how many of you guys have been caught for racing...
03-24-2009, 12:35 PM
#61
hahaha effin' Adam
+1
This is probably the best advice given so far.
My advice would be to challenge the ticket. OFTEN it will make them want to skip the hearing. Even if he does come to the hearing, his sparse notes and bad memory will help the judge decide in your favor.
Alot of times they will not even show up. Make sure you question the officer more directly, about how the offense was detected and verified. Find out where they were positioned when they clocked you and what type of speed measurement device, was used and if it was radar, laser or Accutrac. Most radar guns need to be recalibrated every 30-60 days, and due to ignorance, lack of funding, or laziness, they rarely are.One solid arguement is to prove that the measurment device is faulty. Verify whether this was done and documented.BUT If in your case the officer estimated your speed, then find out what the location was when he began to follow you. IF the officer does not give u this information releated to the device you can request this information by filing a motion of Discovery, and then you will get that information. Motion of Discovery is the legal notion that you are entitled to see all the evidence against you and other relevant information that the prosecutor may have that can help or hurt your case. Show up to your hearing looking clean and professional. Plead “not guilty.” A plea of “no contest” or “guilty with explanation” will do you no good. Use facts to present your case to the judge without admitting guilt. "I was only doing 55 in a 45" IS an admission of guilt. "I was traveling at a safe speed for the conditions" does NOT admit guilt. Politely and clearly explain your defense, entering evidence as necessary. In some cases (in your example) Say the charger was challenging YOU to race and sped off reaching speeds of 65+ mph while you were left behind with his racing ticket.
p.s. In some states (for sure California) you are entitled to a trial by mail. This is the best option for beating your ticket imo. You submit your claim as to why you are innocent in a letter, and the officer must do the same. Trial by mail is pure paperwork, and cops will often not bother to submit their side of the story. When this happens, you win by default. EVEN if you lose by mail, you have lost NOTHING because you can still request an in-person trial (as if your mail verdict never even happened), request traffic school, or pay your fine. Your entire case can rest on your attitude, be on your best behavior inside and outside of the courthouse. Always show respect for the court and the proceedings. Win or lose, it is always best to thank the judge.
Alot of times they will not even show up. Make sure you question the officer more directly, about how the offense was detected and verified. Find out where they were positioned when they clocked you and what type of speed measurement device, was used and if it was radar, laser or Accutrac. Most radar guns need to be recalibrated every 30-60 days, and due to ignorance, lack of funding, or laziness, they rarely are.One solid arguement is to prove that the measurment device is faulty. Verify whether this was done and documented.BUT If in your case the officer estimated your speed, then find out what the location was when he began to follow you. IF the officer does not give u this information releated to the device you can request this information by filing a motion of Discovery, and then you will get that information. Motion of Discovery is the legal notion that you are entitled to see all the evidence against you and other relevant information that the prosecutor may have that can help or hurt your case. Show up to your hearing looking clean and professional. Plead “not guilty.” A plea of “no contest” or “guilty with explanation” will do you no good. Use facts to present your case to the judge without admitting guilt. "I was only doing 55 in a 45" IS an admission of guilt. "I was traveling at a safe speed for the conditions" does NOT admit guilt. Politely and clearly explain your defense, entering evidence as necessary. In some cases (in your example) Say the charger was challenging YOU to race and sped off reaching speeds of 65+ mph while you were left behind with his racing ticket.p.s. In some states (for sure California) you are entitled to a trial by mail. This is the best option for beating your ticket imo. You submit your claim as to why you are innocent in a letter, and the officer must do the same. Trial by mail is pure paperwork, and cops will often not bother to submit their side of the story. When this happens, you win by default. EVEN if you lose by mail, you have lost NOTHING because you can still request an in-person trial (as if your mail verdict never even happened), request traffic school, or pay your fine. Your entire case can rest on your attitude, be on your best behavior inside and outside of the courthouse. Always show respect for the court and the proceedings. Win or lose, it is always best to thank the judge.
This is probably the best advice given so far.
03-24-2009, 01:20 PM
#62
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Well here is the thing, you can fight it, if the other person wasn't given a ticket, how can they prove it? Hope teh cop doesn't show, no show, means no ticket, I would agree with Gilbert (raptorws6) and get a lawyer or legal advice, could be hefty fine for ya. Not sure of the amount but I think they are high hundres like $600 or more. Not completely sure so don't worry till someone gives you exact.
not to be a an *******.... but youre pretty much fucked dude....
State of CA is the worst state when it comes to this type of ****...
you def gotta get a lawyer... if your lawyer is good, they wont give you jail time or suspend your license... but you will pay with community service and numerous fines...
as many know i got seen doing a ***** *** peel out in front of the store and the sonofa bitch slapped a misdemeanor on my ***... I hired a lawyer fearing of losing my license... Now after spending close to 5 grand on both a lawyer and traffic fines, and doing about 20 days of caltrans 8 hours a day on a hot ******* weather almost everyday.... 2 days left!!!!!!!
i dont even know what they would do if i actually street raced... probably crucified me right there...
i was surprised they didnt take you in...
if it says misdemeanor on the ticked, you got ur self i a quite of a deep **** friend
State of CA is the worst state when it comes to this type of ****...
you def gotta get a lawyer... if your lawyer is good, they wont give you jail time or suspend your license... but you will pay with community service and numerous fines...
as many know i got seen doing a ***** *** peel out in front of the store and the sonofa bitch slapped a misdemeanor on my ***... I hired a lawyer fearing of losing my license... Now after spending close to 5 grand on both a lawyer and traffic fines, and doing about 20 days of caltrans 8 hours a day on a hot ******* weather almost everyday.... 2 days left!!!!!!!
i dont even know what they would do if i actually street raced... probably crucified me right there...
i was surprised they didnt take you in...
if it says misdemeanor on the ticked, you got ur self i a quite of a deep **** friend
Not to make a joke out of this, but what do you wanna bet the cop is a chevy guy?
Anyways just get a lwyer and see if you can play the whole thing out of you weren't racing, how could you have been if someone else didn't get a ticket for racing, you obviously can't race yourself.
Anyways just get a lwyer and see if you can play the whole thing out of you weren't racing, how could you have been if someone else didn't get a ticket for racing, you obviously can't race yourself.
The cop will say he was only able to pull one vehicle over at a time. Sorry but not a good defense.
03-24-2009, 01:30 PM
#63
A. Racing another vehicle or
B. Racing against a timing device.
Assuming the officer said "I saw the other car, it was a black mustang. BUT I can only pull over one car at a time." doesn;t PROVE there was another car. Just like in murder trials, there HAS to be a murder weapon linked to the defendent.
03-24-2009, 01:30 PM
#64
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im not from out that way but i would guess its going to depend largely on the judge and how you play your cards....and the comment "if he didnt get a ticket also so they cant prove i was racing" throw that out the window, dont even bring that up to the judge. your best bet IMO would be CALL A LAWYER...and get yourself a chance to speak to the judge, and when you do make it out like you are confessing but EXTREMELY sorry and when you do DOWNPLAY EVERYTHING.......ya know just be like he was next to me ..so i just got on it for a second maybe like 50 ft. at the most and let off. be like i didnt slow down because i saw the cop, i just didnt want to be going any faster and i didnt even notice to cop till he was behind me to be honest.....well anyway put it in your own words, make up some bullshit...you get the idea, just make sure you dont try and bullshit the whole thing bc judges pretty much just hear lies for a living and they will see through it. and like i said you need to opologize like no1's bussiness..............not tryin to come off as a no it all....just my 02c iv been pulled over 23 times now so.....
My advice would be to challenge the ticket. OFTEN it will make them want to skip the hearing. Even if he does come to the hearing, his sparse notes and bad memory will help the judge decide in your favor. Alot of times they will not even show up. Make sure you question the officer more directly, about how the offense was detected and verified. Find out where they were positioned when they clocked you and what type of speed measurement device, was used and if it was radar, laser or Accutrac. Most radar guns need to be recalibrated every 30-60 days, and due to ignorance, lack of funding, or laziness, they rarely are.One solid arguement is to prove that the measurment device is faulty. Verify whether this was done and documented.BUT If in your case the officer estimated your speed, then find out what the location was when he began to follow you. IF the officer does not give u this information releated to the device you can request this information by filing a motion of Discovery, and then you will get that information. Motion of Discovery is the legal notion that you are entitled to see all the evidence against you and other relevant information that the prosecutor may have that can help or hurt your case. Show up to your hearing looking clean and professional. Plead “not guilty.” A plea of “no contest” or “guilty with explanation” will do you no good. Use facts to present your case to the judge without admitting guilt. "I was only doing 55 in a 45" IS an admission of guilt. "I was traveling at a safe speed for the conditions" does NOT admit guilt. Politely and clearly explain your defense, entering evidence as necessary. In some cases (in your example) Say the charger was challenging YOU to race and sped off reaching speeds of 65+ mph while you were left behind with his racing ticket.
p.s. In some states (for sure California) you are entitled to a trial by mail. This is the best option for beating your ticket imo. You submit your claim as to why you are innocent in a letter, and the officer must do the same. Trial by mail is pure paperwork, and cops will often not bother to submit their side of the story. When this happens, you win by default. EVEN if you lose by mail, you have lost NOTHING because you can still request an in-person trial (as if your mail verdict never even happened), request traffic school, or pay your fine. Your entire case can rest on your attitude, be on your best behavior inside and outside of the courthouse. Always show respect for the court and the proceedings. Win or lose, it is always best to thank the judge.
Alot of times they will not even show up. Make sure you question the officer more directly, about how the offense was detected and verified. Find out where they were positioned when they clocked you and what type of speed measurement device, was used and if it was radar, laser or Accutrac. Most radar guns need to be recalibrated every 30-60 days, and due to ignorance, lack of funding, or laziness, they rarely are.One solid arguement is to prove that the measurment device is faulty. Verify whether this was done and documented.BUT If in your case the officer estimated your speed, then find out what the location was when he began to follow you. IF the officer does not give u this information releated to the device you can request this information by filing a motion of Discovery, and then you will get that information. Motion of Discovery is the legal notion that you are entitled to see all the evidence against you and other relevant information that the prosecutor may have that can help or hurt your case. Show up to your hearing looking clean and professional. Plead “not guilty.” A plea of “no contest” or “guilty with explanation” will do you no good. Use facts to present your case to the judge without admitting guilt. "I was only doing 55 in a 45" IS an admission of guilt. "I was traveling at a safe speed for the conditions" does NOT admit guilt. Politely and clearly explain your defense, entering evidence as necessary. In some cases (in your example) Say the charger was challenging YOU to race and sped off reaching speeds of 65+ mph while you were left behind with his racing ticket.p.s. In some states (for sure California) you are entitled to a trial by mail. This is the best option for beating your ticket imo. You submit your claim as to why you are innocent in a letter, and the officer must do the same. Trial by mail is pure paperwork, and cops will often not bother to submit their side of the story. When this happens, you win by default. EVEN if you lose by mail, you have lost NOTHING because you can still request an in-person trial (as if your mail verdict never even happened), request traffic school, or pay your fine. Your entire case can rest on your attitude, be on your best behavior inside and outside of the courthouse. Always show respect for the court and the proceedings. Win or lose, it is always best to thank the judge.
No he can't do trial by written declaration on this ticket unless he wrote it as infraction which can be fixed by the D.A.
03-24-2009, 01:35 PM
#65
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Actually it is the PERFECT defense. As you mentioned, the DA handles it. It isn't your "basic" speeding infraction. The prosecution needs to prove beyond a shadow of a doubt that you were:
A. Racing another vehicle or
B. Racing against a timing device.
Assuming the officer said "I saw the other car, it was a black mustang. BUT I can only pull over one car at a time." doesn;t PROVE there was another car. Just like in murder trials, there HAS to be a murder weapon linked to the defendent.
A. Racing another vehicle or
B. Racing against a timing device.
Assuming the officer said "I saw the other car, it was a black mustang. BUT I can only pull over one car at a time." doesn;t PROVE there was another car. Just like in murder trials, there HAS to be a murder weapon linked to the defendent.
03-24-2009, 02:11 PM
#67
And its not a jury trial, at least mine wasn't. Mine was a judge.
And PS: The severity of the crime (ie....misdemeanor vs felony) does not change the burden of proof which the prosectution MUST supply to EARN a conviction.
03-24-2009, 04:51 PM
#69
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well today i called that guy that fixes my dads tickets his asking for 1g an they will reduce
it to a infraction ticket an will not get as much points....
i called ticket busters, they charge me 1g also to fight it, or just pay 350 an they will reduce
my fine as low as possible, he said it can be from $90- couple hundreds, an normally it would be 6 points on my license, but they will reduce that also
it to a infraction ticket an will not get as much points....
i called ticket busters, they charge me 1g also to fight it, or just pay 350 an they will reduce
my fine as low as possible, he said it can be from $90- couple hundreds, an normally it would be 6 points on my license, but they will reduce that also
03-24-2009, 04:51 PM
#70
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My advice would be to challenge the ticket. OFTEN it will make them want to skip the hearing. Even if he does come to the hearing, his sparse notes and bad memory will help the judge decide in your favor. Alot of times they will not even show up. Make sure you question the officer more directly, about how the offense was detected and verified. Find out where they were positioned when they clocked you and what type of speed measurement device, was used and if it was radar, laser or Accutrac. Most radar guns need to be recalibrated every 30-60 days, and due to ignorance, lack of funding, or laziness, they rarely are.One solid arguement is to prove that the measurment device is faulty. Verify whether this was done and documented.BUT If in your case the officer estimated your speed, then find out what the location was when he began to follow you. IF the officer does not give u this information releated to the device you can request this information by filing a motion of Discovery, and then you will get that information. Motion of Discovery is the legal notion that you are entitled to see all the evidence against you and other relevant information that the prosecutor may have that can help or hurt your case. Show up to your hearing looking clean and professional. Plead “not guilty.” A plea of “no contest” or “guilty with explanation” will do you no good. Use facts to present your case to the judge without admitting guilt. "I was only doing 55 in a 45" IS an admission of guilt. "I was traveling at a safe speed for the conditions" does NOT admit guilt. Politely and clearly explain your defense, entering evidence as necessary. In some cases (in your example) Say the charger was challenging YOU to race and sped off reaching speeds of 65+ mph while you were left behind with his racing ticket.
p.s. In some states (for sure California) you are entitled to a trial by mail. This is the best option for beating your ticket imo. You submit your claim as to why you are innocent in a letter, and the officer must do the same. Trial by mail is pure paperwork, and cops will often not bother to submit their side of the story. When this happens, you win by default. EVEN if you lose by mail, you have lost NOTHING because you can still request an in-person trial (as if your mail verdict never even happened), request traffic school, or pay your fine. Your entire case can rest on your attitude, be on your best behavior inside and outside of the courthouse. Always show respect for the court and the proceedings. Win or lose, it is always best to thank the judge.
Alot of times they will not even show up. Make sure you question the officer more directly, about how the offense was detected and verified. Find out where they were positioned when they clocked you and what type of speed measurement device, was used and if it was radar, laser or Accutrac. Most radar guns need to be recalibrated every 30-60 days, and due to ignorance, lack of funding, or laziness, they rarely are.One solid arguement is to prove that the measurment device is faulty. Verify whether this was done and documented.BUT If in your case the officer estimated your speed, then find out what the location was when he began to follow you. IF the officer does not give u this information releated to the device you can request this information by filing a motion of Discovery, and then you will get that information. Motion of Discovery is the legal notion that you are entitled to see all the evidence against you and other relevant information that the prosecutor may have that can help or hurt your case. Show up to your hearing looking clean and professional. Plead “not guilty.” A plea of “no contest” or “guilty with explanation” will do you no good. Use facts to present your case to the judge without admitting guilt. "I was only doing 55 in a 45" IS an admission of guilt. "I was traveling at a safe speed for the conditions" does NOT admit guilt. Politely and clearly explain your defense, entering evidence as necessary. In some cases (in your example) Say the charger was challenging YOU to race and sped off reaching speeds of 65+ mph while you were left behind with his racing ticket.p.s. In some states (for sure California) you are entitled to a trial by mail. This is the best option for beating your ticket imo. You submit your claim as to why you are innocent in a letter, and the officer must do the same. Trial by mail is pure paperwork, and cops will often not bother to submit their side of the story. When this happens, you win by default. EVEN if you lose by mail, you have lost NOTHING because you can still request an in-person trial (as if your mail verdict never even happened), request traffic school, or pay your fine. Your entire case can rest on your attitude, be on your best behavior inside and outside of the courthouse. Always show respect for the court and the proceedings. Win or lose, it is always best to thank the judge.
sounds like some good advice..
03-24-2009, 05:26 PM
#71
well today i called that guy that fixes my dads tickets his asking for 1g an they will reduce
it to a infraction ticket an will not get as much points....
i called ticket busters, they charge me 1g also to fight it, or just pay 350 an they will reduce
my fine as low as possible, he said it can be from $90- couple hundreds, an normally it would be 6 points on my license, but they will reduce that also
it to a infraction ticket an will not get as much points....
i called ticket busters, they charge me 1g also to fight it, or just pay 350 an they will reduce
my fine as low as possible, he said it can be from $90- couple hundreds, an normally it would be 6 points on my license, but they will reduce that also
03-24-2009, 07:07 PM
#77
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good luck bro. i got pulled over once for racing. the motorcycle cop called me stupid.... idiot... moron...etc... but in the end let me go with a warning . said he was looking for drunk drivers and wasnt in the mood for street racing. and not to pull that ''****" anymore.! and the other guy did get caught because they have radios and can describe the other car to nearby squad cars. i saw him pulled over 3 blocks down. i took it as a sign i havent raced since.
03-24-2009, 08:28 PM
#79
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ive been caught i raced a honda my car broke off the line and broke some other **** while getting chased 
i was on 7 cylenders and i didnt know and my trans broke while passing the 8the mile
http://www.youtube.com/watch?v=QtSl0Y2-gfk
i was on 7 cylenders and i didnt know and my trans broke while passing the 8the mile
http://www.youtube.com/watch?v=QtSl0Y2-gfk
03-24-2009, 10:38 PM
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Do you speak from experience? I do. I'm not sure about other counties but mine is a HUGE anti-street racing county and I WENT TO TRIAL FOR A SPEED contest. I am not making up a defense I "think" would work. I've been in court and seen it work.
And its not a jury trial, at least mine wasn't. Mine was a judge.
And PS: The severity of the crime (ie....misdemeanor vs felony) does not change the burden of proof which the prosectution MUST supply to EARN a conviction.
And its not a jury trial, at least mine wasn't. Mine was a judge.
And PS: The severity of the crime (ie....misdemeanor vs felony) does not change the burden of proof which the prosectution MUST supply to EARN a conviction.
You have to defend yourself against their allegations and be convincing.