Better to plead guilty or not guilty?

[TomB]

Ok so I just got a misdemeanor that I honestly know I am not guilty of, I just want to know the best approach in court.

I was driving in eureka county in California in my 2000 mustang V6. while aproaching a stop sign on a 1 way street another 1990 5.0 mustang pulls up by the side of me an peels out. He then cuts in front of me as I go through the stop sign (I do not peel out or take off recklessly) he cuts me off. This pisses me off. So my first thought were to get back infront of this guy. So we both pull up at the stop light ahead side by side and I don't look over or rev my engine or any other signs to instigate a race. As the light goes green the other mustang peels out an then stops because he notices the cop. I take off from the light without peeling out or highly reving my engine, but fast enough to get back infront of the guy an the cop pulls me over. As soon as I stop he tells me to follow him to catch the other guy. So me feeling inicent I follow the cop. We get to the guy an the cop gives me a citation for engaging in a speed contest. He also tells me to explain myself in court because he could not tell what my intentions were. When the cop writes my citation he notes down that I was driving 40mph when I was pulled over, which was the speed limit.

My intentions were not to race this idiot but to regain my position infront of him because I felt he was harrassing me by peeling out by the side of me an cutting me off.

I have a court date set an plan on pleading not guilty. I am unsure on how the case will go, but I do not want it on my record as engaging in a speed to contest because I am working toward my associates degree in administration of justice to become california highway patrol.

There is no hard evidence to show I was attempting to race this guy and my intentions were honest in that I was only trying to get back infront of the guy. I realize now I should have just let the asshole in the 1990 mustang just go.

Any advice?

 

[CdwJava]

I was driving in eureka county in California in my 2000 mustang V6.

There is no Eureka County in California. If you were outside of Eureka, you were in Humboldt County.

I take off from the light without peeling out or highly reving my engine, but fast enough to get back infront of the guy an the cop pulls me over. As soon as I stop he tells me to follow him to catch the other guy. So me feeling inicent I follow the cop. We get to the guy an the cop gives me a citation for engaging in a speed contest.

Under the definition of "speed contest", you DID engage in one. Peeling out or "highly reving [sic]" your engine are not required elements of the offense, engaging in any incident of competing against another vehicle (such as getting back at a driver by tearing out and pulling in front of him IS sufficient).

He also tells me to explain myself in court because he could not tell what my intentions were. When the cop writes my citation he notes down that I was driving 40mph when I was pulled over, which was the speed limit.

In other words, he was saying that you might be able to talk your way out of it at court.

My intentions were not to race this idiot but to regain my position infront of him because I felt he was harrassing me by peeling out by the side of me an cutting me off.

Can you say, "Road Rage"? If you articulate that at trial, you will be found guilty of the offense.

I have a court date set an plan on pleading not guilty. I am unsure on how the case will go, but I do not want it on my record as engaging in a speed to contest because I am working toward my associates degree in administration of justice to become california highway patrol.

Then you need to learn to just let things go and to control your ego and your temper. It sounds like you are not quite mature enough to get into the career if you are so easily goaded into action by some other idiot.


- Carl

 

[TomB]

Thanks for the reply carl, the only thing that was slightly misunderstood in you response is that I was not the one who peeled out an cut the guy off, the other guy did that to me. I never peeled out or broke a speed limit. I am going to court to say that I was trying to get out of the guys path because he was harrassing me.
Does this change where I will stand in court?

 

[CdwJava]

Thanks for the reply carl, the only thing that was slightly misunderstood in you response is that I was not the one who peeled out an cut the guy off, the other guy did that to me. I never peeled out or broke a speed limit. I am going to court to say that I was trying to get out of the guys path because he was harrassing me.
Does this change where I will stand in court?

I understood. Hence the reason I stated that peeling out and revving the motor are not required elements of 23109.

Here is what you wrote:

"I take off from the light without peeling out or highly reving my engine, but fast enough to get back infront of the guy "​

This is sufficient to show the elements of the offense under the right circumstances. if you stepped off the line, so to speak, and cut in front of the guy as you both accelerated, then I'd say the state's case is good. If not, then. It's going to come down to what the officer testifies to, and what you testify to. The judge may ask you WHY you cut in front of the other guy. If you tell the truth, your goose is cooked. You can always lie and make yourself sound perfectly innocent, but one day when the CHP hooks you up to a polygraph during the pre-employment background, you might be toasted for the lie. Or, you can respectfully decline to answer the question ... the judge might take that as an admission of guilt, however.

You MIGHT consider hiring an attorney to help with the issue if you really need to avoid the conviction.

- Carl

 

[TomB]

My intentions were to get back infront of the guy after leaving the light. I did not how ever get into his lane because the cop had put his lights on. There is truth to me getting away from this guy an he was harrassing me. Which is wat I told the officer, but my intention of doing this was to get back infront of him (not a smart way of avoiding someone).