suspended license?

[tew photy]

k first week i had my license i got a ticket doing 75 on I-880, which i took traffic school for, so i erased the point. then a year later i got into an accident that got a point on my record. just recently, a friend and i were coming back from a meet, i was in my 240 and he was in his rav-4. jokingly, at a red light (corner of Fremont and Decoto in Fremont...yea i know the cops there are strict) he says...oh i bet my cars hella faster than yours. so i laugh and take off on him pretty quick, maybe dropped it from 1.5k rpms. we "raced" up to 40 and then i was starting to cruise, and i see a cop come on me and pull me over. he calls backup, then a tow truck comes. :-/ so he gets me out of the car, tells me i was drag racing, impounds the car, says hes taking me to jail. turns out that he lets me off cuz i was being straight up with him. i'm only 17, so my dad is the registered owner, so we have it out of impound. however, the speed limit is 40, and my lawyer said that it can't be a speed contest unless you are exceeding the speed limit. he may be wrong, but do any of you guys know otherwise? my court date is for 6/24, and i'm going to take traffic school just to show the court that i'm a changed guy. so, any of you guys been in this similar situation? have any tips to get the most leniant punishment? any help is appreciated...hell of a drag race huh...

[nightwalker]

what may get you is HOW you got up to 40 mph. If the cop proves that you were excessively accelerating or dangerously doing something, then you might be assed out. But if doesn't say that you can't BRISKLY get up to the posted speed limit. Make sure you have a good lawyer. I've been in court too many times, just get a good lawyer.

[holisticbeatz]

That's still exhibition of speed. If you bone-out at a red light and jam through your gears (even though you're still under the posted speed limit) it could still be considered "racing." And the cops have every right to tow your car and write you up.

As far as leniant punishment goes, that probably won't happen. Cops and judges are sick of street racing. They've seen way too many cases involving accidents and shiEt, so you can expect the worst. The DA (district attorney) will pursue the case, so I advise you to get a good lawyer.

Let this be a lesson to you. Anytime someone talks shiEt about being faster, let them have it. Cause it ain't worth it. Take it to the track or at least, somewhere far away from city streets.

[FastBack 240]

My friend in his Integra Type R was pulled over for the same thing. He told him it was considerd wreckless driving and also street racing. The cop then proceded to tell him then not to do it again and let him off.

[idlafie]

k first week i had my license i got a ticket doing 75 on I-880, which i took traffic school for, so i erased the point. then a year later i got into an accident that got a point on my record. just recently, a friend and i were coming back from a meet, i was in my 240 and he was in his rav-4. jokingly, at a red light (corner of Fremont and Decoto in Fremont...yea i know the cops there are strict) he says...oh i bet my cars hella faster than yours. so i laugh and take off on him pretty quick, maybe dropped it from 1.5k rpms. we "raced" up to 40 and then i was starting to cruise, and i see a cop come on me and pull me over. he calls backup, then a tow truck comes. :-/ so he gets me out of the car, tells me i was drag racing, impounds the car, says hes taking me to jail. turns out that he lets me off cuz i was being straight up with him. i'm only 17, so my dad is the registered owner, so we have it out of impound. however, the speed limit is 40, and my lawyer said that it can't be a speed contest unless you are exceeding the speed limit. he may be wrong, but do any of you guys know otherwise? my court date is for 6/24, and i'm going to take traffic school just to show the court that i'm a changed guy. so, any of you guys been in this similar situation? have any tips to get the most leniant punishment? any help is appreciated...hell of a drag race huh...

Tips for MOST leniant punishment?? You better PRAY TO GOD that the judge got laid the night before you go to court by his wife/girlfriend/mistress and is in a DAMNED GOOD MOOD when your case comes before him. Depending on what vehicle code the police officer wrote on your traffic citation, the judge may or may not throw the book at you. First he's gonna ask you how you want to plead, (Guilty, Not Guilty or No Contest), then he'll ask the officer for his version of what happened, then he'll hear YOUR version then make his/her decision. Naturally of course the judge is gonna use the Vehicle code that the officer listed as the violation as a guide for sentencing.
If it's Vehicle Code 23109, then you are looking at a fine, suspended licence and MAYBE jail time.
http://www.dmv.ca.gov/pubs/vctop/d11/vc23109.htm
Also, your DMV driving record will be flagged for five years from the date of offense, that you were stopped for Speed Contest. What that means to you and your father are higher auto insurance bills. And if you get caught again in that five year period for the same thing - speed contest - then the next judge will DEFINITELY throw the book at you!!
According to the vehicle code, two vehicle racing each other IS considered a speed contest...the actual speed doesn't matter...read the vehicle code again. (see link above). If two cars are observed by a police officer pulling away from a traffic light at fast or high rate of speed immediately after the light turns green, the officer CAN consider it a speed contest. It all depends on what the officer observes...two teen-age drivers, a sporty car, squealing tires, vehicle engines shifting very fast, etc. Your lawyer better pray the judge is in a good mood!!
As for the vehicle impound, California law gives the police officer the authority to impound your dad's car cuz you decided to goof around with your friend.
http://www.dmv.ca.gov/pubs/vctop/d11/vc23109_2.htm
If the cop really wanted to be an asshole, he could have cited you for being a reckless driver.
http://www.dmv.ca.gov/pubs/vctop/d11/vc23103.htm
If you took the time to read the California Vehicle Code, you'll find that a cop can write you a citation for practically anything if he wanted to. It's the judge's job to ascertain if it's true or not. Sadly most judges don't give a shit & don't want to hear your sob story...all they want to do is get all the paperwork that comes with each case off their desk. Your best bet is, is to talk to your dad's attorney & see what legal "mumbo-jumbo" he can pull to get your ass out of the mess you created.
You might want to ask your attorney about bringing your dad to court that day you have to appear before the judge cuz of your age. A clean-cut hair cut, a cleanly shaven face, a nice shirt & tie , sports coat/blazer/suit and an "I'm sorry I goofed up - I'll NEVER do it again" look on your face might help you, but like I said, it all depends on what mood the judge is in that day.
Good luck....you're gonna need it!!!
ID
::spank: :spank: :spank:

[Pudula]

Just prolong the meeting with the prosecutor as long as possible, he'll then schedule another meeting and so on. eventually you'll get plea bargain for a regualr speeding ticket. This happened to when i was driving my old integra - you should be fine. I was in AZ though - i did get the exhibition of speed, but got it knocked down

Ryan

[old_s13]

i had the same thing happen to me once, i boned out on a bunch of punk kids.. luckily, the cop let me go and wrote me up for front license plate. i was lucky, he said he was going to impound my car and give me a exhibition of speed ticket... MAJOR BUMMER. Luckily he felt like slapping me on the wrist rather than plugging my ass with his billy club.

So, I would say go to court and hope he doesnt show. Its the best option at this point. If he DOES show, plead guilty and well..

- Mike

[thx247]

What court are you going to?

What you should focus on right now is finding a competitent lawyer. What idlafie is slightly true, your driving record will not be flagged for 5 years though, it comes off the DMV record in 3 years from the date of the offense. The county where the court is located will know about your previous offense for the next 5 years though, so you should take great pains to not get in trouble in that county again.
County's can still talk to each other though but its not an immediate guarentee that you've violated your court probation if you get busted in another county.

The biggest thing behind the lawyer is not only familiarity with the law, but with the judges on the bench, and the DA's prosecuting you. Anything that can play in your favor here is critical, because you're basically going to have to persuade the judge to let you off easy. It helps alot that you are still a minor.

Find a lawyer, hire him/her. Its hard to say what a good lawyer is and what a bad lawyer is, your case while you find it serious, is pretty small in the scale of things. I think a decent lawyer should charge you between 1-2k for this particular case, 2k being quite high.


* going to court in hopes the officer doesn't show is silly. He's going to show, and if he can't? The court will reschedule. Or the DA will just continue prosecution based off of the officers written report. *

[MakotoS13]

i have a street racing charge coming up soon, also. the cop said i was racing a POS civic in my cougar. no, officer, that's called PASSING someone.

i'm tired of people gettin slammed with racing when they were only (at worst) speeding. i'm gonna tell the judge "yes, i may have been speeding but i was not racing" which is all you can do...

[HyperTek]

i have a street racing charge coming up soon, also. the cop said i was racing a POS civic in my cougar. no, officer, that's called PASSING someone.

i'm tired of people gettin slammed with racing when they were only (at worst) speeding. i'm gonna tell the judge "yes, i may have been speeding but i was not racing" which is all you can do...

My fear is when I follow a friend or something and he decides to speed and I have to speed to stay up, i can just imagine a cop pulling me over for racing.