hakalakala
New Member
I got a ticket for speed racing(Oregon) just the other night. Me(18yo) and a good family friend(36yo) were driving next to each other on a highway on the way home. The speed limit here is 55mph and we were traveling at about 40mph at the time and were right next to each other. We were definitely not racing each other but there happened to be a slight acceleration by both of us. That being said, we went from 40mph to 50mph and then resumed cruising at 55mph. The LEO flicked his lights on just after that and wrote both of us a ticket for Speed Racing (811.125). I was speaking to the officer and he was in agreement that we were traveling at 40mph initially, and never broke the speed limit at any point. One of the reasons he said he thought we were racing was because "of the smell of our cars." He quoted and read to me subpart (g), which has to do with drag racing. On the ticket he simply wrote "811.125." This law is just so open to interpretation cops could write a ticket to ANYBODY accelerating at any point. That's what I didn't like about it.
A few nights had passed and I come to find out that lady that I know happened to be driving behind us when the cop flicked his lights on. She told me that the cop was *behind her* driving on the highway. This started me questioning what the cop actually saw. She said that she was the car directly behind us and that when he pulled us over she could not imagine WHY, because she didn't see anything wrong happening. I am wondering if I can possibly fight this ticket and win, because now I have a witness that saw everything take place.
As for the cop stating that the "smell" is something that tipped him off, if he was indeed behind another car, then he could've very well been smelling that car, not ours. I'm not sure if that is anything able to be used, but I'm just looking for anything at this point.
On my ticket the cop checked the box that said "Driver not reg. owner" even though I am the only registered owner, and that I have brown hair and brown eyes even though I am blonde and have blue eyes and it clearly states that on my license. Maybe I could argue poor judgement on the cops part?
Also, the cop, as he handed me the ticket, said "Yeah, I know this is kind of screwed up." So even the cop knows it's kind of a BS ticket.
My question is.. Is it worth fighting it?
Thank you all for your help
A few nights had passed and I come to find out that lady that I know happened to be driving behind us when the cop flicked his lights on. She told me that the cop was *behind her* driving on the highway. This started me questioning what the cop actually saw. She said that she was the car directly behind us and that when he pulled us over she could not imagine WHY, because she didn't see anything wrong happening. I am wondering if I can possibly fight this ticket and win, because now I have a witness that saw everything take place.
As for the cop stating that the "smell" is something that tipped him off, if he was indeed behind another car, then he could've very well been smelling that car, not ours. I'm not sure if that is anything able to be used, but I'm just looking for anything at this point.
On my ticket the cop checked the box that said "Driver not reg. owner" even though I am the only registered owner, and that I have brown hair and brown eyes even though I am blonde and have blue eyes and it clearly states that on my license. Maybe I could argue poor judgement on the cops part?
Also, the cop, as he handed me the ticket, said "Yeah, I know this is kind of screwed up." So even the cop knows it's kind of a BS ticket.
My question is.. Is it worth fighting it?
Thank you all for your help