Exhibition of Speed - advice sought

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matt007

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Sorry this is quite long, I've tried to put in all the information, its a simple, short lived incident but I put in all the important details to try get the best advice from the board as possible. Many thanks in advance for your help.

:confused:

Had taken car to large abandoned piece or tarmac/asphalt, opposite side of tracks, out of town. Appears to be either private or city property, some piles of dirt and a few large digging type truck machines at edges. Probably about ¼ mile by 1/8 mile in size.

Had been showing finance cars stability, few sharp turns and slaloms, on return run (had been there maybe 1-2 min) saw a white truck driving parallel to area. Assumed it was a security truck. Made decision that I was just going to drive off and avoid any security guard/rent-a-cop confrontation. Only 1 entrance/exit – he was driving from that direction, No distinguishing marketing, he turned on a flashing light, it was white. We both continued towards each other slowly, at last min I drove around him and drove out of car park. My finance had said several times she thought I should stop. It wasn't until I drove past him I could make out the logo on his side – Park/Country ranger/parks logo (clearly official). There were no markings on his front, the light he flashed was white. When I returned to the roadway, I went over the tracks and down onto the 'main' road (actually on the city grid) I stopped at earliest convenience – all of this about 200-300 ft from the entrance to the tarmac/asphalt area.

Truck came down over the tracks, pulled up behind me, turn out it was a park patrol/park trooper. I apologized, said I thought he was a security guard. He took my papers, license etc.

Then a cop car turned up, then another, then a paddy wagon – the last 2 drove away pretty quick, the cop seemed to consult with the park patrol guy.

Seems they have the same power?

He cited me with "Exhibition of Speed", he said he might have just given me a warning but I pissed him off when I drove around him and off the asphalt area. Officer noted that area was 'parking lot' – It isn't, to my knowledge. I plan to check a sign near the area which I believe states its use. Its not perfectly flat, there are no white lines, there is marginal gravel/dirt scattered around its surface.

He hardly saw me at all, if at all doing any maneuvers. He said he saw me "almost, but not quite, almost fish tailing"

The area was off the road, away from any people and I wasn't even pushing the car that hard, especially when he saw me.

I have a court date. They (him and the cop) said that it would most likely be a fine and traffic school. After looking into the "Exhibition of speed" 23109(c) I am concerned that "max 90 days jail time" exists. He said he wasn't going to give me reckless driving. That if he had done so that would have meant points. He said the Exhibition of speed would not get me points.

I have a clean license.

I want to know if I should fight it, I heard the fine can be $1500+. What's the worst that can happen if I fight it? Will loosing after fighting it get me the same as pleading no-contest and (if possible) avoiding going into court? Do I have to go to court? I think I do as it's a 'misdemeanor". Will pleading no-contest and not going to court (if possible) bring me a lesser fine/punishment?

Should I get a lawyer? Is it worth it?

Is the place I did that considered a highway? Does it matter if it's a parking lot or not (officially), does it matter if its private property? Is the fact I drove away (easily considered 'sped away') all he needs to get me on this? I kick myself as if it was clearly an official I'd have stopped then and there… Can they apply the fact I drove onto a road, and pulled over within a few hundred feet as the fact some of the 'incident' occurred on the highway? Is a surface street a highway?

Any advice much appreciated.

I feel really frustrated because isn't the law meant to protect? I would never do what I did on a road/highway – near other people/property.
 
More/simple detail/layout of story, any thoughts yet?

1. Entered vacant lot. Intent: to SAFELY test drive my car in a vacant lot far away from people and traffic.
2. Lot details: Approx. ¼ x ¼ mile square. Asphalt covered. Dirt/Construction vehicles on perhipery.
3. Drove down & back up lot.
4. On return trip saw white truck driving parellel to lot. Initialy no flashing lights. No distinguisable markings from distance.
5. White truck entered lot, moving in suspicious manner.
6. Drove towards truck, truck heading straight towards my car.
7. I became nervous, and for fear of my personal safety fled the area.
8. Only as I passed the truck did I recognized the car to be a park rangers, at which time, I immediately pulled over (when safe – within 200-300 ft) and turned off my car.
9. Officer <Name removed to protect Officers identy> asked for liscence, registration, insurance. I provided.
10. Officer <Name removed> asked if car was new, I replied that it was a few months old.
11. I explained that I was trying to SAFLEY test drive my car in a vacant lot far away from people and traffic.
12. I explained why I initialy fled, and how I stoped when I realised it was an official.
13. Another police car turned up.
14. Officer asked for my papers or if the other officer had them. I directed him to the other officer.
15. Transient/BUM spoted next to my car. Officers told him to leave. Transient continued to hang around chanting about abortion and fundemental christian beliefes. I had never seen this man before in my life. I did not interact with him. He wandered away after a short while.
16. Another police car and paddy wagon turned up and promptly left.
17. Officer <Name removed> returned. He gave me the ticket to sign. I pointed out that my name was incorrect. He thanks me and took the ticket back.
18. Officer <Name removed> noticed that he had left the address off the ticket. He corrected this.
19. Officer <Name removed> explained the ticket. He said he would have given my reckless driving if I hadn't stopped.
20. I asked Officer <Name removed> to explain the ticket details.
21. Officer <Name removed> and the other Officer explained that Exhibition of Speed was a lesser charge that even if guilty for what I did the most would be a fine and traffic school.
22. Being a safe driver with a clean record both in the USA and the UK with no traffic offences or accidents that I have never been through this process and double checked details.
23. Officer <Name removed> said that I had "pissed him off " by driving away from him.
24. I explained that I stopped as soon as I realised the truck was an official vehicle.
25. I asked what I had been doing wrong. Officer <Name removed> said "you were almost, not quite, but almost fish tailing."
26. I asked if I could take my fiance up there to learn how to drive a stick. Officer <Name removed> said that would be fine.
27. We parted ways.
 
Don't fight it

Hi,

They just want you to pay a fine. The maximum is for extreme cases. You were not hurting anyone. When you get to court they will simply asses a small fine if you plead guilty. They want you in and out of there.

Also if you are searching out lawyers on the internet it will only scare you. The lawyers want your business so they will make it look like there will be severe consequences if you are convicted. Check out my post for 81 in a 50 on GW parkway. A lawyer quoted me 1500 dollars to defend me against reckless driving and speeding. I went myself and plead quilty and received a 150 dollar fine and no reckless. The guy next to me had the same 81 in a 50 and got the same 150 dollar fine after paying 600 dollars for a lawyer. The reason they put excessive speed is they did not know how fast you were going. Tell them the truth that you went to a secluded area to test your car out. They would rather here you did that instead of testing it out on the highway.
Take Care
 
Thanks for your thoughts...

Problem with EXHIBTION OF SPEED 23109c is that it is a misdemenour and pleading guilty will get a criminal record for me.

I will not risk this and refuse to be branded a criminal for what happened that day.... :(

The lady on the phone at the court assured me that a similar story to yours would unfold - a lesser charge/fine. But it just takesa bad day for the DA, Judge or for me to stumble with 1 thing I say for them to give me Exhibition of Speed as a guilty verdict, no matter what the fine, the record will ensue...

To me an attorney will be insurance for me - it will protect my insurance premiums too... but mainly it will teach the ranger & cop a lesson about abusing their power.

I would have happily come to a agreement on an infraction and a fine, just to hush the situation. But as David Brown says in "How to fight your ticket and win", people shouldn't give in on this, whilst people do the government sees it as a valid source of funds (a stealth tax). I wasn't putting anyone in danger, am not guilty of any crime, was even super polite, and shouldn't be judged as a criminal.
 
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