Got Caught Racing Last Night (kinda long)

[ACLR8R]

So last night on my way home from work I see to street bikes playing around so I catch up to watch. As soon as I get near them one turns off, and the other turns with me onto another road. I see that it’s an Yamaha R6 and I am really curious as to how I would fair. I have just rebuilt my engine and tranny and they have just been broken in (1000miles) I normally don’t race on the street but I was curious and he kept egging me on.

So we go from a 40mph roll and it’s really close. We get caught at a light and I wasn’t sure if he was going to go again so I didn’t build any boost, the light changed and he was off so I hopped on it real quick and started to reel him in but it would have taken to long so I backed out of it. He slowed down and got next to me again. We were probably doing around 50mph and we ran again and he couldn’t pass me. We slowed down and pulled up to the next light, and I see the red and blue lights about a quarter mile behind me

I was really hoping the guy on the bike would take off but he didn’t and we just sat there at the red light and waited for the cop. He pulled in front of us and told the guy on the bike to get off and push it to the side, and then I pulled next to him. He took all our info and then spent the entire time talking to the guy on the bike (about 35 min) while I sat in my car. So I don’t know what the guy on the bike told him.

He asked me how fast we were going and I told him my speedo doesn’t work:wink:, he said the guy on the bike said he didn’t look at how fast we were going. I told him we were just messing around and he would accelerate then I would. But he hit me with drag racing and exhibition of speed (for "squealing" my tires) but he didn’t have a speed so he put 50+.

He said it is a criminal offense but what does that mean? Misdemeanor, felony? I have to go down and get fingerprinted in a couple of weeks. Does any one have any experience with this kind of situation? If it is a felony it could really screw with my getting hired as a teacher :frown: I think I would have take it to trial and try to get it reduced, which I think is possible because he doesn’t have us speeding.

Any thought or comments would be greatly appreciated.
I was impressed with my car hanging with the bike at only 17psi, though!

 

[SuzyQ]

Not a professional opinion- But I say fight it. Without any proof I don't think they would go to trial.

 

[BLACK6PACK]

Get a lawyer!!! Down here in Florida, within a week of getting a ticket that adds points to your licence you get a flood of "traffic ticket" lawyer flyers. Last ticket I had I paid the lawyer $68, and he was able to get the ticket dismissed. I used to fight them myself, but i'd end up paying $50 court costs and taking off from work as well as the ticket being changed to "withheld adjudication".

 

[420]

Get a lawyer. STAT.

 

[Brer Rabbit]

Attorney.

An attorney will talk with the prosecuter and come to an agreement before a decision is made. My guess is worst case scenario ---ur lookn at a probation period. Most likely he will be able to get the matter dismissed. Kind of sux that U cantr spend that money on the car but Oh well. Youll be fine dont worry.

 

[XxDarkSidexX]

if the cop was stupid enough to admit he didn't get your speed recorded and just "guessed" or "just put a number down" YOU WIN. Get a lawyer, and agru that the cop can't prove how fast your going.

As far as the tire spinage, you have an automatic v6 turbo. And your converter "was" to high of a stall. Thus to even move forward you had to demand high power from the car. Thus explains tire spinning.

You can barrow a converter from somone on the board, to prove you "had" a too high stalled converter. Sence then you tell the judge, that you have changed it to a lower one to fix this problem. And no longer have to build boost to move forward in the car.

If the judge is buying it, and your worried about what he will say about your buddy (which you were racing). Try to explain it off as a fellow mechanic who was there to monitor the tunning and testing of the vehicle, so YOU COULD BE SAFE.

Basically you should say that this was just a wrong parts n bad timing thing. You should have been aware of the performance of your car with the aftermarket converter but you had just barrrowed it and were unware of the effect, again this is why your buddy (who you were racing) was there to monitor the situation.

(not true in any sense but they can't prove you wrong if you tell the story correctly) Its a long shot, but you gotta be creative and a lil sneaky to get around the law. But THERE IS ALWAYS LOOP HOLES in the law, just how much are you willing to pay a lawyer to find them is the real question.

 

[turbojimmy]

As far as the tire spinage, you have an automatic v6 turbo. And your converter "was" to high of a stall. Thus to even move forward you had to demand high power from the car. Thus explains tire spinning.

It's not even that complicated. Even a stock GN will chirp the tires on a 1-2 shift. See if the judge or a cop can accelerate at a reasonable pace without chirping the tires on the 1-2. Case closed.

Get a lawyer NOW. Before you have any more interaction with the police (i.e., before you go get fingerprinted). I doubt it's a felony but you never know. They're getting tough on street racing in some places.

Jim

 

[Quiky One]

Ouch that sucks. Let us know how you fair.

Jason

 

[saywin]

That sucks

I am almost sure it's not a felony, and as for the teaching thing your gonna be fine. My little brother and cousin are both teachers and they say there are teachers with more serious crimes than yours. Please get a lawyer, you will be glad you did!
Good luck!

 

[Quick6'n'-K.C.]

First thing that came to mind was, you cant get a drag racing ticket if both parties werent pulled over.
You both got caught and you got the bad ticket.

Get a lawyer STAT and thank them for not removing your vehicle from your possession permenantly.

I feel bad for you, cause it would have been alot easier to fight if only one of you were caught... At least from what ive been told by others in the better situation, You should try and find your racing buddy online, im sure his court date is the same time, and that aint gonna be good. IMO

Your best bet is to fight it, if the officer does not show up that day in court.

Here its alot of points, and loss of license, depends thou.

BW

 

[Turbo6Smackdown]

i doubt its a felony BUT, im not sure he needs proof to ticket you for dragracing. if its a dragracing ticket, its a misdemeanor (in most places) wreckless driving ticket. you can get that taken care of. either fight it, plea bargain, or get it expunged later on. theres several ways you can go about it. just talk to your attorney.

 

[scot w.]

bummer

It's not a felony in most states but they are cracking down on street racing! The officer wrote down drag racing simply cause he had nothing else! No radar or anything, it's your word against his and as a law officer he "should" have gotten some evidence of the drag racing or speeding. The bottom line is: The officer Can't prove you were drag racing or speeding and you can't prove you wern't! so i'd be willing to say it will be dismised or you'll get off light. >Just get a lawyer and let him do the dealing and you'll be fine.

 

[Quick6'n'-K.C.]

It's not a felony in most states but they are cracking down on street racing! The officer wrote down drag racing simply cause he had nothing else! No radar or anything, it's your word against his and as a law officer he "should" have gotten some evidence of the drag racing or speeding. The bottom line is: The officer Can't prove you were drag racing or speeding and you can't prove you wern't! so i'd be willing to say it will be dismised or you'll get off light. >Just get a lawyer and let him do the dealing and you'll be fine.

Exactly, the officer cant prove they were drag racing, till one of them bucks up and says yes. Sounds to me that the ticket has already been issued and the damage is done....

Someone else here that has been in this situation should pipe up!

My best advise is for you to find the operator of the motorcycle and talk with him so you both have your stories straight when you talk with the judge. ya dig?

Ive been there, got off with a failure to use a blinker to pull over when the officer was behind me.

Make some phone calls
BW

 

[ACLR8R]

Thanks guys I was really worried there for a bit! I will definitely look for a lawyer! I have to get fingerprinted on Feb 2, and then my initial court date is on the 5th. He definitely doesn’t have anything on me as far as speed because he put 50+ and then under the "speed detection device" box he put "estimation".

My dad is a glass half empty kind of guy and he was hitting me with the felony and not being able to get a job trip so I was kind of worried, but I think it will turn out okay.

Now I just have to find a lawyer

 

[GNBRETT]

A Police Officer does not have to get you on Radar, laser, or Lidar to write you a ticket or arrest you for a speed violation. Those tools just make it harder for you to defend against in court. His mere observation coupled by your admission gives him probable cause to arrest you. An arrest is not a conviction!

"Drag racing" in the state of Arizona : 28-708 (A) is a class 1 misdemeanor. If convicted of a subsequent violation of this statute within (24) months of a first conviction it jumps to a class 6 felony. Conviction, not arrest.

"Exibition of Speed" would be classified in the same statute. The offense of "Exibition of Speed" goes beyond the mere speed a person is traveling. It also prohibits the quick acceleration of a vehicle for the purpose of drawing public attention to your vehicle. (Squealing your tires)

Your admission to the Police Officer is what sealed it for you. Never admit anything. It's still weak tho. Probable cause to arrest is 51% or more probability that you committed a violation of state statute in the opinion of the Officer.

"Drag race" means either:

(a) The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other.

(b) The operation of one or more vehicles over a common selected course and from 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. "Racing" means the use of one or more vehicles in an attempt to outgain or outdistance another vehicle or prevent another vehicle from passing.


I would see what happens with the prosecutor when you go to court first. They usually will just drop it down to a fine (non criminal offense) depending on your driving history and make you pay or make a donation.

If you go to trial it won't happen that day anyway. Spending $1000.00 + on an attorney is premature. You will have to come back to court if it goes to trial. Get an attorney at that stage if you it does not go well at court.

Don't get too excited about this charge. There was no accident and no one was injured. Your not going to get convicted of this and it will not prevent you from becoming a teacher. The prosecutor will plead this down. It's done every day. Just dress nice, be polite and tell the prosecutor you were not racing. Express that is was a motorcycle!

All this drama is a deterrent, thats all.

Even if it goes to trial and you get convicted, which it won't, most states have what is called Accelerated Rehabilitation or whatever your state calls it. It is like a "wipe my charge clean one time offer." You apply for this as long as it is not a violent or Domestic type offense which it wasn't. You would have to check with your local court on that tho. Relax!

 

[turbov6joe]

In most states you don't have a "speed" to prove drag racing. In Kansas it reads something like this...2 motorized vehicles competing in an event of acceleration where both vehicles are trying out distance the other. All the cop has to prove, and maybe by his word alone, is that he wittnessed you two competing aganst eachother. If this cop is in good standing with the court sysytem you'll be going against you might be in trouble...just depends what kind of mood the city/county prosecuter and judge are in. If you have a good clean driving/criminal record they might let you plea it down to a "basic speed" citation. As for exhibition of speed, that's a weak charge and most people with an IQ over that of a NASA space monkey can argue that their tires must have been cold, on wet pavement, over loose dirt/gravel, touchy gas pedal, or the car has a lot of power and it always turns the tires over when taking off. Really your not in that much trouble, if the charge was wreckless driving I'd say otherwise. Good luck!

 

[ACLR8R]

GNBRETT- I never said we were racing, I did telling him we were messing around. Would this still incriminate me?

When we were "messing around" he was never closer than 1/4 mile away, except when he saw us and he was heading the other direction. I think that since his "estimation" is within 5mph of the posted limit that shouldnt be to bad.
I think I can get around the squealing tires because as I stated I just had my tranny rebuilt and have a receipt for it, so I could tell him I was not used to the tranny and converter, and the cold pavement (it was 7:15pm).

I have a relatively clean record, traffic school about a year and a half ago, and a ticket that was about 37 months before that, so hopefully they will be lenient.

 

[BuickMike]

Howdy neighbor. Looks like you're not far from me. I'm in Queen Creek. I take it you got nailed by Gilbert Police. I've heard they are hard asses. Anyways your ticket is a misdemeanor. I got the same thing back when I was in High School in '93. You should definately get a lawyer if you want to have any chance trying to fight it. I got sideways pulling out of a parking lot. I took the ticket to court with pictures showing the dirt that collected in the street where I lost control from the storm the previous night. The cop argued that I didn't let off until I shifted into second. I explained that my car would have completely spun out due to the transaxle in the rear (Porsche 924S) and I felt it better to stay in it and countersteer to gain conreol of the vehicle. The judge didn't care and found me guilty. I ended up taking a defensive driving class over a period of 5 nights in order to keep my license (which was on probation for 1 year). The class is different from the one you take for your typical moving violation. I'm pretty positive that nothing has changed since I got my ticket so that should be what is in store for you.

 

[chopped39]

Maybe you will get lucky and the judge doesnt know about grand nationals. Just tell him the cop is crazy. tell him you only have a v6.Just leave the turbo part out. good luck

 

[BLACK6PACK]

I dissagree with those that say not to get a lawyer now. I say get the lawyer ASAP. I wouldn't want to be fingerprinted. They can usually take care of everything and you never have to show up at any court date.