Speed racing ticket...um, no.

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Lavithan

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Okay, so tonight (around 11:30) i was driving my girlfriend home and as i was driving over an I-205 overpass i was going about 35 MPH which is the speed limit. when i got completely across the over pass i decided to gun it a LITTLE bit just to about 50-55 because there were no cars around, the streets were DEAD. then i turned onto my girlfriends road and i noticed the cop come flying behind me. so i pull over thinking, "oh shit, theres a speeding ticket". however, the cop cited me for "speed racing" ORS 811.125 for $427 and impounded my car. he even stated he had no clue how fast i was going and confirmed that there were no other cars driving within visibility....

So as my car was being towed i asked him "so, who in the hell was i racing exactly?" his response was "no one". he said that that didnt matter...

so anyways my court date is set for jan. 17, 2007. should i fight this one down, or should i just pay the 1,000$ its going to cost me after this is all done with?
 
Th eofficer was correct - specific speed and another car are not rquired.

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]

If you are lucky the court might drop it simply to speeding.

- Carl
 
So, then couldn't any speeding be considered as an "exhibition of speed or acceleration"? l dont know how they could drop to just speeding since they don't know how fast i was going. the cop just saw me going probably faster then the speed limit and didn't have his radar on and so to me, it just sounds like speed racing was his only option for screwing over some "punk kid". im pretty mad about the whole situation.
 
Q: So, then couldn't any speeding be considered as an "exhibition of speed or acceleration"?

A: No; read the statute Carl quoted.
 
(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.


okay, i was NOT outgaining, out distancing or preventing another vehicle from passing. i wasn't trrying arrive at a destination ahead of another vehicle. For the last part, there was no test of endurance over long distances...it was about 100 ft. from the time i sped up from the speed limit and the time i slowed down. I would understand a speeding ticket, but a speed racing ticket i will not put up with.

I guess im just looking for peoples' opinions. what would others do in this situation? would you fight in court, or would you want to pay the $big bucks$ its going to cost after towing fees, $ 427 fine, insurance, etc.?
 
2000 integra gsr vtec. intake, headers, cams, cat back with *silencer* exhaust. no loud "fart can". i could have been going a lot faster, and accelerated a lot quicker. i gave it about half throttle.
 
My guess? The officer heard the acceleration whine of the engine and observed a quick increase in speed - hence the citation. It is the short distance acceleration that probably made the difference. (As in: (d) An exhibition of speed or acceleration.)

Hire an attorney and hope for a simple speed violation. Better yet, ask for traffic school (if that is an option).

- Carl
 
I'd go with what CdwJava recommended -- try for traffic school and get a lawyer.

You are probably aware a highly modded vehicle screams "arrest me" in some parts of the country. Most officers have scraped the results of street racers off the road enough times you don't even want to start to look or sound like one.

Sympathy in court is unlikely and the judge could go medieval on you hearing anything other than an apology.
 
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