Speed racing ticket

[davez]

I got a ticket last night for speed racing, ORS 811.125.
I was on my way home from Subway at midnight or so with two of my friends, each driving their own cars. My buddy and I pulled up next to each other at a light, but there's no way I could beat his car, and I had no intention of racing him.
I did, on the other hand, have my clutch and motor mounts replaced a week ago and haven't had a chance to get a feel for if they've done any good yet, in terms of gripping gears and stability since i've been breaking in the clutch.
So I wait a second after the light turns green so he my buddy doesn't think I'm trying to race him, then give it some gas, shift hard, ride it out through second then shift to third and coast back down to speed, my second gear tops out at 60, so I'd say the fastest I got was about 55 or so, speed limit there is 35, long straight stretch of road, no one on it.
As I did this the car behind my buddy, my other friend, revved his engine and the guy next to me floored it. So right as I was getting into second gear, he comes flying past me in his camaro, my other buddy has since slowed down, and two cops sitting in a church parking lot hear the two of our engines, and see the two of us going by with my other friend lagging behind. I'd think it was a race too.
Anyway, so they pull out, pull us over in our driveways, issue my camaro friend and me $500 speed racing tickets. My other friend got nothing, he just kinda said ummm when asked if he was involved. When asked why I was pulled over, I said because I was going pretty fast, I didn't know I was getting a speed racing ticket till she handed it to me, she never asked me if that's what was going on. I was a little confused.
So basically, the point is here that I wasn't trying to race my friend, I was speeding, yea, that's for sure, but I had no idea he was going to pace me like he did and my going fast had nothing to do with him driving next to me. I don't know what I should tell the court because I'm nevous they'll just think I'm BS'ing them.
But I kinda have to plead not guilty on the offchance I can win, which brings up a couple of questions:

If I plead not guilty and am found guilty, is the fine going to be worse than if I had pled guilty to begin with?
Does anyone know how many points this ticket carries with it for insurance purposes?
If the speed racing ticket gets dropped, can they still give me a ticket for something else like speeding instead?
Is there even a remote chance they'll believe me?

I appreciate any input anyone has, thanks.
~David~

 

[davez]

811.125 Speed racing on highway; penalty. (1) A person commits the offense of speed racing on a highway if, on a highway in this state, the person drives a vehicle or participates in any manner in 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 and is applicable on any premises open to the public. [1983 c.338 §568; 1985 c.16 §287]


So here's what I figure has to happen:
I have to establish that Ryne and I weren't racing each other. If I can do that, then there was no contest, no exhibition of speed, no race or drag race.

To do that, I have to present that:
Ryne doesn't live with me, he lives on the complete opposite side of the metroploitan area and didn't know the way home, that he sped up to keep up with me in order that he not become lost.

Ryne and I did not engage in a race, because neither he nor I intended to, nor did we race from the light at which we were both stopped, as testified to by both him and I, and my roommate driving behind us.

That my reason for speeding was that I was establishing the effectiveness of the work done to my car after waiting a week to break in my clutch, and did so on an emtpy, straight road, and had nothing to do with racing at all, which it didn't.

The officers know that we are all friends, that my roommate who was following behind lives with me, and thusly had no reason to try to keep up, and hopefully the situation will come into perspective, as neither officer said they actually saw us racing, rather heard our engines and turned to see us drive by. If they never saw us race, then all they know is that it sounded like we were speeding and there were two of us head to head.

Does my argument make sense from a legal perspective? I am going to address each of the points of the law in order to establish my case, I just wanted to know if this seems like something presentable.

Thanks again, just wanted to add some clarification for ease of understanding.
~David~

 

[NYClex]

hm, I can only say what our "have seen it all - have heard every excuse under the sun" traffic judges in NYC would do: they would not dismiss the ticket. If the cops say you were racing and you are two or three young guys with powerful cars... you get where I am going.

But in your jurisdiction you might find a more sympathetic judge who will believe the "he was just closing the distance so he wouldn't get lost" story. I guess it also depends on what the cops will say. So you can try it.

 

[lwpat]

A racing ticket will cost you dearly. You can expect your insurance to go sky high if you can even find a company since your current carrier will probably cancel.

Who do you think the judge will believe, you or the police officer?
If you are in doubt go sit in on traffic court.

You and your friend need to go together and hire an attorney. It will be money well spent.

 

[davez]

I appreciate the input.
I'm aware of the ramifications this ticket could have in terms of insurance, which is why I'm so interested in forming a strong defense.
Does what I plan on saying make sense though, would it help do you think if I took pictures of where the cops were to show that they had an obstructed view of the road and weren't able to clearly see what was going on, thusly reducing the credibility of their argument?

Ryne and I are going to seek legal counsel on this one, cause I really can't afford to lose this case, but any advice I can get here is deeply appreciated and will be taken into consideration.

Thanks again,
~David~

 

[Michael Wechsler]

There is no question that you can get a ticket for speeding. You might be able to have the ticket for racing dismissed, especially if you can give reasonable proof that the officers didn't see the beginning of your alleged race to be able to have sufficient reason to believe there was a race occurring.

Originally posted by dave_z
I got a ticket last night for speed racing, ORS 811.125.
I was on my way home from Subway at midnight or so with two of my friends, each driving their own cars. My buddy and I pulled up next to each other at a light, but there's no way I could beat his car, and I had no intention of racing him.
I did, on the other hand, have my clutch and motor mounts replaced a week ago and haven't had a chance to get a feel for if they've done any good yet, in terms of gripping gears and stability since i've been breaking in the clutch.
So I wait a second after the light turns green so he my buddy doesn't think I'm trying to race him, then give it some gas, shift hard, ride it out through second then shift to third and coast back down to speed, my second gear tops out at 60, so I'd say the fastest I got was about 55 or so, speed limit there is 35, long straight stretch of road, no one on it.
As I did this the car behind my buddy, my other friend, revved his engine and the guy next to me floored it. So right as I was getting into second gear, he comes flying past me in his camaro, my other buddy has since slowed down, and two cops sitting in a church parking lot hear the two of our engines, and see the two of us going by with my other friend lagging behind. I'd think it was a race too.
Anyway, so they pull out, pull us over in our driveways, issue my camaro friend and me $500 speed racing tickets. My other friend got nothing, he just kinda said ummm when asked if he was involved. When asked why I was pulled over, I said because I was going pretty fast, I didn't know I was getting a speed racing ticket till she handed it to me, she never asked me if that's what was going on. I was a little confused.
So basically, the point is here that I wasn't trying to race my friend, I was speeding, yea, that's for sure, but I had no idea he was going to pace me like he did and my going fast had nothing to do with him driving next to me. I don't know what I should tell the court because I'm nevous they'll just think I'm BS'ing them.
But I kinda have to plead not guilty on the offchance I can win, which brings up a couple of questions:

If I plead not guilty and am found guilty, is the fine going to be worse than if I had pled guilty to begin with?
Does anyone know how many points this ticket carries with it for insurance purposes?
If the speed racing ticket gets dropped, can they still give me a ticket for something else like speeding instead?
Is there even a remote chance they'll believe me?

I appreciate any input anyone has, thanks.
~David~

 

[Michael Wechsler]

Your analysis is good although I see a challenge with credability. I'd point out that you were clocked at 60 in a 35 zone and that your car is powerful enough to do far more than that and would have if you were actually racing. You may have been speeding but the numbers don't look or sound like racing. Perhaps that is the argument to make. You may want to try to make a deal with the prosecutor who might drop one in exchage for a guilty plea in the other.

Originally posted by dave_z
811.125 Speed racing on highway; penalty. (1) A person commits the offense of speed racing on a highway if, on a highway in this state, the person drives a vehicle or participates in any manner in 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 and is applicable on any premises open to the public. [1983 c.338 §568; 1985 c.16 §287]


So here's what I figure has to happen:
I have to establish that Ryne and I weren't racing each other. If I can do that, then there was no contest, no exhibition of speed, no race or drag race.

To do that, I have to present that:
Ryne doesn't live with me, he lives on the complete opposite side of the metroploitan area and didn't know the way home, that he sped up to keep up with me in order that he not become lost.

Ryne and I did not engage in a race, because neither he nor I intended to, nor did we race from the light at which we were both stopped, as testified to by both him and I, and my roommate driving behind us.

That my reason for speeding was that I was establishing the effectiveness of the work done to my car after waiting a week to break in my clutch, and did so on an emtpy, straight road, and had nothing to do with racing at all, which it didn't.

The officers know that we are all friends, that my roommate who was following behind lives with me, and thusly had no reason to try to keep up, and hopefully the situation will come into perspective, as neither officer said they actually saw us racing, rather heard our engines and turned to see us drive by. If they never saw us race, then all they know is that it sounded like we were speeding and there were two of us head to head.

Does my argument make sense from a legal perspective? I am going to address each of the points of the law in order to establish my case, I just wanted to know if this seems like something presentable.

Thanks again, just wanted to add some clarification for ease of understanding.
~David~