Need Legal Advice

[Patrick]

The other Sunday I took the Camaro out to run some errands. It was early in the morning--nice and cool. I was stopped at a light and when it turned green I took off nice and easy in 1st. As I shifted into 2nd I got on it pretty hard up to the speed limit. Next thing I know I see flashing lights in my rear view.

I pulled over and the officer came up, complemented the car and asked what I was doing. I replied "not using my head obviously". He laughed got my license, registration and insurance.

Long story short...He wrote me up for "Exhibition of Speed." He explained that it was a $141 fine and I could take a class to eliminate the points.

Yesterday, I received a summons to appear in court. The infraction that he wrote me up on is tied to racing on highways in Florida (316.191)....which is now a CRIMINAL OFFENSE in Florida-- with a MANDATORY 1 year license suspension.

I am a 40yr old professional-- not some punk street racer. I wasn't out of control or endangering anyone...

Stupid yes..Criminal no.

Has anyone faced anything like this? What was the outcome?

I met with an attorney this morning and he feels confident that it will be resolved favorably...

Thanks,
Patrick

[Jim Nilsen]

I oh so hope you have a nice city or states attorney who has a good relationship with the law firm you are using. It all makes a difference as to which firm you chose. Cheap lawyers don't always cost you less. That's what I learned years ago.

This is the biggest reason to always look before you leap. Having fun on the street these days is like diving head first into the shallow end of the pool. It is always best to make sure you do stuff like that when noone else is in site, yet doing stuff like that when noone else is in site is not always the safest thing to do because if something really bad happens there is noone there to help you.That's why I am glad we have a racetrack for autocrossing near me so when bad things accidentally happen you have the help you need. When all of the good things happen you have all of the praise too!



Good luck and I hope they get it dismissed with a fine.

[bigvegan]

Dude, if that's what counts as an "exhibition of acceleration" per the text of 316.191, and you never exceeded the speed limit, that's some SERIOUS B.S.

I hope the judge is reasonable and understands that that's not the intent of the law and throws the case out.

[rjsjea]

Take it to court w/ your attorney, it will be reduced to a violation probably. I would take that deal if offered vs losing the criminal case. A criminal driving conviction will make your insurance rates blow up!!

[WS6]

what was the speed limit? Did the tires break loose or did you just accelerate hard? You should be able to get this cleared up and not face a one year suspension

[chicane67]

First of all... were you on a highway to begin with ??

If not... 316.191 wont hold it's weight in court because it is specifically tied to street racing on a "highway." Public and rual roadways can not be 'rolled' into a law that specifically states "highway."

That would kinda be like the Highway Patrol writing you a ticket for double parking.

I dont see you having any problems getting this resolved with more than the stated fine and the point... but, do take the related 'traffic school' as it will save you in the long run. Just remember, that you can only take 'traffic school' once every eighteen months. So no more getting on it hard for another eighteen months for you it is.

[ProdigyCustoms]

I bet the cop does not even show up if it was not a organized ticket station.

[Patrick]

I bet the cop does not even show up if it was not a organized ticket station.

He'll show -- especially for this. My hopes are that the prosecutor can see that what I did does not meet the definition of racing per the statute.

[Steve68]

Patrick, one word LAWYER, get one, I will never stand up in front of a judge in Orange or Brevard counties by myself ever again with out repesentation, Remember the Judges work for the state and so do the cops, Two against one even when you have a witness like I had, NEVER think you'll get a brake or fairness through the system!

[BMF Machine]

Lawyers RULE!!!!!!

They are expensive, but I do not have any of my 12 speeding tickets on any record! One was for 95 in a 55 approx 1999, another was in 1989, I was on a 88 Nija 600. To top it off I was 16; I was going close to 120 in a 30 zone. Dad was a little angered at that one! Two cops were coming straight at me? I looked in my mirror and noticed one pretty far behind me? So I pulled over; They asked whats your hurry? I said I am late for Saturday Mass! AHHHH to be young again!

[Jim Nilsen]

He'll show -- especially for this. My hopes are that the prosecutor can see that what I did does not meet the definition of racing per the statute.

I got a ticket from a state cop and went to court and even with the best lawyer I knew of the cop was lying and insisting and never budged and the states attorney had to stand his ground. I got a fine and court supervision luckily.
I hope it wasn't a state cop !

Really though, most judges are sensible and if you weren't charged with speeding or at least one other charge to go with this like fleeing or driving in unsafe conditions like snow or rain, school zone, or some other infraction they usually reduce the charges if you plead guilty or throw it out altogether. If the judge is tired of seeing the cop going after people like this he will also throw it out.

One other helpful thing to all of us that I was told once.
Never admit to anything, just be polite and let the officer do what he is going to do. If they are going to let you go they will usually be lecturing you and looking for your reaction. Smartass comments or begging usually doesn't work, saying you are sorry for whatever you might have done without admitting to it in words sometimes is the best way.

I still hope the city attorney likes your lawyer

[The WidowMaker]

i got an exhibition of speed ticket for doing a burnout. it cost me about 10k in extra insurance over the last 7 years. same weight as a dui or accident with bodily injury. i just got it off my record last year.

If not... 316.191 wont hold it's weight in court because it is specifically tied to street racing on a "highway." Public and rual roadways can not be 'rolled' into a law that specifically states "highway."

in california, if you look up the term "highway" it applies to all roads. its just a general term and its defined somewhere in the code. may be different in other states.

what was the speed limit? Did the tires break loose or did you just accelerate hard? You should be able to get this cleared up and not face a one year suspension

the judge in my case read the definition of "exhibition" in court and stated that what i was doing was "exhibiting" the potential speed of my vehicle. i was only doing 25 in a 45 zone.

total bs and i was being as polite as possible.

Tim

[Jim Nilsen]

You could try to convince the judge that the car behind you was tailgating you and you wanted to make it a safe distance between you

[minendrews68]

What's so bad is the cop was probably just jealous he didn't have a decent ride!!!! Usually those have a chip on their shoulder anyway.

[mayhem148]

more than likely what happened is the ticket went a process in which a programmed computer decides what is to happen next. in other words the ticket went through the system and and picked it up as a street racing violation and it printed out a piece of paper with your name on it. a blonde secutary put it in an envelope and sent to the address which was you. take the ticket to the district attorney or the courthouse and explain what happened. more than likely if you have a clean record and you look professional they will let you slide. it would be wise before went and handed your lawyer a bunch of money when he is probably going to do exactly what i just told you to do and charge you for it. if the cop complimented your car and wasnt a a$$hole he wasnt lying about the price. if you werent racing they will not suspend your license. if you were not speeding they will not suspend your license. if the cop was a ***** he could have wrote you for wreckless and dangerous driving. which is the truth about what you were doing in the court of law.

[6'9"Witha69]

I did a 300-400 ft. burnout through an intersection and down the street once. I was pulled over 2 miles later as the officer had to wait for the smoke to clear before he could come after me. Wrote me up for exhibition @ 19 years old. Met an ADA, plead it down to speeding, went before the criminal judge who was clueless about traffic infractions and charged me $45. A refund of $302! A good lawyer and meeting the ADA to arrange a plea prior to court is definitely needed.

[Patrick]

Okay....so I went to court(for the initial hearing) and the prosecuting attorney agreed to reduce to wreckless driving which is still a criminal offense. We declined. He did agree that if the officer would be OK with reducing it further -- he would have no problem. Go back to court two weeks later for the hearing....my attorney contacts the P.A. as we walk in.. The ticket was reduced to Careless Driving, $200 fine, Driving School, and a plenty of attorney's fees. I am certain that we could have pushed it to trial and won, but the amount of $$ I would have to spend did not make sense.

I still think the whole ticket was load of BS....but at least it is over and I still have my license.

Patrick

[DJW32]

Did you break the tires loose? If not, then this is BS! This sucks! Damn the man!

[BA.]

Hey Patrick, glad to hear it all ended up ok for the most part, sans your lighter wallet and time.

Every now and then the Wheels of Justice need a little grease which you have now supplied.

[go-fish]

Lawyers can get you off just about anything. Sometimes it's money well spent. Glad to here you did good on it.