Racing on Roadway

CobraTone

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Taking my lunch break and heading to Sonny's with my buddy today. Get into a two lane left turning area, and I'm behind about two cars. Light turns green, there is a RX 7 in front in the right lane. Well he stalls and by the time I get by him he has started to go again. I had to get over into the right lane, so I stepped on it in second gear to get around the cars in front of me and make my lane change before the rx7 gets up there. BTW this was an older rx7 so in no way was I trying to mess with him.

Cop pulls me over further down the road and told me I was being disrespectful to him since he was in "plain view" and I made the left turn "squeeled my tires and took off". Well, I know for a FACT that I didn't peel out, it was probably the rx7 but I didn't argue with him at all. And the only reason I accelerated quickly was to make the lane change, also I did NOT go above the speed limit. So he gives me a ticket under statute 316.191 Florida, and wrote "Racing on Roadway" on the ticket.

"No person "shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record" on a highway or street. §316.191(1)"

I think this is going a little overboard. Is there any way I can fight this and win? I don't care about the 80 bucks I just doin't want the points on my license. Thanks for the help.
 

charged98cobra

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Of course there is a way to fight this and win, you will probably need to talk to a lawyer though. What speed did he write on the ticket? You may want to bring up that you never went over the speed limit and suggest that the officer may have been mistaken if it was your tires he heard peel out. Never imply that he is lieing just imply that he might have been mistaken.
 

CobraTone

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He didn't write a speed, he just wrote Racing on roadway.

Oh and I forgot to mention that I have a pretty clean record, haven't had a ticket since 2000.
 
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Driven

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Originally posted by CobraTone
He didn't write a speed, he just wrote Racing on roadway.

Oh and I forgot to mention that I have a pretty clean record, haven't had a ticket since 2000.
Is the ticket marked as a Criminal Violation? Because Racing on public highways was made a criminal offence sometime ago. If so, you will be required to go to court. If you go without a lawyer you will end up with a suspended licence.

If you need any advice or more detail let me know, cause I dont want to start talking about a completely different offence if I can help it.
 

CobraTone

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Driven - It looks like it, because I just got a letter to appear for an arraignment. The cop screwed up, he wrote a fine on the back and explained the three options like it was a civil infraction, but apparently it is a criminal misdemeanor.

So basically i will be speaking to a lawyer tomorrow because this ticket is total bs.
 

Driven

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Yeah, sometimes things like that happen. A very similar thing like this happened to me. But talk with a lawyer for sure, they should be able to get everthing sorted out for you. Let me know how you get on.
 

CobraTone

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Going to talk to the attorney tomorrow after noon. Hopefully we can get this worked out, this just overloads the stress on me at this point in time. :fm: I'll keep you guys updated, thanks for the help.
 

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