FL street racing bill

DSG2003Mach1

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My question is "How are they going to prove beyond doubt that it was me or my car in the video? Faces and plates are blurred/never shown, there's more than one of these cars in existance... where is the evidence to convict?"

Interesting point.

I know with the existing street racing laws here people would title the car in someone else's name so it couldn't be confiscated...too many issues with kids racing their parents car, they didn't wanna leave the parents with no car because of what their kid did
 

BOOGIE MAN

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My question is "How are they going to prove beyond doubt that it was me or my car in the video? Faces and plates are blurred/never shown, there's more than one of these cars in existance... where is the evidence to convict?"
So there's video of a car breaking the law posted online. Johnny Law sees video, figure out make/model/color, etc... of cars involved. Johnny Law pulls registration info. Your car fits the description, along with a few others. Do you have social media (this site's an example but I'm talking about facebook etc)? Pictures of the car registered to you and insured by you posted online (from what IP address and what account?). Prior speed related incidents that created conversations with Johnny Law on your record?

Sounds like probable cause. Which then leads to: do you keep the location function on your phone on? Use Waze? Have a GPS in your car?

With today's tech and social media coupled with the information they're privy to, if they wanted to throw enough $ at it, I think they could pile up enough evidence to win a few cases against those that don't come locked and loaded with stud legal counsel


I'm no attorney by any means, just thoughts

...and Maximus said to Commodus, "the time for honoring yourself will soon come to an end."
 

Klay

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How about I introduce you to families who have suffered a tragic loss due to street racing. I wonder if they think it’s worth it.
I don’t like the, “it hasn’t affected me so it’s not a problem” way of thinking.

On the flip side, there are plenty of people who have died in other ways where their family would want the politicians to focus on their deaths.

Just because they want something done doesnt mean something needs to be done.

Exceeds statute of limitations.....

Dang, you're still around?
 

Bandit5.4

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So there's video of a car breaking the law posted online. Johnny Law sees video, figure out make/model/color, etc... of cars involved. Johnny Law pulls registration info. Your car fits the description, along with a few others. Do you have social media (this site's an example but I'm talking about facebook etc)? Pictures of the car registered to you and insured by you posted online (from what IP address and what account?). Prior speed related incidents that created conversations with Johnny Law on your record?

Sounds like probable cause. Which then leads to: do you keep the location function on your phone on? Use Waze? Have a GPS in your car?

With today's tech and social media coupled with the information they're privy to, if they wanted to throw enough $ at it, I think they could pile up enough evidence to win a few cases against those that don't come locked and loaded with stud legal counsel


I'm no attorney by any means, just thoughts

...and Maximus said to Commodus, "the time for honoring yourself will soon come to an end."

They could do all that but that would tie up a lot in time and costs to the prosecution. as well as sorting things like what can and cannot be admitted to evidence. And my doubts hang on whether they'd want to pursue such lengths for a racing violation. Multiple priors, maybe. With no priors, I doubt it.

But again, one can claim I was the driver of said vehicle in said video evidence but where is the definitive proof that I was THE driver in said incident? It sounds too speculative to me. It goes completely against the whole "innocent until PROVEN guilty".

It all sounds like Revv said, a money grab. And if this passes into law, I feel it could set very dangerous precedent.
 

Coiled03

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Law seems like it could be easily abused if the standard of proof isn't high enough.

What's needed, someone's word? A video?

Sorry if it was in the article. I'm too lazy to read this morning.
 

gimmie11s

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A Scalia court would shoot this down in 2 seconds flat.

Street racers are idiots who put peoples lives in danger and they should be prosecuted. The Police need to catch them and the courts need to prosecute them.

However a bill like this completely tramples an individuals' rights.

From the article: "It would allow law enforcement officers to build cases against street racers without actually witnessing the race and make arrests without seeking a warrant. The bill provides for the use of video, witnesses and other evidence to bring charges."

There will absolutely be 4th Amendment problems here.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
 

IronSnake

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Well, traffic cameras are deemed inadmissible evidence/illegal, so this will be judged the same at some point. You can't say one type of video is legal for traffic violations, while the other is not.
 

Revvv

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My question is "How are they going to prove beyond doubt that it was me or my car in the video? Faces and plates are blurred/never shown, there's more than one of these cars in existance... where is the evidence to convict?"
Trust me when I say that, "beyond a shadow of doubt" does not apply to the court room. A prosecutor has one thing in mind, and that is winning the case. You are also guilty until proven innocent, contrary to your rights.

Sent from my [mind] using the svtperformance.com mobile app
 

HillbillyHotRod

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This is why I'm surprised they're aren't more tracks around, there's definitely a demand for them.

I guess the insurance, zoning and noise restrictions must be a real bitch.

Also economics. Back when OCIR was open it was out in the middle of the bean fields. Time went on and area grew. It was mostly commercial so not really a noise problem but the land got so valuable that it was sold for development.
 

RedVenom48

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So, what happens if someone with a grudge and a hacker friend changes a video recorded of spirited driving to reckless endangerment? We've already seen someone make a video of Nanci "Im clueless" Pelosi sound like she's rambling on drunk. Someone taking footage from someone else driving their car can make it look "illegal" if they have a the desire and editing skills.

There still has to be proof beyond a reasonable doubt in a court of law. No matter what states like California, NY, Illinois and Florida think, the Constitution is the supreme law of the land. It doesnt stop them from infringing, but its still unconstitutional.
 

Revvv

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So, what happens if someone with a grudge and a hacker friend changes a video recorded of spirited driving to reckless endangerment? We've already seen someone make a video of Nanci "Im clueless" Pelosi sound like she's rambling on drunk. Someone taking footage from someone else driving their car can make it look "illegal" if they have a the desire and editing skills.

There still has to be proof beyond a reasonable doubt in a court of law. No matter what states like California, NY, Illinois and Florida think, the Constitution is the supreme law of the land. It doesnt stop them from infringing, but its still unconstitutional.
That "what if" would become a chess match for attorneys. Professionals would have to be brought in to prove doctoring of the video. It would become a nightmare.

Sent from my [mind] using the svtperformance.com mobile app
 

SirShaun

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The end is near for automotive enthusiasts.

Laws
Unlockable ECUs
EPA Crack Downs
Sound restrictions at tracks
Costs associated with doing automotive shit, going up, as demand decreases.

Pretty soon going to be who has the faster power wheel, with electric cars being the norm.

Almost feel like a dumb ass for being a car guy any more. Feeding the system more than anything, which in return does the above.
 

RedVenom48

Let's go Brandon!
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The end is near for automotive enthusiasts.

Laws
Unlockable ECUs
EPA Crack Downs
Sound restrictions at tracks
Costs associated with doing automotive shit, going up, as demand decreases.

Pretty soon going to be who has the faster power wheel, with electric cars being the norm.

Almost feel like a dumb ass for being a car guy any more. Feeding the system more than anything, which in return does the above.
Its not the hobby good sir, but the liberal shit-holes ruining everything.
 

FJohnny

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I basically answered my own question and contributed nothing lol.

Way to go.

Foamer

LOL X 2

Can't imagine this will hold up. It was tried in Canada as well.

https://www.cbc.ca/news/canada/brit...00-km-h-motorcycle-video-surrenders-1.1281267


"A provincial court judge has ruled that a motorcyclist accused of riding 300 km/h on a B.C. highway is not guilty of dangerous driving.

Randy Scott, 26, faced charges after police became aware of the incident — which took place on the Trans Canada Highway on Vancouver Island in April last year — through a video posted on YouTube.

Provincial Court Judge Robert Higgenbotham said that there was problems with the police investigation into Scott, and that while he agreed that a blue Yamaha R1 motorcycle seized by police during the investigation was in fact the bike in the video, he did not think the Crown proved beyond reasonable doubt that Scott was operating the bike at the time the video was filmed."

Exactly the situation described. Young guy, registers bike in mom's name and weaves through traffic at around 300 kph. (180 mph.) Posts on youtube and gets charged.

Charge tossed because of lack of proof of driver's identity.

But, I'll bet it cost a bunch to defend the charge. Not jail time, but still hopefully a lesson?
 

Coiled03

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LOL X 2

Can't imagine this will hold up. It was tried in Canada as well.

https://www.cbc.ca/news/canada/brit...00-km-h-motorcycle-video-surrenders-1.1281267


"A provincial court judge has ruled that a motorcyclist accused of riding 300 km/h on a B.C. highway is not guilty of dangerous driving.

Randy Scott, 26, faced charges after police became aware of the incident — which took place on the Trans Canada Highway on Vancouver Island in April last year — through a video posted on YouTube.

Provincial Court Judge Robert Higgenbotham said that there was problems with the police investigation into Scott, and that while he agreed that a blue Yamaha R1 motorcycle seized by police during the investigation was in fact the bike in the video, he did not think the Crown proved beyond reasonable doubt that Scott was operating the bike at the time the video was filmed."

Exactly the situation described. Young guy, registers bike in mom's name and weaves through traffic at around 300 kph. (180 mph.) Posts on youtube and gets charged.

Charge tossed because of lack of proof of driver's identity.

But, I'll bet it cost a bunch to defend the charge. Not jail time, but still hopefully a lesson?

If it won't hold up even in Canada, then surely it won't hold up here, amiright?

Right?
 
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