Context... My statement merely indicates I believe the officer (s) had plenty of PC for the initial stop. As far as the arrest... There are 3 sides to every story and the OP is only offering 1.
"Racing on a highway" Arrest
- Thread starter Chicostang
- Start date
Context... My statement merely indicates I believe the officer (s) had plenty of PC for the initial stop. As far as the arrest... There are 3 sides to every story and the OP is only offering 1.
Wow alot of different opinions. Yes My chief was my first contact when I was released. I am a federal security supervisor so I know that I have to contact them unfortunately
Ok...we'll see...accelerating you car next to someone is not racing.
So this is Racing then? Didn't say it wasn't illegal but doubt constitutes "racing" as presented..
Judge will decide... not a bunch of sea lawyers, LEO's, and lawyers
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Im not a lawyer, and i know the cops word is "RESPECTED" much more than just a average citizen but there isnt any proof...would they make the lady who called it in show up to court and state what she saw? Did she even have to give a formal report to cops? Thats crap how she can call in something and the cops arrest you without any proof. Goodluck bud, ive had my run in with the law before but was lucky the cops and i had some mutual friends...
Since you offered an opinion as well, which category do you fall in?
At least the ss lost.
My attorney told me that a witness who calls in an accident or in your case street racing is called "hearsay" and is not admissible in federal court but it is allowed in DMV hearings...You may lose your license but if your lawyer argues your case you probable will get out of it. If your state is a SR22 state you may have that on your driver record for 3 years and will be hard to find reliable insurance during those years. Sucks. So if your license is worth the 1000-3000 I suggest seeking council.
Get a lawyer to handle this for you and let them review your case. This is very much like a DUI case...wreckless driving is no bueno.
The witness will only go to the DMV hearing but I'm not sure about the actual court hearing.
OP, do you still have your license or did the police keep it?
Get a lawyer to handle this for you and let them review your case. This is very much like a DUI case...wreckless driving is no bueno.
The witness will only go to the DMV hearing but I'm not sure about the actual court hearing.
OP, do you still have your license or did the police keep it?
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Agreed.
If the witness is called to testify in court, it is not hearsay and is quite admissible.
My bad. In my case the witnesses didn't see anything they 'heard' a accident.
Ahh, so it was hearsay instead of seesay? :rolling:
In Texas, it does constitute racing. We have no state exhibition of speed statute. The Legislature did away with it 6-8 years ago and amended the racing statute. Some municipalities have ordinances for exhibition of speed/acceleration. But in this case, the OP was written for the state statute, and when two vehicles are involved, it's considered racing.
WTF are you talking about? First, Texas doesn't have a DMV, and there is no such thing as a DMV hearing. Second, this is a state ticket. Why would this end up in federal court? Why would a state be prosecuting someone in a federal court? Federal courts are for federal violations... If this goes to trial, it'll be in a county court of law.
Finally, the op wasn't cited for reckless driving. That's a completely different statute and charge. The penalty if convicted of racing on a highway is much more substantial than reckless driving (30 vs 180 days in jail and $200 vs $2000 fine.
You got me on the federal thing. County court is right I didn't know this was in texas. That information was never provided or I missed it. I can only speak from my experience I had a DMV hearing for my drivers license only and then I had my criminal hearing. Like I said I didnt know this was in Texas but where I live in California, DMV determines your driving privileges pre-hearing.
If his case is worse than wreck less than I would be concerned about how I would get to and from work pre-hearing.
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*reckless :nonono:
His location says League City, which is in Texas.
I don't see how your experience with California law is going to help him... Especially since you keep talking about the DMV when Texas doesn't have a DMV or DMV hearings.
I'm on tapatalk. Can't see anyone's location. Like I said didn't know this was in Texas.
You seem to be the resident reckless* driving expert.
You seem to be the resident reckless* driving expert.
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Cool story bro
The guy is a very safe driver, in essence, wreckless. This was no typeo. lol
It is quite clear you do not know how to interpret a statute. By the OP's own description he meets the elements of the statute for street racing as it is quite broad.
But feel free to believe whatever you wish, but I would encourage no one to listen to you as you know nothing about the law or how it is interpreted.
That suxs, I have done the same thing and luckily never got caught. Some people just need to relax and stop being hypocrites. I mean really, your correct and saying most have street raced before. It's been around a very very long time. I know it doesn't make it right but I wouldn't act like I'm better than u. But I only race at the track now. I wish I could help but don't let this bring u down, just learn from it.
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Sent from your Lubrizolsfin3st
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