Speed Racing: Exhibition of Speed ORS 811.125

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kwatanabe6

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I'm writing to find out if anyone has any experience fighting ORS 811.125 Speed Racing: Exhibition of Speed?

My boyfriend just got a ticket for that the other night. The situation was that we came to a stop at a red light and then turned right. Before we had even gone 50 ft we were pulled over. My boyfriend drives a Subaru Impreza WRX. Those of you familiar with this car know that it is fast and loud, especially if you have had work done to it like my boyfriend has. The cop issued a Speed Racing ticket for Exhibition of speed, due to tires spinning out (arguments for this point are - on this particular day it was the first time it had rained in 2 weeks making roads much slicker - and WRXs are All Wheel Drive making it difficult to spin out) and reving of engine (due to modifications and nature of car this car is already very loud and when you excelerate it sounds loud...even if you aren't pushing it). The cop never mentioned fast exceleration or how fast we were going.

Now on the night in question, there was no other car around us, hence the reason we were able to turn right on a red light.

As far as the speed racing law goes there are several areas that fall under this law such as:

(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.
(g) A drag race.

I'm not really sure about section (C) but all others require another car around to compete with...

WRXs are really great cars and a lot of fun...my boyfriend is a member of a car club and their team goes Portland International Raceway to do the quarter mile race. They also enter car shows.

However, because these cars are nicer than your average roadway car and they are louder they tend to get profiled. Since my boyfriend bought this car in January he has already recieved 3 tickets. One for speeding, even though the cop was following another car that was going faster than him in the left lane and never locked in his radar. One for stoping in the middle of the road (his friend got pulled over by the cop, he pulled over to wait for him and the cop told my boyfriend to get going. They were out of town and traveling in a group. So my boyfriend went up the road and waited...the cop got mad and gave my boyfriend the ticket and not the speeding car) and now this ticket. Any chance anyone thinks this is PROFILING???? LOL... :D

If anyone has any suggestions on how to fight this I would greatly appreciate the advice.

Thanks in advance...
 
He is probably close to losing his license. Even if he does not lose them, he will probably have to sell the car to afford the insurance. Retaining an attorney is his cheapest option.
 
Speedy justice (one nabbed going 103 in an Audi 4). "On an afternoon in December, an unmarked patrol car tracked Paula Jean Kurshner, 60, jetting through Wood Village on Interstate 84 at 103 mph...Wait a minute. Paula Kurshner? The Honorable Paula Kurshner? University of Oregon grad? Lewis & Clark Law School? Multnomah County Circuit judge? The one and only. Going one-oh-three in her Audi A4...." -- Columnist Steve Duin. More (The Oregonian 01.07.2007). Comment. Contacted by Duin, Judge Kurshner said, "This was major stupid. It will never happen again." She was fined $1,182 and received a license suspension of 30 days. She's never had a speeding ticket -- not even a parking ticket -- before.
 
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