"Racing on Highway" ticket

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Shorty429

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I was at a light on my 2009 Yamaha YZF R6 and accelerated in first gear to the legal speed limit (55mph) which brought the bike to 11,000 rpms. I merge into the turning lane and a cop pulls behind me and when the light turns green, he hits his lights. I'm being charged with racing on highway and was wondering if because:

A-he did not clock my speed
B- I was not beside another vehicle to be "racing"
C-I did not exceed the legal speed limit

If I would have a case in court. I really would like it dropped to something and not have the points. I'll pay, but can't afford the points. Thanks in advance for any advice.
 
What is the specific code section for which you have been charged?

If it is the same as out here, he can estimate your speed based upon his observation or his pacing you, it does not require you to be alongside someone only that you were making an effort to exhibit your speed or compete against a time or another vehicle, and it does not require exceeding the speed limit.

I expect the high RPMs caught his attention and was a demonstration of power or speed. Whether it was sufficient to justify the citation is something we cannot answer until you advise the code section.

Knowing the code section will help evaluate what elements the state needs to show at court to prove the case.
 
Here it is:

§ 3367. Racing on highways.
(a) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
"Drag race." 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.
"Race." 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.
(b) General rule.--No person shall drive a vehicle on a
highway 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, competition, contest, test or exhibition.

(c) Permits for special activities.--The department or local
authorities within their jurisdiction may issue permits for
special activities which would otherwise be prohibited by this
section.
(d) Penalty.--Any person violating this section is guilty of
a summary offense and shall, upon conviction, be sentenced to
pay a fine of $200.​
Note the definitions used in the section for "race" as well as the definition in subsection (b). The state has to show that at least one of the underlying conditions (race, speed contest, etc.) has been met. Without knowing what the officer saw or thinks he saw, I cannot venture a guess as to whether he can articulate the offense sufficiently or not. When you go to court, simply address those issues above. Since this is a summary offense, you should be abl to deal with this yourself.
 
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