Got Caught Racing Last Night (kinda long)

[turbojimmy]

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.

My rule of thumb is to never set foot in court without representation no matter how minor the offense. It might be expensive initially but it pays off in the long run. It's a good 'ol boy network and they all know each other well no matter which side of a case they're on. A good, experienced lawyer can get you out of just about anything.

Jim

 

[ACLR8R]

Any idea what this kind of represenatation would cost? Never dealt with this and dont want to pay more than I should!

 

[BLACK6PACK]

If its a typical "traffic lawyer" it can be cheap... $75-$300. If you hire a normal lawyer it can easily hit $1000. Look in the yellow pages for lawyers that specialize in traffic tickets.

 

[ACLR8R]

If its a typical "traffic lawyer" it can be cheap... $75-$300. If you hire a normal lawyer it can easily hit $1000. Look in the yellow pages for lawyers that specialize in traffic tickets.

Thats good, I emailed a couple of local Traffic lawyers and am waiting to hear from them.

 

[Alky V6]

The law recently changed in Cali. It is now a felony.

I didn't think you had to be finger printed for a misdemeanor.

 

[strikeeagle]

Seems like you're proceeding on the basis that you're smarter than the Police and the Courts?

Jahozafat.com - Liar_Liar: tailpipe.mp3

strike

 

[GNTIM]

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!

I know in Virginia they can take your car for good if it is in your name . Thats the main reason I rarely street race. Gotta provoke me really hard before I will even think about it. When I was younger my dad let me put my old Super Bee in his name for that reason. I raced and almost always beat anything that came along and luckily never got caught. P.S. get a lawyer

 

[darkred87T]

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

Sounds just like how my father would react. Lol. Get a lawyer and good luck.

 

[GNBRETT]

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.

The fact that you said "I told him we were just messing around and he would accelerate then I would" could be construed as racing in the eyes of the court. The statute does not require you to line up against someone from a start to qualify as racing. From a point as stated in the statute could mean from a start or from a roll.

"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.

"Messing around" is not something the Officer or court really wants to hear when describing you driving habits on any night.

You can always get an attorney. It is never a bad idea, but why spend the money when you won't be experiencing any type of trial that day anyway. It's up to you. If you feel more comfortable with getting an attorney then by all means do so but its a weak traffic offense and depending on who the attorney is it is going to cost you a boat load of money. They are all blood suckers. You will still have to pay the fines that the court will set fourth as well as the attorney fees.

If you want to pay double right off the bat then do so but your not getting convicted for this so it will come down to how much of a fine the court will impose when they reduce the charge. If you were lined up against someone with traffic stopped and 100 people out there watching and they were specifically targeting drag racers that night then that would be different. That is not how it happened and arresting you for what happened was a bit much. But like any Police officer you have reasonable cops and unreasonable cops.

I would get a feel from the prosecutor before spending that kinda money on an attorney for something like that. I have been to court dozens of times for traffic offenses and Connecticut had some of the steepest motor vehicle fines in the country and I see attorneys maybe 5% of the time with these type of offenses. They plea bargin just about everything minor like this. They are not going to prosecute you for this offense. They have many other offenses to deal with that dwarf a charge like that. If you were that far away from the bike then I would not loose sleep over this. Go to court and see what the prosecutor says? It is entirely up to you tho. Its your money to spend how you choose.

 

[ACLR8R]

I would get a feel from the prosecutor before spending that kinda money on an attorney for something like that. I have been to court dozens of times for traffic offenses and Connecticut had some of the steepest motor vehicle fines in the country and I see attorneys maybe 5% of the time with these type of offenses. They plea bargin just about everything minor like this. They are not going to prosecute you for this offense. They have many other offenses to deal with that dwarf a charge like that. If you were that far away from the bike then I would not loose sleep over this. Go to court and see what the prosecutor says? It is entirely up to you tho. Its your money to spend how you choose.

So I go in and plead not guilty on the intitial court date, then i will deal with a prosecutor, before the trial?

 

[ACLR8R]

Seems like you're proceeding on the basis that you're smarter than the Police and the Courts?

I surely dont think that! But I think that most judges dont know a ton about cars, and if they do than my reasoning should sound plausible.

 

[QWKRTNU]

Get a lawyer and pm WAY2QWK. We both got one from a DPS cop out there. I went to court and plead it down to a speeding ticket. They did that becasue he had no radar but told us we were doing 90. We were in our mustangs at the time. He had a Gt and I had a Cobra we were not racing. But the law here states 2 cars side by side speeding and or passing so we were speeding side by side so he got us for frag racing. WAY2QWK got a lawyer I took my chance I did not have the money. Hope this helps

 

[ACLR8R]

Get a lawyer and pm WAY2QWK. We both got one from a DPS cop out there. I went to court and plead it down to a speeding ticket. They did that becasue he had no radar but told us we were doing 90. We were in our mustangs at the time. He had a Gt and I had a Cobra we were not racing. But the law here states 2 cars side by side speeding and or passing so we were speeding side by side so he got us for frag racing. WAY2QWK got a lawyer I took my chance I did not have the money. Hope this helps

Thanks, I'll do that for sure!

 

[QWKRTNU]

Other wise it is a misdemeaner out there. I would have lost my current job even with that at the time

 

[tb3]

I'm sorry, but if it took that cop 35 minutes to ask a guy on a motorcycle what he was doing, then there you've got yourself a prime example of a bonafied idiot wearing the badge and gun. Our cops in this country are underpaid and under respected as it is, and morons like that only make it worse for them. 35 minutes??? What where they discussing? makeup? fishing lures? Even if he truly didn't know anything about the situation other than catching a glimpse of some fast acceleration, Does it take that long to ask somebody
1. Can I see your license?
2. Where you street racing?
3. How fast where you going?

Even if the motorbiker wanted to argue.... A cop is going to stand there and argue for that long? While hes got another guy pulled over sitting in the car?
I'd have called down to the station and got him some backup if I had to sit there longer than 5 minutes.
If he didn't have you speeding, and you didn't have a criminal record or history of traffic tickets, and you where very respectful, ... he should have told you to knock it off, and then lecture you on how dangerous "street racing" is, then sent you on your way. Then the next time, when he's got a little bit better eye on the situation, and some #'s to work with, he can give you a gool'ol fashion ticket.
35 minutes, sheesh, I bet hes one of those guys that spends 2 hours in the john to take a dump.

 

[TURBOPOWERED68]

Get a lawyer that familiar with that court and the judges.
He will most likely know the ADA’s and be able to work something out. And he can’t he might have a good idea of what BS type story the judge will buy.
Court is all about politics not the truth or justice.
That is your best bet.

 

[ACLR8R]

I'm sorry, but if it took that cop 35 minutes to ask a guy on a motorcycle what he was doing, then there you've got yourself a prime example of a bonafied idiot wearing the badge and gun. Our cops in this country are underpaid and under respected as it is, and morons like that only make it worse for them. 35 minutes??? What where they discussing? makeup? fishing lures? Even if he truly didn't know anything about the situation other than catching a glimpse of some fast acceleration, Does it take that long to ask somebody
1. Can I see your license?
2. Where you street racing?
3. How fast where you going?

Even if the motorbiker wanted to argue.... A cop is going to stand there and argue for that long? While hes got another guy pulled over sitting in the car?
I'd have called down to the station and got him some backup if I had to sit there longer than 5 minutes.
If he didn't have you speeding, and you didn't have a criminal record or history of traffic tickets, and you where very respectful, ... he should have told you to knock it off, and then lecture you on how dangerous "street racing" is, then sent you on your way. Then the next time, when he's got a little bit better eye on the situation, and some #'s to work with, he can give you a gool'ol fashion ticket.
35 minutes, sheesh, I bet hes one of those guys that spends 2 hours in the john to take a dump.

It was at least 35 minutes, and another cop did show up but he didnt do much. The other cop thought my car was cool though, he was like "this is a Buick?", and he told me it was a nice car.

When I get pulled over I am very respectful, I always give them the yes sir, no sir, I apologize sir, etc. I think it hurts that I look younger than I am people always think that I am like 18-19 when I am actually 24. In fact last week I was talking to a lady and she asked my what my plans were after high school

 

[tb3]

I think it hurts that I look younger than I am people always think that I am like 18-19 when I am actually 24. In fact last week I was talking to a lady and she asked my what my plans were after high school

trust me, one day you won't be complaining about that.

 

[SilverSleeper]

And make sure you get a decent lawyer, not a flake. The last time I got in trouble, I hired a lawyer that flaked out on a court appearance. Court sent him notice that for failure to appear they were going to suspend my license. Imagine my surprise 4 years later down the road, I got pulled over for expired tags and get charged with 3rd degree AUO. And then, I go to court, and find out from other people that the judge and my ex lawyer were drinking pals. So, needless to say, trying to explain how my lawyer flaked out, even with paperwork documenting everything, I still got bent over.

The judge in my original speeding ticket case was more help in 10 minutes of court time, than my lawyer I paid through the nose for was.

My point is, make sure its not just some new schmo representing you. Make sure hes had some previous clients, oh, and that hes not drinking buddies with the DA or judge in your case!! A judge doesnt care if your lawyer stinks, you hired him, so if he screws up somehow, you are still gonna be in deep water, and a judge wont cut you slack.

 

[BuickMike]

Call Phillips and Associates

Only a Phoenixian can appreciate that one.