Should I/Can I Fight This? (Speed Racing)

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
 
You are an adult.
Adults can do whatever it is they wish to do.
You, as are all adults, are free to contest any traffic citation.
Fewer than two percent (some say fewer than ten percent, let's agree its a very small minority) who do contest citations are successful.
Good luck.
 
It is always worth fighting a ticket for racing on the highway. They usually carry both a criminal record and possible jail time. If you have the least amount of ambiguity, a lawyer specializing in traffic can usually improve the outcome significantly.
 
Agree with talking to a traffic law attorney - he/she should get you the best outcome possible.
 
Thank you for all the responses. In this case, I went into the courthouse and they offered to cut my ticket down to $220 if I just plead guilty. I honestly don't think the ticket is right, so I will be fighting it(what's the worst that could happen, a $435 fine and it goes on the record). Does anyone know of any good traffic lawyers in the my area(I live south of Portland)?

Thank you
 
Thank you for all the responses. In this case, I went into the courthouse and they offered to cut my ticket down to $220 if I just plead guilty. I honestly don't think the ticket is right, so I will be fighting it(what's the worst that could happen, a $435 fine and it goes on the record). Does anyone know of any good traffic lawyers in the my area(I live south of Portland)?

Thank you

Google "traffic law attorneys YOUR CITY OR" and see what Google shows you.
 
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