Speed Racing ORS 811.125

[SawedOff]

Ok so i was picking some friends up from school. Once they got in my car (not my usual car, it was a 2004 Accord, my normal is a 95 Montero SUV). I accelerated away from the curb and the tires squeled for half a second at most. There was a cop behind some buses standing out of his car that i couldnt see and i got up to about 20 mph tops before he came out stopped me about 50 feet from where i left the curb. He came up to my window and said i was lucky my car wasnt getting towed. I got a ticket for speed racing ($672) and i am going to plead not guilty because the cop said that the reason for giving me the ticket is because he heard tires squealing. But no where in the law does it mention the sound of tires burning out. I did not mean to do it in the first place, and was not used to the acceleration. The accord is only a 4 cyl automatic, but it is much faster than a suv. Any suggestions on how I should plead my case and go about it? thanks

 

[freebird]

It is great when someone actually posts the violation on their summons because then we know what you are talking about!!! Here is the law below:

811.125. (1) A person commits the offense of speed racing on a
highway if, on a highway or other premises open to the
public in this state, the person drives a vehicle or
participates in any manner in, or organizes or aids in
organizing, 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, unless the person
drives a vehicle in committing the offense. If the person drives
a vehicle in committing the offense, the offense is a Class A
misdemeanor.

I think that you have a reasonably good case that this violation was given to you only under "(d) An exhibition of speed or acceleration."

You may want to argue that it is a new car for you but by now means was this an 'exhibition of acceleration' especially since it is a 4 cylinder car and has lousy acceleration! You should provide comparisons with other popular cars.

You may want to start by saying that you normally drive an SUV which is heavier on the gas pedal and you weren't used to the 4 cylinder accord. While it may have made a noise of tires squealing for a moment there is no question that there wasn't an "exhibition" of acceleration with the extremely tame car and just having a slightly heavier foot in a car you were not used to. Were there passengers? Was there anyone to impress? If there wasn't, that's additional proof that there was no intention of an 'exhibition" of acceleration. The officer is greatly mistaken and based his entire ticket on the sound that he heard which sounded worse than it was. Given the low power of the car, there should be little question that your story is supported by the facts -- this is the antithesis of the drag racing car.

Originally posted by SawedOff
Ok so i was picking some friends up from school. Once they got in my car (not my usual car, it was a 2004 Accord, my normal is a 95 Montero SUV). I accelerated away from the curb and the tires squeled for half a second at most. There was a cop behind some buses standing out of his car that i couldnt see and i got up to about 20 mph tops before he came out stopped me about 50 feet from where i left the curb. He came up to my window and said i was lucky my car wasnt getting towed. I got a ticket for speed racing ($672) and i am going to plead not guilty because the cop said that the reason for giving me the ticket is because he heard tires squealing. But no where in the law does it mention the sound of tires burning out. I did not mean to do it in the first place, and was not used to the acceleration. The accord is only a 4 cyl automatic, but it is much faster than a suv. Any suggestions on how I should plead my case and go about it? thanks