question for cops

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Old 09-24-2008 | 03:07 PM
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last night i was riding my bike with a couple other ppl and got pulled over. Reason got pulled over was because he thought i was accelerating to fast. I have a rear cover on my bike that you need a screwdriver to get into and thats where i keep my insurance. Anyway he goes back to the car, my friend pulls up and i open it up and show the cop my insurance. The cop had already written the ticket and said that he cant not write it at this time? Is this true? it was a carbon paper one not the electronic type...No big deal either way because i took care of it at the city hall today but i was just curious if what he said is true or not...
Old 09-24-2008 | 03:17 PM
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Sounds like some BS to me.

I had a situation years ago where I got caught speeding in my '90 Corvette, cop gave me a ticket. We got to talking and ended up having about a 20 minute conversation which led him to take the ticket back, write VOID across the thing and gave it back to me, told me to have a good day. I didn't expect him to, we were just talking about future/school/etc..
Old 09-24-2008 | 03:20 PM
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doesn't sound right, but there could have been someother circumstances prohibiting him form voiding it. Who knows?
Old 09-24-2008 | 03:31 PM
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All their tickets are numbered, and from what i understand more paperwork has to accompany an incorrectly written ticket or voided one.

He COULD have re written the ticket for only exhibition of acceleration, however he knew it would only take you going to the courthouse to have the insurance ticket overthrown.

So basically you would have been wasting his time to re write and cancel out the other ticket. Basically making it harder for you and easier on him.
Old 09-24-2008 | 03:33 PM
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Originally Posted by AGRV8D
exhibition of acceleration
If he wrote you for this, it will be thrown out. This law no longer exists.
Old 09-24-2008 | 03:36 PM
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whats it called now when they accelerate too fast?
i was writing based that he was written for more than just insurance...
Old 09-24-2008 | 03:37 PM
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I started to argue but then figured the insurance one was easier then hireing a lawyer and fighting a exihibition ticket, but i didnt accelerate that fast i have a dnd pipe and it sounds loud, i was going max 50 in a 45 and he said he estimated 80ish...only took about 15 mins to take care of no insurance ticket and no charge but cop was nice
Old 09-24-2008 | 03:38 PM
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I'm not a cop, but I assume he could write it for Reckless Driving or something along those lines.
Old 09-24-2008 | 03:41 PM
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i think they just call it reckless driving now
Old 09-24-2008 | 03:42 PM
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you beat me to it i type slow
Old 09-24-2008 | 03:43 PM
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i was written for exhibition of acceleration about 10x before Sep 2003... Thats what they used to write if they caught you racing
Old 09-24-2008 | 04:13 PM
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Originally Posted by AGRV8D
i was written for exhibition of acceleration about 10x before Sep 2003... Thats what they used to write if they caught you racing
If they catch you racing, I believe it's now Contest of Speed and you get screwed big time.
Old 09-24-2008 | 04:45 PM
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Yep I got a exhibition of acceleration ticket for street racing awhile ago around 04 I guess.
Old 09-24-2008 | 04:46 PM
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Sep 03 was when the laws changed... I know cause i was caught racing a porsche in my old vette through Deer Park in August of 03....
Old 09-24-2008 | 06:23 PM
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Originally Posted by dshag
I started to argue but then figured the insurance one was easier then hireing a lawyer and fighting a exihibition ticket, but i didnt accelerate that fast i have a dnd pipe and it sounds loud, i was going max 50 in a 45 and he said he estimated 80ish...only took about 15 mins to take care of no insurance ticket and no charge but cop was nice
smart choice, most courts will allow you to fax your proof of insurance and its a done deal, just call them. Fighting a contest of speed ticket sucks, get ready to take it in the tailpipe...
Old 09-25-2008 | 07:04 AM
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Our department's policy is that once the ticket is written it is a done deal and that person has to go see the judge. We are now electronically writing the tickets and it is all done through a computer, but even during the carbon copy days, the policy was the same. I try to give someone a few minutes to find their insurance, but sometimes it is frustrating. So many people don't keep up with it and start pulling out stacks of paper from the glovebox or center console, trying to find it. But I can understand YOUR frustration in this situation because a bike only has one or two places to hide the insurance. I would have given you a few minutes, but that is just me. When I pull over anyone with a nice car or a bike, it usually takes longer anyways because we always end up talking about their car/bike and my car.

Exhibition of Acceleration is no longer a violation as so many others have already stated, but the Racing on Highway (Misdemeanor Class B) law was written to allow officers to use their own discretion when anyone is "accelerating" faster than a "normal" person would be in the same situation. Or as others have stated, they could consider it Reckless Driving. Hope this helps.
Old 09-25-2008 | 07:30 AM
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Originally Posted by WstTexas
Our department's policy is that once the ticket is written it is a done deal and that person has to go see the judge. We are now electronically writing the tickets and it is all done through a computer, but even during the carbon copy days, the policy was the same. I try to give someone a few minutes to find their insurance, but sometimes it is frustrating. So many people don't keep up with it and start pulling out stacks of paper from the glovebox or center console, trying to find it. But I can understand YOUR frustration in this situation because a bike only has one or two places to hide the insurance. I would have given you a few minutes, but that is just me. When I pull over anyone with a nice car or a bike, it usually takes longer anyways because we always end up talking about their car/bike and my car.

Exhibition of Acceleration is no longer a violation as so many others have already stated, but the Racing on Highway (Misdemeanor Class B) law was written to allow officers to use their own discretion when anyone is "accelerating" faster than a "normal" person would be in the same situation. Or as others have stated, they could consider it Reckless Driving. Hope this helps.
So if you pull out of a parking lot and stomp on it... what's it called?

I got caught doing that a couple years ago and got Excessive Acceleration, so would it just be reckless driving now?

It was kinda funny, cause I asked if I could just get a warning and he said, "Not when you do it through 3 gears like that." and walked back to his car..
Old 09-25-2008 | 09:47 AM
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thanks for the info wsttexas, i figured it was something like that
Old 09-25-2008 | 10:05 AM
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Originally Posted by ZFSix
Sounds like some BS to me.

I had a situation years ago where I got caught speeding in my '90 Corvette, cop gave me a ticket. We got to talking and ended up having about a 20 minute conversation which led him to take the ticket back, write VOID across the thing and gave it back to me, told me to have a good day. I didn't expect him to, we were just talking about future/school/etc..
got a story like that to, was making my way to NC from the FL Keys. 18+ hour road trip i was trying to make in 11 hours, ended up making in 12. anyways i was racing a Vette on some backwoods BF nowhere highway when of course i see the lights. my cars not some crazy 1K HP car so i desided pulling over would be best haha, dude came right up and asked how fast i thought i was going, and then carried on to ask what was done. turns out he had just gotten an 01 SS. we ended BSing about LS1s for an hour haha....
Old 09-25-2008 | 12:45 PM
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Originally Posted by ZFSix
So if you pull out of a parking lot and stomp on it... what's it called?

I got caught doing that a couple years ago and got Excessive Acceleration, so would it just be reckless driving now?

It was kinda funny, cause I asked if I could just get a warning and he said, "Not when you do it through 3 gears like that." and walked back to his car..

Here is very small clip from the actual statute of Racing on Highway:

§ 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.

Here is a partial clip of Reckless Driving Statute:

§ 545.401. RECKLESS[0] DRIVING[0]; 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.

Basically that is a "catch-all" and there is alot of gray area in this law. Here is an older version of the Texas Code of Criminal Procedure that I was able to find online: http://tlo2.tlc.state.tx.us/statutes/index.htm

If you need any clarification or want to ask any other questions, please feel free to post or send me a pm.

Travis



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