone i was "doing an exhibition of acceleration"

HE handed me a ticket...

I asked him how fast i was accelerating , he fast than normal

Then he changed the accusation and said he heard me drive past him with a loud exhaust and back firing everywhere. (My car has a new Original muffler/exhaust.. quiet as a prius) Told him that i don't have a loud exhaust and to look at it

He then said i could have been trying to impress my passenger , i replied; "in this? i would have driven my sports car if i was trying to impress this girl"

Then asked me why is my interior all beat up and stripped.
I told him he still has not given me reason why he is writing me this ticket and if i want to fight it there a court date on dec, 5th 2012


http://i51.photobucket.com/albums/f396/rmyc/speedracing-Copy.png

This is my first ticket and im freaking out, i'm going to go plea not guilty but i'm not sure what i need to ask say. do i need to ask them to bring their dash cam recording and etc.

thanks
Click to expand...

Well, your state (Oregon) does not have traffic school, last time I checked.

So, all you can do is plead not guilty, and appear at your trial.

In the meantime, why not talk to a few local lawyers and see if they can recommend any other options.

If this comes down to a you said, against the officer said; you'll lose.

So, speak to a local lawyer (or three) in your county, they know the court system and its judges best.

You might also ask if your state offers "deferred adjudication".

Otherwise, good luck.
 
I used to drag race my 3 cyl Geo. I could burn the doors off some of those 4 cylinders. Only problem I had, was I kept putting the main gear set through the side of the gearbox.
 
You don't have to chirp tires or exceed the speed limit.
If two cars both excellerate quickly as if they are racing but stay under the speed limit the drivers can still be hit for racing or exhibition of speed.
It sounds like you thought you were safe for those reasons... check the wording of the statute you were cited for to see if it fits or not.
I suspect you did a little more than casually drive away when the light changed.
 
army judge said:
Well, your state (Oregon) does not have traffic school, last time I checked.

So, all you can do is plead not guilty, and appear at your trial.

In the meantime, why not talk to a few local lawyers and see if they can recommend any other options.

If this comes down to a you said, against the officer said; you'll lose.

So, speak to a local lawyer (or three) in your county, they know the court system and its judges best.

You might also ask if your state offers "deferred adjudication".

Otherwise, good luck.
Click to expand...

Yes, i will have to wait till monday. and call up lawyers.
and i'm awake of his words vs. mine.

mightymoose said:
You don't have to chirp tires or exceed the speed limit.
If two cars both excellerate quickly as if they are racing but stay under the speed limit the drivers can still be hit for racing or exhibition of speed.
It sounds like you thought you were safe for those reasons... check the wording of the statute you were cited for to see if it fits or not.
I suspect you did a little more than casually drive away when the light changed.
Click to expand...

I wasnt exceeding the speed limit and the police agree'd so. The officer doesnt even know what it was. he changed his story 3 times "I" was speed racing (racing another car, exhibition of acceleration, loud exhaust, impressing my passenger)

Untop of it, my passenger was dead sick, with and ear infection and virus and i had to pick her up from her yoga class because she couldnt move around because of her sickness. Even have a DR note for her. I was driving as careful as i can because of that.


I might just have to give them a physics lesson in court on how it's nearly impossible to gauge accelerating of cars moving towards each other over such a small distance
 
You weren't cited for speeding so your actual speed is not important.
Apparently the officer felt you accelerated quickly enough to warrant the citation.
If you are going to try and fight it then be aware of what you are accused of doing so you can better defend yourself.

http://www.oregonlaws.org/ors/811.125
 
rmyc said:
Yes, i will have to wait till monday. and call up lawyers.
and i'm awake of his words vs. mine.



I wasnt exceeding the speed limit and the police agree'd so. The officer doesnt even know what it was. he changed his story 3 times "I" was speed racing (racing another car, exhibition of acceleration, loud exhaust, impressing my passenger)

Untop of it, my passenger was dead sick, with and ear infection and virus and i had to pick her up from her yoga class because she couldnt move around because of her sickness. Even have a DR note for her. I was driving as careful as i can because of that.


I might just have to give them a physics lesson in court on how it's nearly impossible to gauge accelerating of cars moving towards each other over such a small distance
Click to expand...

You also need to know, they really don't care about what really happened in traffic court.

Traffic court is just another government scheme to collect money.

You care about justice, they don't.

They let you speak, but they really don't listen.

Ever heard the term "kangaroo court"?

That's what traffic courts are, "kangaroo courts".

Before you come down on me, I was an elected Justice of the Peace in Texas; and know much more than I would ever speak about.

In Texas, JP Courts are one the this state's best revenue collecting scams.

That's why I cut many defendants loose, but that isn't the norm.

Just telling you, don't get to "legal and stuff", that traffic court judge is like a honey badger; "Dude just don't care, and stuff, yo!"
 
Thanks for the replies.
I'm aware of what i'm being accused of "(d) An exhibition of speed or acceleration."

pisses me off because "An exhibition of acceleration" which means
"an act of acceleration" and that can be applied to cars driving at any situation
 
rmyc said:
Thanks for the replies.
I'm aware of what i'm being accused of "(d) An exhibition of speed or acceleration."

pisses me off because "An exhibition of acceleration" which means
"an act of acceleration" and that can be applied to cars driving at any situation
Click to expand...

Yeah, kinda sucks, doesn't it?

But, life isn't fair, and very few people care about the things you do.

Democracies are not all that great, are they?
 
The officer still has to show up and explain what happened. He he doesn't give a satisfactory justification for the citation it could easily be tossed. Police officers lose their argument for silly reasons all the time- one of the primary reasons being that they fail to adequately establish the offense as described by the statute.
Just because he wrote the citation doesn't make him right, and it doesn't mean he will prevail in court.
Doesn't mean he is wrong either though... and it doesn't mean you won't get hosed.
 
thanks for the replies.

I met with 2 different lawyers for free consultation. They said there isnt much a lawyer can do other than get police reports and etc. And all that is something i can get. Because of how the offence is subjective based on the LEO's judgment

I'm going to try to meet with the prosecutor and see if i can work out an agreement. have them give me a bogus citation (something that doesnt hire my insurance) , broken windshield ticket or something
 
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