Exhibition of Speed - VC23109(C)
#32
...one night, 6 weeks from today, a dark side street, Bray by himself, driving the speed limit, top down, music playing quietly, on his way home, red lights fill his mirrors, last thing heard after he pulls over, "OK, Bray, out of the car, NOW! Face down on the street - get your hands behind you, NOW! We've got a warrant for you, pal..."
#34
...one night, 6 weeks from today, a dark side street, Bray by himself, driving the speed limit, top down, music playing quietly, on his way home, red lights fill his mirrors, last thing heard after he pulls over, "OK, Bray, out of the car, NOW! Face down on the street - get your hands behind you, NOW! We've got a warrant for you, pal..."
Ha-Ha pete
Good one.
Douglas,
Glad everthything is going in your favor.
Too bad you cannot bill DMV for your time and expenses fighting a bogus ticket.
My co-workers brother got a ticket in NJ for making a left turn on a green arrow while there was a sign in the distance stating "No Left Turn" along with three other cars.
Tried to fight it but the judge stated the sign overules the light and it was not their fault that DOT was behind in removing the arrow from the traffic light.
John
#35
#37
Well I found out today that my case had been filed and I didn't show to my araingment. I showed the court clerk the notice I got in the mail and they quietly let me see the judge. It too had a masive problem. The judge asked how I plea and sent me on my way. NOT GUILTY. The court then gave me 3 pages of discovery. The officer said I did a "burn-out" and "smoked" my tires. My defence is going to be that I have bad valve guides and the "smoke" was oil. The judge told me to get a good lawyer. I just happen to provide daycare for my attorney. We go back on the 30th. I couldn't "burn-out" my tires for nothing.
#38
3 pages of discovery for a traffic ticket? Who is the DA, Elliot Spitzer?
(edit: changed my previous post. Ouch!!!! I looked up the California VC. Owie owie owie!!!!)
I don't think I'd want to take a case like that to court if I ever get pulled over, driving a Porsche with tinted windows and lowered etc. No way. I'm not Bill Gates, and I don't have gobs of money to pay lawyers to make a point. BTW the burden of proof is not "reasonable doubt". It's supposed to be higher than that. The prosecution is supposed to prove their case beyond all doubt. But you never know. People hear "Porsh" and they think you're a showoff.
On the other hand, you have a Buford T Justice shelling out bogus tickets, and you are looking at 24-48 hrs. jail time plus restricted license. I guess you have to fight. sucks.
(edit: changed my previous post. Ouch!!!! I looked up the California VC. Owie owie owie!!!!)
I don't think I'd want to take a case like that to court if I ever get pulled over, driving a Porsche with tinted windows and lowered etc. No way. I'm not Bill Gates, and I don't have gobs of money to pay lawyers to make a point. BTW the burden of proof is not "reasonable doubt". It's supposed to be higher than that. The prosecution is supposed to prove their case beyond all doubt. But you never know. People hear "Porsh" and they think you're a showoff.
On the other hand, you have a Buford T Justice shelling out bogus tickets, and you are looking at 24-48 hrs. jail time plus restricted license. I guess you have to fight. sucks.
#39
Douglas, Douglas, Douglas, you need to think my boy. If you go for jury duty (some types), they will ask if you have friends or relatives that are officers. This is because some officers may relate an incident to justify their actions and tell friends and relatives about it. I have had close friendships with several officers and have heard the stories.
IMO, Judges unfortunately are not all of the highest integrity. IMO, One of the unspoken duties of a Judge is to have as many lawyers employed as possible.
But the obvious is what you have missed.
The State of California is on the verge of Bankruptcy. The bonds (several and many) have been de-rated and that means no one will buy into new bonds and existing bonds have lost millions of dollars of value. The expenses are not being met by income. The state is broke and I think they will default on bonds and other obligations.
In the mean time, officers who are there anyway, need to become larger revenue/income generators.
They want your $. They need your $. They will get your $. And oh yes, the insurance companies who are a major political influence, will raise your rates and their profits.
You are in the cross hairs cause of the perception that you are rich (and you may be) because you got a go fast, pretty car. And by the way, it may be that officer would like to have one and he cant afford one------------- so
you get a ticket.
I am so sorry Douglas, but, that is life/how the cow ate the cabbage. A Porsche man’s burden, as it were.
IMO, Judges unfortunately are not all of the highest integrity. IMO, One of the unspoken duties of a Judge is to have as many lawyers employed as possible.
But the obvious is what you have missed.
The State of California is on the verge of Bankruptcy. The bonds (several and many) have been de-rated and that means no one will buy into new bonds and existing bonds have lost millions of dollars of value. The expenses are not being met by income. The state is broke and I think they will default on bonds and other obligations.
In the mean time, officers who are there anyway, need to become larger revenue/income generators.
They want your $. They need your $. They will get your $. And oh yes, the insurance companies who are a major political influence, will raise your rates and their profits.
You are in the cross hairs cause of the perception that you are rich (and you may be) because you got a go fast, pretty car. And by the way, it may be that officer would like to have one and he cant afford one------------- so
you get a ticket.
I am so sorry Douglas, but, that is life/how the cow ate the cabbage. A Porsche man’s burden, as it were.
#41
Good luck Doug!! It still seems like you should be able to beat this pretty handily. The cop's video should be able to proove that you didn't smoke your tires. Also you should be able to fudge a little and use the fact that the judge doesn't know 911's to your advantage. I would argue that with the "dangerous rear weight bias" there is no way to 'smoke the tires' around an intersection without sliding as well. That is pretty much true, especially if you have LSD. If you are burning the tires around a corner on an early 911, you are almost certainly sliding too...which of course you were not. If you quoted the performance figures of the older 911's and compare them to new sedans, you could argue that you know your car is antique and that there is no reason exibit speed, because by todays standards it is not that fast. You could also argue that you knew that before the fact, and therefore had no reason to intend an exibition of speed.
On a side note I got my first ticket in 5 years the other day. It was for a lane line violation.... I would have fought it in court, but the cop was pissed enough at me I was sure he would show up in court and say whatever he could to have the book thrown at me. What really happened is complicated to explain, but it will siffice to say that I was breaking no other laws (speeding recklessness etc.), while taking a tight turn exactly at the posted speed limit (99% of people would have slowed down). My only mistake was allowing my tires to touch the yellow line at turn in. Whoops. I knew he got me, and left it at that.
Hope you beat the rap!
On a side note I got my first ticket in 5 years the other day. It was for a lane line violation.... I would have fought it in court, but the cop was pissed enough at me I was sure he would show up in court and say whatever he could to have the book thrown at me. What really happened is complicated to explain, but it will siffice to say that I was breaking no other laws (speeding recklessness etc.), while taking a tight turn exactly at the posted speed limit (99% of people would have slowed down). My only mistake was allowing my tires to touch the yellow line at turn in. Whoops. I knew he got me, and left it at that.
Hope you beat the rap!
#42
Doug: Good grief, I thought that this fiasco was over! If it goes to court, and your lawyer needs expert testimony to "prove" that you can't light up the rear wheels on an '88 Cab fitted with LSD (unless you're at the drags and the wheels are in that liquid they use!) I will do everything that I can to get down there and testify for you. I'm pretty sure that I'm still listed as an "expert" in the lawyer's guide for that sort of thing. Your lawyer probably has a copy, have him check to see if I'm still in there (it's a thick book of contacts who have been accepted by the court system). If not, I know how to present expert testimony.
#45
I used to sit as a Judge Pro Tem in traffic court in L.A., so I will venture a little free advice (worth at least twice what you pay for it):
1. Get a lawyer and get one who actually does traffic tickets. Most don't because it is almost impossible to make a living doing so.
2. Consider a plea to something more inocuous, say, the infraction of "making an unsafe turn." Then ask for traffic school. Not guilty, you say. So what? The case will be decided on the evidence (usually), not your opinion (though maybe Pete's).
3. If you do fight this, be prepared. Bring pictures, Pete, the lawyer and anything else that documents what you were up to. Dress professionally and be calm, courteous and organized. Address the judge as "your honor", not "judge". Most who contest tickets fall into two categories - the ranters and the well-prepared. Guess which group has the best chance of winning?
4. Trial is a crap shoot. People who shoud win can lose and those who should lose can win (think OJ here). Be prepared to lose (see plea bargain advice above). It can happen. The way most "innocent" people lose is the cop and you both present a believable case. Then it becomes an issue of credibility. As the say in Vegas "a push goes to the dealer", i.e., the cop. Judges mostly believe the cop has less to gain from lying than you do. Jail would be very unlikely (unless your defense turns into an "exhibition of attitude").
Good luck!
Bob F.
p.s. - If you really do rely on the defense that your car was pouring out oil smoke, don't drive the dam thing to court. Unless you want a bitter cop (assuming you win) writing your car up as a gross polluter. Stranger things have happened.