23109(a) speed contest misdemeanor

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Old 01-02-2012, 01:52 PM
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Originally Posted by Jodice112
I've done 10mph in a 5mph zone
LMAO!

My driveway speed limit is 5mph, and I usually do around 10mph to 15mph, myself.
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Old 01-02-2012, 02:07 PM
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the year was only 36 hours young!
+1!!
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Old 01-02-2012, 02:29 PM
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Lets get pho shizzling in this thread! Trollnificientt!!
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Old 01-02-2012, 02:53 PM
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Originally Posted by Overbear
Op...

Sell your car, you are giving us all a bad name you punk ****. You are lucky it was not me that pulled you over (if I was an officer) I would have run your worthless punk *** in for reckless endangerment, impounded your car, and made damn sure you had the book thrown at you.

70 in a 35, ****...you deserve to have your head bashed in with a tire iron you ****ing snot nosed ****.

Now...act like a man, take the punishment, plead guilty and accept the consquenecs of your actions.
Since you mass of *******s have already derailed the thread and thoroughly reamed the OP, i don't feel bad ranting here.

You're right, Overbear, YOU would know exactly how an officer of the law should act in this given situation. After all, you were there to witness the event and of course i'm sure you have the training, experience, and a duty to serve and protect. I'm curious if you were born this dumb or if you had to work at it? What the hell is the point of going to i-club (a subaru and motorsports oriented forum) and being a pedantic little ***** about someone DRIVING FAST?

THE COP decided that he deserved a simple misdemeanor ticket for doing something wrong. Maybe he had a reason for not throwing the book at him and impounding his car? OP knows he broke the law and is going to have to pay for it. OP also has a VALID argument that he was not in violation of that cvc code.
23109. (a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device.
He was not in a competition, and therefore his ticket should reflect that he was simply traveling at a speed deemed unsafe for the conditions, which is much less detrimental in terms of insurance and legal costs/repercussions.
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Old 01-02-2012, 03:02 PM
  #80  
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Originally Posted by Gancherov

He was not in a competition, and therefore his ticket should reflect that he was simply traveling at a speed deemed unsafe for the conditions, which is much less detrimental in terms of insurance and legal costs/repercussions.
Well in the LEO's eyes seeing two vehicles doing 2x speed limit, generally will assume competition, and to the public's eyes too. Now to the defense part, there's no way the OP can prove that it was just a speeding violation at that point.

23109. (a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest.

He was definitely exceeding the limit with his friend
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Old 01-02-2012, 03:35 PM
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Originally Posted by Heedz
-LEO's eyes seeing two vehicles doing 2x speed limit, generally will assume competition,

-Now to the defense part, there's no way the OP can prove that it was just a speeding violation at that point.

-He was definitely exceeding the limit with his friend
- Since when is assuming that people are racing because they drive fast enough? OP said it's a 4-lane wide 35mph road, I bet it's probably one that people frequently are speeding on, but i'm only guessing. Assumption means nothing is all i'm getting at, and in this case it was integral to a misunderstanding and inappropriate punishment. I would like to hear what the officer would say if he were asked to explain what made him think that they were competing against each other (other than 2 cars going fast near each other).

- I agree that it would probably impossible to prove, but I would still ask for mercy in court "I would plead guilty to speeding, but I can't honestly plead guilty to racing"

- I think the second half of that law is probably for commercial transportation purposes. I believe it is irrelevant to the case. There is no doubt or denial of the speed of the two vehicles. I would argue that if neither car made any effort to pass the other or go faster than the other then there is no "speed contest" going on. I would imagine that a lack of evidence would probably lead to the judge ruling in the LEO's favor.
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Old 01-02-2012, 03:55 PM
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Originally Posted by brucelee
I dunno, when I went in to set my court date the judge said I was lucky that it wasn't a misdemeanor. *gulp*
Well, I'm glad to hear that. I mean, I'll take the high fine and points rather than misdemeanor charge. When you think of it that way, you are right, you got really lucky. Unless you have lots record already and don't care.

I could relate to this thread because I was in similar situation. I got written up for going 55 on 30 zone. But I was able to fight the charge and win (trial by declaration). I think I won because the actual posted speed limit of the road was 45, not 30. I got my fine refunded and not a single charge to be seen on my driving record. I learned my lesson and kept my driving record clean for 11yrs of driving. Not a single ticket. Keep my need for speed happy by going to track once/twice a year. Sometime it's worthy to fight to get right amount of punishment.
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Old 01-02-2012, 05:32 PM
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Is it safe to say 98% of the bay area subaru owns just say NO to street racing?
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Old 01-02-2012, 07:29 PM
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Originally Posted by old.guy
Is it safe to say 98% of the bay area subaru owns just say NO to street racing?
hahah i say no.

Funny thing the other day on Lawrence Expressway this guy with his gf in a new civic si tired to race me from a light (he did a small burnout and took off).

At the next light I pull up in lane number 3 and he is in lane 1 and i look over and him and his gf are dead staring at me like i was supposed to be impressed by him speeding off from the previous light so i just start to laugh and act like im willing to race him. (rev a little and creep forward)

mean while a corvette pulls up in the middle of us and sees that we are messing with each other and I can tell that he wants to get in on the action because he started to creep forward when the left turn light turned yellow.

Light turns green - they race each other loll
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Old 01-02-2012, 07:36 PM
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Originally Posted by Jodice112
I've done 10mph in a 5mph zone
So long as you were accelerating along side a friend whilst in the middle of a photoshoot, you should be good bro! Just need a public defender on yo side.
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Old 01-02-2012, 08:01 PM
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Originally Posted by Gancherov
Since you mass of *******s have already derailed the thread and thoroughly reamed the OP, i don't feel bad ranting here.

You're right, Overbear, YOU would know exactly how an officer of the law should act in this given situation. After all, you were there to witness the event and of course i'm sure you have the training, experience, and a duty to serve and protect. I'm curious if you were born this dumb or if you had to work at it? What the hell is the point of going to i-club (a subaru and motorsports oriented forum) and being a pedantic little ***** about someone DRIVING FAST?

THE COP decided that he deserved a simple misdemeanor ticket for doing something wrong. Maybe he had a reason for not throwing the book at him and impounding his car? OP knows he broke the law and is going to have to pay for it. OP also has a VALID argument that he was not in violation of that cvc code.

He was not in a competition, and therefore his ticket should reflect that he was simply traveling at a speed deemed unsafe for the conditions, which is much less detrimental in terms of insurance and legal costs/repercussions.
Huza, the libtard give everyone a kiss and a hug and tell them its ok croud is out now.
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Old 01-02-2012, 08:09 PM
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Where is the OP?
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Old 01-02-2012, 08:25 PM
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I need a change of thread, current one is soiled.
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Old 01-02-2012, 08:43 PM
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the judge is going to push your poop in if you say ANYTHING other than " guilty ,followed by im a moron and sorry"
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Old 01-02-2012, 09:08 PM
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Originally Posted by nation
the judge is going to push your poop in if you say ANYTHING other than " guilty ,followed by im a moron and sorry"
This.
Lets get one thing straight OP, that I think you even realize at this point. You caught a BIG break with this cop not impounding your car and taking you in. No, none of us were there and Im not going to make any further assumptions or jump on the already huge dog-pile any further,but if you want some real advice just know that If you really try to fight this in front of a judge with the cop standing there you're just going to make an *** hole out of yourself.

Pay your dues, count your blessings, learn your lesson and move on.
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