2 Buddy's go to jail for intent to street race!
11-24-2008, 04:21 PM
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2 Buddy's go to jail for intent to street race! Here is the story that on of the guys posted up on our local site.. They said they were sitting at a light which had another light a couple of hundred feet down so I know they couldn't physically gotten up to any kind of speed. Anyone else ever heard of anything like this???
ok so last night me and colby got arrested for street racing. We were on university just making noise not racing but a cop took it as intent to race. So we both spent the night in college station police department and our bond is set at 2000. Is there any good lawyers that yall would recommend or any words of advice would be nice. This was the first time for both of us to be arrested and for doing absolutely nothing maybe going like 5 mph over the speed limit but not street racing.
ok so last night me and colby got arrested for street racing. We were on university just making noise not racing but a cop took it as intent to race. So we both spent the night in college station police department and our bond is set at 2000. Is there any good lawyers that yall would recommend or any words of advice would be nice. This was the first time for both of us to be arrested and for doing absolutely nothing maybe going like 5 mph over the speed limit but not street racing.
11-24-2008, 04:38 PM
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sounds like they got caught piping each other while rolling down the street. Cops can make up BS! We have been followed by the cops and they knew what we were doing but since we never raced they couldnt get us. Sounds like they are making up BS to take em to jail now! I would fight that. How can he prove they were " going" to race. If anything they should get it dropped down to noise pollution or something
11-24-2008, 04:46 PM
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I had a buddy who was driving next to a Taurus in his Z06 and downshifted to go around them and a cop flew up behind him, pulled him over, and chewed his *** out. He told my friend that he knew he was racing and he was going to jail. My buddy actually knew the chief and he heard the call coming in to the station, so he told the cop to give him a warning for noise. I have the highest respect for cops, but there are a lot out there that will do anything to pull over some cars.
11-24-2008, 04:54 PM
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That would be like a guy driving by a hooker and yelling, "How much you charge?" w/out slowing down and getting arrested for intent to solicit prostitution.
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11-24-2008, 08:25 PM
#13
Well from what my lawyer and former state cop cousin told me when I had the same thing happen to me is: Street racing is defined as a contest of speed. So, if you went over the limit at all, in his eyes he stopped you before you got dangerous. And if you were just revving the motor at each other he pulled you over before you did something stupid. However, this is just petty bullshit they can try to use against you, I'd lawyer up and take the 5 mile over speeding ticket they are going to reward you with because it's going to be real hard for them to prove drag racing. Also, a key part in them trying to prove drag racing is they MUST catch both cars and drivers. Thank god you didn't pull that **** in Jersey, they would've impounded and sold your vehicles, instant loss of license, and a 10k fine, that's if they can catch both people and prove drag racing. Nevermind if they start getting into reckless driving and all sorts of endangerment.
11-24-2008, 08:34 PM
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The only thing that can be done is get a lawyer and pay a bunch of money, period.
They go through so many cases like this, it's cut and dry. You are already guilty, no matter what really happened. Obviously it's their fault for doing anything on University anyway. I have the utmost respect for police officers, but up there you're dealing with a bunch of fund raisers. I imagine part of it is to keep everything suppressed, by not being the least bit lenient, which really is a good idea in a town that is comprised almost solely comprised of college students.
That said, I know how it feels. My friend and I receieved tickets for doing 80 in a 70 on highway 6 years ago, when we were actually doing 60. I've earned my share of tickets, and gotten let off many times, but that was downright ridiculous. It's disgusting when a state trooper can blatently lie in court and have no qualms about it.
Luckily that's the only unfair treatment I've recieved from law enforcement.
They go through so many cases like this, it's cut and dry. You are already guilty, no matter what really happened. Obviously it's their fault for doing anything on University anyway. I have the utmost respect for police officers, but up there you're dealing with a bunch of fund raisers. I imagine part of it is to keep everything suppressed, by not being the least bit lenient, which really is a good idea in a town that is comprised almost solely comprised of college students.
That said, I know how it feels. My friend and I receieved tickets for doing 80 in a 70 on highway 6 years ago, when we were actually doing 60. I've earned my share of tickets, and gotten let off many times, but that was downright ridiculous. It's disgusting when a state trooper can blatently lie in court and have no qualms about it.
Luckily that's the only unfair treatment I've recieved from law enforcement.
11-24-2008, 08:38 PM
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What I think is funny is how draconian the laws are against "street racing" in some states. Wanting to throw the book at people, take away cars, etc, but how many drunk drivers get let off with basicly a slap on the hand (IE community service and a fine)?
Which kills more people each year???
Why aren't the laws for drunk driving so stiff? Oh, thats right. Its because the politicians are drinking and driving. Thats even how some get rid of unwanted women.......
Which kills more people each year???
Why aren't the laws for drunk driving so stiff? Oh, thats right. Its because the politicians are drinking and driving. Thats even how some get rid of unwanted women.......
11-25-2008, 12:18 AM
#17
You don't have to go over the speed limit to be arrested for "Racing on Highway"......
Looks to me that the cop was well within the law in making the arrest. Better tell your friends to lawyer up.
Originally Posted by Texas Transportation Code
§ 545.420. RACING ON HIGHWAY. (a) A person may not
participate in any manner in:
(1) a race;
(2) a vehicle speed competition or contest;
(3) a drag race or acceleration contest;
(4) a test of physical endurance of the operator of a
vehicle; or
(5) in connection with a drag race, an exhibition of
vehicle speed or acceleration or to make a vehicle speed record.
(b) In this section:
(1) "Drag race" means the operation of:
(A) two or more vehicles from a point side by side
at accelerating speeds in a competitive attempt to outdistance each
other; or
(B) one or more vehicles over a common selected
course, from the same place to the same place, for the purpose of
comparing the relative speeds or power of acceleration of the
vehicle or vehicles in a specified distance or time.
(2) "Race" means the use of one or more vehicles in an
attempt to:
(A) outgain or outdistance another vehicle or
prevent another vehicle from passing;
(B) arrive at a given destination ahead of
another vehicle or vehicles; or
(C) test the physical stamina or endurance of an
operator over a long-distance driving route.
(c) [Blank]
(d) Except as provided by Subsections (e)-(h), an offense
under Subsection (a) is a Class B misdemeanor.
(e) An offense under Subsection (a) is a Class A misdemeanor
if it is shown on the trial of the offense that:
(1) the person has previously been convicted one time
of an offense under that subsection; or
(2) the person, at the time of the offense:
(A) was operating the vehicle while intoxicated,
as defined by Section 49.01, Penal Code; or
(B) was in possession of an open container, as
defined by Section 49.031, Penal Code.
(f) An offense under Subsection (a) is a state jail felony
if it is shown on the trial of the offense that the person has
previously been convicted two times of an offense under that
subsection.
(g) An offense under Subsection (a) is a felony of the third
degree if it is shown on the trial of the offense that as a result of
the offense, an individual suffered bodily injury.
(h) An offense under Subsection (a) is a felony of the
second degree if it is shown on the trial of the offense that as a
result of the offense, an individual suffered serious bodily injury
or death.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 535, § 1, eff. Sept. 1, 2003.
participate in any manner in:
(1) a race;
(2) a vehicle speed competition or contest;
(3) a drag race or acceleration contest;
(4) a test of physical endurance of the operator of a
vehicle; or
(5) in connection with a drag race, an exhibition of
vehicle speed or acceleration or to make a vehicle speed record.
(b) In this section:
(1) "Drag race" means the operation of:
(A) two or more vehicles from a point side by side
at accelerating speeds in a competitive attempt to outdistance each
other; or
(B) one or more vehicles over a common selected
course, from the same place to the same place, for the purpose of
comparing the relative speeds or power of acceleration of the
vehicle or vehicles in a specified distance or time.
(2) "Race" means the use of one or more vehicles in an
attempt to:
(A) outgain or outdistance another vehicle or
prevent another vehicle from passing;
(B) arrive at a given destination ahead of
another vehicle or vehicles; or
(C) test the physical stamina or endurance of an
operator over a long-distance driving route.
(c) [Blank]
(d) Except as provided by Subsections (e)-(h), an offense
under Subsection (a) is a Class B misdemeanor.
(e) An offense under Subsection (a) is a Class A misdemeanor
if it is shown on the trial of the offense that:
(1) the person has previously been convicted one time
of an offense under that subsection; or
(2) the person, at the time of the offense:
(A) was operating the vehicle while intoxicated,
as defined by Section 49.01, Penal Code; or
(B) was in possession of an open container, as
defined by Section 49.031, Penal Code.
(f) An offense under Subsection (a) is a state jail felony
if it is shown on the trial of the offense that the person has
previously been convicted two times of an offense under that
subsection.
(g) An offense under Subsection (a) is a felony of the third
degree if it is shown on the trial of the offense that as a result of
the offense, an individual suffered bodily injury.
(h) An offense under Subsection (a) is a felony of the
second degree if it is shown on the trial of the offense that as a
result of the offense, an individual suffered serious bodily injury
or death.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 535, § 1, eff. Sept. 1, 2003.
Originally Posted by Texas Transportation Code
§ 545.401. RECKLESS DRIVING; OFFENSE. (a) A person
commits an offense if the person drives a vehicle in wilful or
wanton disregard for the safety of persons or property.
(b) An offense under this section is a misdemeanor
punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30
days; or
(3) both the fine and the confinement.
(c) Notwithstanding Section 542.001, this section applies
to:
(1) a private access way or parking area provided for a
client or patron by a business, other than a private residential
property or the property of a garage or parking lot for which a
charge is made for the storing or parking of motor vehicles; and
(2) a highway or other public place.
(d) Notwithstanding Section 542.004, this section applies
to a person, a team, or motor vehicles and other equipment engaged
in work on a highway surface.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
commits an offense if the person drives a vehicle in wilful or
wanton disregard for the safety of persons or property.
(b) An offense under this section is a misdemeanor
punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30
days; or
(3) both the fine and the confinement.
(c) Notwithstanding Section 542.001, this section applies
to:
(1) a private access way or parking area provided for a
client or patron by a business, other than a private residential
property or the property of a garage or parking lot for which a
charge is made for the storing or parking of motor vehicles; and
(2) a highway or other public place.
(d) Notwithstanding Section 542.004, this section applies
to a person, a team, or motor vehicles and other equipment engaged
in work on a highway surface.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
Originally Posted by Texas Transportation Code
§ 542.303. INCHOATE OFFENSE. (a) A person who attempts
to commit or conspires to commit an act declared by this subtitle to
be an offense is guilty of the offense.
(b) A person who falsely, fraudulently, or wilfully permits
another to violate this subtitle is guilty of the violation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
to commit or conspires to commit an act declared by this subtitle to
be an offense is guilty of the offense.
(b) A person who falsely, fraudulently, or wilfully permits
another to violate this subtitle is guilty of the violation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
Last edited by Dan Stewart; 11-25-2008 at 12:32 AM.
11-25-2008, 08:09 AM
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Here is the story that on of the guys posted up on our local site.. They said they were sitting at a light which had another light a couple of hundred feet down so I know they couldn't physically gotten up to any kind of speed. Anyone else ever heard of anything like this???
My car can get to over 97 mph in 660 feet...so please explain this logic?
Looks like a couple of kids got caught ******* around doing something stupid. But best of luck to them I did a ton of stupid stuff in my car when I was in college (last year and prior
) but got lucky they didn't get me for anything.Lawyer up and hopefully they just get with with a minor traffic ticket.
11-25-2008, 08:49 AM
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The link posted above to BCSStreet.com requiers you to login to the forum... but I love that the motto is "we bring the noise"
You don't have to speed to race. True... but the original post to me says that they weren't even speeding.. just that 5mph over was the worst they had done in the PAST.
Steep judgement for just revving engines no matter what the case is.
You don't have to speed to race. True... but the original post to me says that they weren't even speeding.. just that 5mph over was the worst they had done in the PAST.
Steep judgement for just revving engines no matter what the case is.
11-25-2008, 09:47 AM
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You would be supprised how many cops and even DA's don't know what the law really says about street racing. I had a DA upgrade the charges against me a few years ago to street racing. I told him he better do some reading and he later dropped the charges because my sitiuation did not fit the law in any way.
It sounds like it's going to be pretty tough for your friend as they have two vehicles involved. And who goes down the street piping at each other? Time to lawyer up.
It sounds like it's going to be pretty tough for your friend as they have two vehicles involved. And who goes down the street piping at each other? Time to lawyer up.