My son, who is 17, was pulled over the other night for "speed racing." Here is a quote from him as the events happened:
"Headed into Salem, Oregon and turned right on to Commercial St. and stopped at the light, I was behind my friend and we were sitting there and I popped the clutch a little and pushed back in real fast, chirping my tires a little bit, and then my friend in front of me did the same thing and chirped his tires. We sat at the stop light for about a half a minute and waited for it to turn green, when the light turned green we accelerated at an average speed through the light when the Officer sped up behind us and turned his lights on and pulled us both over.
The Officer came up to my window and asked for my license and registration and I told him I just got the truck and only had the transaction slip for registration. My license was in the envelope and he told me to cut it out and I took my non switch blade knife and held it up asking if it was ok to use it and he just looked at me so I started cutting and he told me to give him the knife and told me not to pull a knife on a cop especially a switch blade and I started chewing on the envelope to get it out and he took it from me and asked if it was one of those things where they mail it back to Polk County I said yes. He laughed at me and walked back to his car. I sat there for 10 to 15 minutes and he finally came back with my ticket and didn't explain what it was for. I asked about my knife and he pulled it out and put it in my bed after telling me I wasn't in Dallas, Oregon anymore and I can't be pulling knives on cops because in Salem they get knives and guns pulled on them all the time, then he told me to go home."
So my son gets home and tells me this story. I give him a long speech about obeying the law and such. Then I look up the statute and I don't believe he was "speed racing." The only thing close in the statute is (d) An exhibition of speed or acceleration. But even that doesn't seem to be what he did.
Don't get me wrong, he shouldn't have done what he did, but I don't believe he was "speed racing." We are going to plead "not guilty."
My question is, does anyone think he was "speed racing?"
Here's the statute:
(Racing)
811.125 Speed racing on highway; penalty. (1) A person commits the offense of speed racing on a highway if, on a highway in this state, the person drives a vehicle or participates in any manner in any of the following in which a vehicle is involved:
(a) A speed competition or contest.
(b) An acceleration contest.
(c) A test of physical endurance.
(d) An exhibition of speed or acceleration.
(e) The making of a speed record.
(f) A race. For purposes of this paragraph, racing is the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles or to test the physical stamina or endurance of drivers over long distance driving routes.
(g) A drag race. For purposes of this paragraph, drag racing is the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.
(2) The offense described in this section, speed racing on a highway, is a Class A traffic violation and is applicable on any premises open to the public. [1983 c.338 §568; 1985 c.16 §287]
"Headed into Salem, Oregon and turned right on to Commercial St. and stopped at the light, I was behind my friend and we were sitting there and I popped the clutch a little and pushed back in real fast, chirping my tires a little bit, and then my friend in front of me did the same thing and chirped his tires. We sat at the stop light for about a half a minute and waited for it to turn green, when the light turned green we accelerated at an average speed through the light when the Officer sped up behind us and turned his lights on and pulled us both over.
The Officer came up to my window and asked for my license and registration and I told him I just got the truck and only had the transaction slip for registration. My license was in the envelope and he told me to cut it out and I took my non switch blade knife and held it up asking if it was ok to use it and he just looked at me so I started cutting and he told me to give him the knife and told me not to pull a knife on a cop especially a switch blade and I started chewing on the envelope to get it out and he took it from me and asked if it was one of those things where they mail it back to Polk County I said yes. He laughed at me and walked back to his car. I sat there for 10 to 15 minutes and he finally came back with my ticket and didn't explain what it was for. I asked about my knife and he pulled it out and put it in my bed after telling me I wasn't in Dallas, Oregon anymore and I can't be pulling knives on cops because in Salem they get knives and guns pulled on them all the time, then he told me to go home."
So my son gets home and tells me this story. I give him a long speech about obeying the law and such. Then I look up the statute and I don't believe he was "speed racing." The only thing close in the statute is (d) An exhibition of speed or acceleration. But even that doesn't seem to be what he did.
Don't get me wrong, he shouldn't have done what he did, but I don't believe he was "speed racing." We are going to plead "not guilty."
My question is, does anyone think he was "speed racing?"
Here's the statute:
(Racing)
811.125 Speed racing on highway; penalty. (1) A person commits the offense of speed racing on a highway if, on a highway in this state, the person drives a vehicle or participates in any manner in any of the following in which a vehicle is involved:
(a) A speed competition or contest.
(b) An acceleration contest.
(c) A test of physical endurance.
(d) An exhibition of speed or acceleration.
(e) The making of a speed record.
(f) A race. For purposes of this paragraph, racing is the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles or to test the physical stamina or endurance of drivers over long distance driving routes.
(g) A drag race. For purposes of this paragraph, drag racing is the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.
(2) The offense described in this section, speed racing on a highway, is a Class A traffic violation and is applicable on any premises open to the public. [1983 c.338 §568; 1985 c.16 §287]
