From today's (5-5) Herald-Tribune in Punta Gorda, this AP article by Samantha Gross.
05-05-2005, 12:44 PM
I like the idea of taking the cars away from these street racing idiots, but I think it would be difficult to distinguish between speeding and street racing in some situations. Let's say I'm cruising on the turnpike at 130 and pass a car doing 110. Is that speeding or racing? To me its speeding because I have no intention to race the other car. Yet the cop could interpret it as racing. Does anyone have a link to the actual wording of the link?
TDI 4XMotion (Lee)
05-05-2005, 01:09 PM
...and the win rested on the definition of racing in the statute (as it existed then).
I forget the specifics now, but the definition of racing I had to defend against included something like "blah, blah, blah...a contest or exhibition of speed...blah, blah, blah." I look it up again when I get home.
My client had allegedly "chirped" his tires when starting up from a stop, quick acceleration...followed by the blue light.
The problem for the client was that he didn't notice there was a cop behind him at the stop (yah, I know, but realize that I made my living off people that didn't notice).
The problem for the cop was that I convinced the judge that a "contest" or "exhibition" didn't count unless there was an "audience" and that the cop's presence didn't count. :-)
Score one for the forces of good and light (that's me, guys).
The argument was very much like the "Tree fall in the woods" question.
When a tree falls in the woods and no one is around, does it make a sound? Yes.
When a tree falls in the woods and no one is around, does it make a noise? No.
The idea of a noise is a subjective determination requiring an audience.
In much the same vein, speed is a fact (like sound), but racing (then) required something more than speed - some kind of audience. I'll have to read that statute more closely when I get home.
Man...I have a million of these stories. I should write a book.
05-05-2005, 01:33 PM
05-05-2005, 01:58 PM
You lawyers have some of the best stories to tell.
TDI 4XMotion (Lee)
05-05-2005, 02:10 PM
05-05-2005, 03:23 PM
Your ass is probably going to jail...
05-05-2005, 08:56 PM
Big ticket, but no arrest. I was suprised.
TDI 4XMotion (Lee)
05-06-2005, 04:04 AM
...on the "Officer's Discretion<sup>TM</sup>."
There are many different "factors" that can influence Officer's Discretion<sup>TM</sup> from what they had for breakfast, their current need for a bio-break, your sled, your gender/appearance, their sexual preference, your attitude, their last stop, quota (or whatever they're calling it these days), road conditions, etc.
That said...the odds you are going to jail increase with your speed.
In the case of your friend going 135MPH, he was probably lucky in that many of these "factors" lined up in his favor. He did get a big ticket, so not everything went his way...maybe if your friend were a girl with big tits or something he'd have just gotten an oral (warning, that is)...
In any event, I would recommend your friend not push his luck with a 135MPH ticket by taking it to court. No way - unless he cannot take the class AND he's going to loose his license on points or something. He should pay the fine, take the class and then put that ticket in a frame on his wall with a picture of Dirty Harry and the caption, "Do ya' feel lucky, punk?"
Mexican Audi (Shane)
05-06-2005, 07:56 PM
Case in point, offender was in an STI. I can't think of a car that screams "I LIKE TO GO FAST" more than an STI.
My dad used to work 3rd shift in a kind of slummy town. He said 9/10 when he pulled over an old impala with gold spinners, one of the thug look-a-likes would have an oustanding warrant for prior thuggery. Is it a coincidence that thugs look like thugs?
Same goes with the car you drive. Get pulled for a certain speed in your Camry, and you probably wont get the harshest ticket. Do the same in a Corvette...well you're probably getting the worst.
I guess thats why you chose a Touraeg diesel for your Lake Jessup speed trials ;-)
TDI 4XMotion (Lee)
05-07-2005, 05:12 PM
I'm not sure about how an officer would view the Touareg diesel in a traffic stop. Fortunately (knock on wood), I haven't been unlucky enough to be stopped in it...at any speed. Believe it or not, I'm usually pretty considered about my flagrant violations of the speed laws of the State of Florida.
Flagrant Speeding Rule #1: A radar detector is NOT a cloaking device from the Klingon Empire.
If I had to guess, I'd bet that the "V10" badge, radar detector, and "EET-SOOT" vanity plate combined with my "lawyerly attitude" would ensure I received the fairest possible outcome in a traffic stop.
Kidding about the attitude part...in fact, the last time I was stopped I used my "roll over" manuever and was given a warning. It was a minor issue, but this technique can work, especially @ night. The point of the technique is to demonstrate to the officer that you understand exactly how difficult their job is and that you are going to do everything in your power to keep it safe for the both of you. Often an officer will recognize the "courtesy" and let you go...of course, it still helps if you're a woman with big tits.
1. Pull over in a safe place for officer to visit with you. Bright lights...out of traffic. But don't drive too far...
2. When you stop, roll down all windows, turn on interior lights, then turn off the car.
3. Place hands on steering wheel, or outside of the driver's window in plain view of the officer as quickly as you can after stopping.
4. Do not turn around in your seat to observe officer approach your car. Do not let passengers turn around to observe the officer approach the car. In fact, tell your passengers to keep their big mouths shut unless the officer specifically addresses them. Last thing you need is a freakin' lawyer in the back seat asking the cop to see the radar gun. BTW - many officers like to approach from the passenger's side of the vehicle - safer for them from traffic and can have some "surprise" factor for drivers expecting officer to approach from the driver's side.
5. Wait for the officer's instruction to reach for your wallet/registration. When you begin moving, tell the officer exactly what you are reaching for, go slowly and do not block his light or line of vision.
The next steps vary and you have to use judgment. Sometimes it can help to ask about the violation, but only if you're really not sure. If the violation was flagrant, don't pretend or play ignorant. You don't have to admit anything, but...
Admissions are a tricky thing. Sometimes owning up to the offense can get you a warning, but realize that anything you say will usually be noted in the officer's notes for later recollection at a possible infraction hearing.
Things that DO NOT help at an infraction hearing are statements like "Hell yes I did it" or even "I don't know how fast I was going." Remember that if a judge has to choose between an officer who "knows" something and a driver who "doesn't know," the officer usually wins. Many drivers tend to say "I don't know" when they are guilty, but don't want to admit it or lie.
So...what do you do about the admission part?
I don't know. ;-)
Did i leave anything out? Any other pointers others could offer.