Need Help "Speed Racing" Ticket (oregon)....
#1
Need Help "Speed Racing" Ticket (oregon)....
So heres the deal, since its raining today and hasnt in a while our roads are slick. I left work and my Rx7 was more or less all over the place just driving normal. So Its 9 o'clock on a sunday night (most things are closed) so I pull into a Huge empty parking lot to see if its a power issue thats making my tires loose grip or if its a tire issue (as in not enough tred, or just the fact they are sport tires not ment for rain). Well im litteraly going 18mph turn the wheel hard and only do a 180, in this huge empty lot next thing I know there are the flashers and a cop pulls me over. He wrote me a $430 ticket for "Speed Racing" and put it under violation 811.125.
So I have a few questions... Can you get a ticket in a parking lot? How the hell is that "Speed Racing"? And last how can I get out of it?
Here is what is listed under Oregon Law 811.125 any input would help!
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]
So I have a few questions... Can you get a ticket in a parking lot? How the hell is that "Speed Racing"? And last how can I get out of it?
Here is what is listed under Oregon Law 811.125 any input would help!
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]
#2
That sucks, hope it turns out all right.
I'm not too familiar with Oregon law (or any law for that matter) but I know that if it is a private lot the cops can't do anything unless the owner complains. You also might be able to argue that you were trying to ensure that your vehicle is in safe condition for public roads or something like that. Definitely try to fight it, though, since there is a decent chance that the cop won't even show up in court and that will be the end of that.
I'm not too familiar with Oregon law (or any law for that matter) but I know that if it is a private lot the cops can't do anything unless the owner complains. You also might be able to argue that you were trying to ensure that your vehicle is in safe condition for public roads or something like that. Definitely try to fight it, though, since there is a decent chance that the cop won't even show up in court and that will be the end of that.
#4
Well there is a highway enterance a few blocks up, but i came from the opposite direction. But I still dont understand how thats classified as Speed Racing.....
#5
Not only that but racing requires two cars. So, you were on private property where at best they could get your for trespassing and alone so there is no question of "racing". Sounds like a good one to fight.
#6
FD pro licensed driver
iTrader: (3)
Joined: Feb 2006
Posts: 2,897
Likes: 2
From: Renton/Bellevue/Seattle WA
You will be able to get out of that ticket no problem. If you trust yourself to keep your cool, fight it yourself. If you want to get out of it for SURE, hire a $250 auto specialty lawyer, and he will get you off 100%. Trust me on this one.
#7
I would take a picture or two of the parking lot and ask in what way is this a highway? Find anything the cop did wrong or took down wrong. That is pretty much what I did to fight a ticket I got. Most of all be calm and cool so you can say what you gotta say otherwise they won't care. Good luck man!
Trending Topics
#8
is applicable on any premises open to the public.
racing is the use of one or more vehicles
Don't try to use the wording of the statute, you wont get any where with that.
However, do hire an attorney, and get it dropped. It sounds like you were trying to be responsible, and that's the crux of the issue.
#9
Got a speed racing ticket just for driving my car, didnt even do any of the sorts that the statute claims but still lost the case, your lucky he didnt tow your car like he did mine. was it a portland cop? you need to get an attorney otherwise you have already lost, i pleaded my case to the judge and the judge still found me guilty even though the cop couldnt prove it, and i even proved him wrong and i still lost. I got fucked hopefullly you wont. good luck.
#10
"Exhibition of speed" is one of the most common tickets ever written. Spin the tires at a light? Exhibition of speed. Sitting at a stoplight revving your engine at someone waiting next to you at the light? They rev back? Exhibition of speed. Handbrake turn? Exhibition of speed. Lock up the brakes to see how far the car will slide? Exhibition of speed.
Don't be figuring it will be easy to get out of. This isn't a real "innocent until proven guilty" fair exercise of American justice. It is a "preponderance of guilt" case, meaning A) more likely you did it than not, and B) why would the officer give you a ticket for no reason. Your only real way out is to take the advice of the poster above and get a really good traffic attorney who regualrly makes things like this go away. Believe me, the money you spend on the attorney will be much less than this could hurt you on your record and your insurance.
Don't be figuring it will be easy to get out of. This isn't a real "innocent until proven guilty" fair exercise of American justice. It is a "preponderance of guilt" case, meaning A) more likely you did it than not, and B) why would the officer give you a ticket for no reason. Your only real way out is to take the advice of the poster above and get a really good traffic attorney who regualrly makes things like this go away. Believe me, the money you spend on the attorney will be much less than this could hurt you on your record and your insurance.
#12
cant get pulled over on private property let alone get a ticket. they can however tow ur car off the private property and then give u a ticket but dont belive u were in violation of any street racing **** or exhibition of speed. if the cop was smart he'd of given u a trespassing and a careless driving but lucky for u he is an idiot! good luck man im pullin for u cuz thats B.S!
#13
It ended up costing me nearly $400 but I got the ticket droped... Had to hire a lawyer, go to some classes and what not. But all said and done it cost me $400 (+ missing work) to get this ticket "droped".
Thread
Thread Starter
Forum
Replies
Last Post