Help. Got a tix. Cops wrote it as "racing"
#1
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I was in So Cal in Torrance area PCH where the speed limit was 35 mph. I was doing a jack rabbit start from red light, ONLY UP TO THE legal speed limit of 35 mph. I was in the center lane, and I heard loud engine noise in the 2nd lane to my right, and I saw that it was an M3 trying to catch up to me.
Then the cops pulled both of us over and impounded our cars. No arrest though. Tix stated "race contest" I was minding my business and a 19 year old kid tried to catch up to my 997, and I was ticketed as racing. Can't believe this. I tried talking to the cops that I never got a speeding tix in 20 years and to let me go with a warning, but it didn't help. Couple of articles say that I could have been arrested easily since they are charging me with "racing" and there is a good chance that my license is suspended.
I know a handful of lawyers but none specialize in these type of cases. Our 997's are flashy and attract attention that cops who are probably not gonna be able to afford one on their salary appear to look for ways to throw the book.
Anyone know a good lawyer? How soon can I get my car back?
Then the cops pulled both of us over and impounded our cars. No arrest though. Tix stated "race contest" I was minding my business and a 19 year old kid tried to catch up to my 997, and I was ticketed as racing. Can't believe this. I tried talking to the cops that I never got a speeding tix in 20 years and to let me go with a warning, but it didn't help. Couple of articles say that I could have been arrested easily since they are charging me with "racing" and there is a good chance that my license is suspended.
I know a handful of lawyers but none specialize in these type of cases. Our 997's are flashy and attract attention that cops who are probably not gonna be able to afford one on their salary appear to look for ways to throw the book.
Anyone know a good lawyer? How soon can I get my car back?
Last edited by JJB236; 04-27-2009 at 02:43 AM.
#2
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Sounds like you have a case, but will need a lawyer to plead it. Racing is a 2 pt. misdemeanor (not your garden-variety citation) and, yes, you could have been arrested. Everything the cop did was by the book. It was also his discretion to impound the vehicles. Unfortunately, a jack-rabbit start in a 997 doesn't look good to a cop.
#3
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Wouldn't they have to prove that a race was taking place? If the speed limit wasn't breached, doesn't that get a lot harder to do?
I think you should be able to get out of this, but I'd let a lawyer handle it.
I think you should be able to get out of this, but I'd let a lawyer handle it.
#4
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Not to be a ball buster but doing a "jack rabbit" start within view of a cop is going to get you a ticket - period!
As for the racing thing, I agree you'll need a lawyer to talk this down to a regular ticket.
As for the racing thing, I agree you'll need a lawyer to talk this down to a regular ticket.
#5
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I assume he didn't see the cop. I've heard about "display of speed" tickets where you burn out or something, but I wasn't aware accelerating rapidly to 35 mph would generally get you in trouble. At any rate, I agree you need a specialist lawyer. I would hire one under the circumstances. I'm not sure what the law requires for a "race" to occur, but it wouldn't seem like there is enough based on these facts, at least as to you.
#6
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^ you mean "exhibition of speed".
if you accelerate quicly to speed limit, they can cite you for exhibition of speed easily. wheel chirp, loud exhaust, you name it.
you NEED a lawyers. i have used him a LOT several years back. aint cheap, but he was good.
if you accelerate quicly to speed limit, they can cite you for exhibition of speed easily. wheel chirp, loud exhaust, you name it.
you NEED a lawyers. i have used him a LOT several years back. aint cheap, but he was good.
#7
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A jack-rabbit start will get you to 35 mph pretty quick (less than 2 seconds). It seems that if you had time to be aware that the 19 yr old kid was trying to catch up to you, the speed would have been in excess of 35mph. Still, I agree that it was crappy luck. I'm sure many of us have, from time to time, driven a little spiritedly when next to another car, with no intent to take it to a dangerous speed or endanger others. Whenever I find myself being tempted, I remind myself about examples like this and back off before I get in trouble.
Good luck in resolving this.
Good luck in resolving this.
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#8
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The cop has a point that you were "racing," that is, you were competing against another car. That is certainly a no-no, but in this case the citation was no-doubt overly severe and unfortunate, as you state that you did not exceed the stated speed limit. I am stating the obvious, but no one should race on the street - illegal and often fatal. I suppose you learned your lesson, and yes you should hire a traffic lawyer to mitigate your penalty.
#9
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Yes, that's it. Of course, it's entirely at the discretion of the cop what he considers "exhibitionism." But these days, and especially in a Porsche, watch out.
#10
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Wasn't there a fatality involving a Porsche and Ferrari racing in the Orange County area a while back?
I forget the term used, or the "program", but local cops get some federal or state money periodically to zero in on specific areas (roads) and clamp down on particular offenses. This may or may not have been the case with the OP.
Local PD followed me home a couple of weeks ago for nailing it in 2nd gear on a lightly traveled road near my house. Very dumb of me, but the guy was very cool and didn't write me up.
3 weeks before that CHP pulled me over on the 101--again no ticket.
I'm being extra cautious and focusing more on situational awareness these days.
I forget the term used, or the "program", but local cops get some federal or state money periodically to zero in on specific areas (roads) and clamp down on particular offenses. This may or may not have been the case with the OP.
Local PD followed me home a couple of weeks ago for nailing it in 2nd gear on a lightly traveled road near my house. Very dumb of me, but the guy was very cool and didn't write me up.
3 weeks before that CHP pulled me over on the 101--again no ticket.
I'm being extra cautious and focusing more on situational awareness these days.
#11
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As a related question- could you be ticketed for a "jack-rabbit" start if there wasn't another car involved and if the speed limit isn't surpassed? Every so often when it's not too busy out on a road with a 40-50 mph speed limit, i might stomp on it a bit up to the speed limit, but no more. Could this lead to a ticket as well?
#12
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As a related question- could you be ticketed for a "jack-rabbit" start if there wasn't another car involved and if the speed limit isn't surpassed? Every so often when it's not too busy out on a road with a 40-50 mph speed limit, i might stomp on it a bit up to the speed limit, but no more. Could this lead to a ticket as well?
In California you could be cited, technically, for racing against yourself or trying to best a time:
California Vehicle Code Book, Division 11, Chapter 12, Article 1, Section 23109
With a good lawyer the OP should be able to beat this easily.
#13
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Due to the misconduct of a few Ferrari and Porsche drivers recently, we're getting a lot closer scrutiny out there on the roads, particularly places like PCH. Awareness of everything around you is the best defense. Good luck as you sort this out.
#14
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I was doing more research, and they could have made an arrest if they thought it was racing. Actually, that's what they wrote on the impound memo as a reason - "driver arrest." Now I have no idea whether my license is suspended. Logically thinking, cars were impounded since both drivers' license were suspended on the spot, is this right? But no where in the tix states that. Anyone have more info on this?
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No suspension 'on the spot.' Only the court can suspend your license, and you haven't been to court yet. Your car can be impounded for no more than 30 days while the case gets settled. You still have the privilege to drive.