Seeking advice: Racing on a Highway

[speedoflife]

A little bit of a read but SWIM is genuinely asking for advice. The other night SWIM and his friend (we will say Jeff) were out having a nice cruise. At a particular road SWIM and Jeff happened to be beside each other at a stoplight. The two people accelerated from the light at a rapid pace, but no failure to maintain control was exhibited (no tire squealing) and to SWIMs knowledge no speeds were recorded/surpassed. There was an officer that had come up from behind and were 2-3 cars behind SWIM in between him and the officer. The road went down to one lane about half a mile or so after the light. The officer pulled over Jeff but was far too far behind SWIM to pull him over. SWIM made the wrong choice and instead of parking kept driving trying to distance himself. About two miles away another officer pulled SWIM over matching a description of a vehicle that had been racing. SWIM admitted to the car being there but not to racing or anything illegal. SWIM and Jeff went to jail and had their cars towed.
My question is this: should SWIM attempt to fight the factuality of the amount of competition involved? SWIM and Jeff are roommates so it wasn't like they just lined up. The car probably got up to 4000 RPM so SWIM wasn't puttering but wasn't going balls to the wall. Or should he attempt to contact the DA to see if he could have pity? Obviously the best option is for SWIM to lawyer up but which direction of defense do you all think would work best? SWIM would like to just claim that his friend John was driving and drivers were switched when there was no line of sight of the car (for 3 minutes or so), but that is probably not true and perjury is kind of a felony. What does SVTP think?
SWIM is pretty upset and having a hard time. Just looking for some help.

 

[silver03svt]

The LEOs of SVTP advise on getting lawyers ad following their advice.

/thread

 

[RDJ]

so bottom line two idiots were street racing and one got caught earlier than the other did. and this Swim feller also got charged with evading? Frankly if these two clowns live in texas like you do … you should have already advised them to buy a big tube of lube, lawyer up and keep their mouth shut until after their trial.

 

[speedoflife]

so bottom line two idiots were street racing and one got caught earlier than the other did. and this Swim feller also got charged with evading? Frankly if these two clowns live in texas like you do … you should have already advised them to buy a big tube of lube, lawyer up and keep their mouth shut until after their trial.

Idiots is a relative term but considering it was used a sentence before "clowns" and "feller" I think I have you somewhat stereotyped. Note taken.

The other..... feller..... Did not get charged with evading. The first car pulled over took a left turn and, again, there were multiple cars between the rearward alleged racer and the front alleged racer.

*** NO INSULTING OTHER FORUM MEMBERS OUTSIDE OF SMACK DOWN ***
EDIT: a rewording of my deleted comment would read: RDJ, could you PLEASE thoroughly read the original post before reiterating what I had already said? Again looking for ADVICE, not condescending remarks. Keep it on topic and leave out the idiot and clown vocabulary. For all our sake. SWIM knows a lawyer is the best option. Hence that exact quotation in the Original Post.

Anyway... As I said in the OP "obviously the best option is to lawyer up but what direction of defense is best?"

If SWIM were looking for derogatory remarks he could just go down to the police station and talk to them. So grow up. Seriously.

SWIM made a blankedy blank mistake ok? He was not aware of the wording of the law that he could go to jail for staying in control of the vehicle below the speed limit. SWIM could almost guarantee there would have been no ticket issued were the cars not near each other. I mean it was a 2003 Cobra and a 2003 GT. Who do you think would win if it were a race?

Edit: and there will be no lube involved. If the law wants inside of SWIM they are going to have to force their way in dry. SWIM won't take this bending over. Because that just empowers people like you RDJ

 

[speedoflife]

The total distance travelled before the first car was pulled over and stopped was .23 miles.
No tire marks or any trace of them were left behind. Obviously considering no traction loss was exhibited.
The speed limit was 50 MPH.

So you don't think there is a valid arguement the two people weren't racing or no? Do you think they could have gotten up to 50 mph and back to zero in .23 miles? Do you think they were operating their vehicles at unsafe levels without traction loss during that time?

Or do you think maybe these arrests were a product of over policing and ill-interpretation of an ill-worded law?
I hope we can have a fact based, civil conversation about this. I would prefer LEO, lawyer, or people who have had similar experiences give me advice.
I would prefer that people (not saying names or pointing fingers) that talk about lubrication for butts and have avatars about sticking things in peoples butts stay out and keep their mouths shut.

 

[silver03svt]

Here is what I think....you have been given advice to contact a lawyer and let him handle it for you. You are in here asking LEO their opinions on a matter that none were there to witness. That being said, the only sound advice you will get would be to get a lawyer.

As far as RDJ's avatar, he had nothing to do with that, it was changed by a moderator as an inside joke. But you think whatever you want. Your thread title stated "Seeking Advice". RDJ gave you advice. The fact that you didn't like his answer is irrelevant.

As an LEO, if I see 2 cars pull off from a dead stop at a light at what you called a "rapid pace", then racing CAN BE AN APPROPRIATE CHARGE. What make/model cars is irrelevant. Which one is an easy W or easy L is irrelevant. What RPM's or actual speed they reached is irrelevant. And as for the distance of .23 miles, a drag strip is .25 miles in length, and my car can EASLIY break 125 in that distance, so it can be inferred that in the same distance, 0-50 and back to 0 is doable.

I am going to close this thread now so it doesn't get out of hand. If you have an issue about RDJ's post, I gave you advice on how to handle it.

 

[silver03svt]

A little bit of a read but SWIM is genuinely asking for advice. The other night SWIM and his friend (we will say Jeff) were out having a nice cruise. At a particular road SWIM and Jeff happened to be beside each other at a stoplight. The two people accelerated from the light at a rapid pace, but no failure to maintain control was exhibited (no tire squealing) and to SWIMs knowledge no speeds were recorded/surpassed. There was an officer that had come up from behind and were 2-3 cars behind SWIM in between him and the officer. The road went down to one lane about half a mile or so after the light. The officer pulled over Jeff but was far too far behind SWIM to pull him over. SWIM made the wrong choice and instead of parking kept driving trying to distance himself. About two miles away another officer pulled SWIM over matching a description of a vehicle that had been racing. SWIM admitted to the car being there but not to racing or anything illegal. SWIM and Jeff went to jail and had their cars towed.
My question is this: should SWIM attempt to fight the factuality of the amount of competition involved? SWIM and Jeff are roommates so it wasn't like they just lined up. The car probably got up to 4000 RPM so SWIM wasn't puttering but wasn't going balls to the wall. Or should he attempt to contact the DA to see if he could have pity? Obviously the best option is for SWIM to lawyer up but which direction of defense do you all think would work best? SWIM would like to just claim that his friend John was driving and drivers were switched when there was no line of sight of the car (for 3 minutes or so), but that is probably not true and perjury is kind of a felony. What does SVTP think?
SWIM is pretty upset and having a hard time. Just looking for some help.

Idiots is a relative term but considering it was used a sentence before "clowns" and "feller" I think I have you somewhat stereotyped. Note taken.

The other..... feller..... Did not get charged with evading. The first car pulled over took a left turn and, again, there were multiple cars between the rearward alleged racer and the front alleged racer.

*** NO INSULTING OTHER FORUM MEMBERS OUTSIDE OF SMACK DOWN ***
EDIT: a rewording of my deleted comment would read: RDJ, could you PLEASE thoroughly read the original post before reiterating what I had already said? Again looking for ADVICE, not condescending remarks. Keep it on topic and leave out the idiot and clown vocabulary. For all our sake. SWIM knows a lawyer is the best option. Hence that exact quotation in the Original Post.

Anyway... As I said in the OP "obviously the best option is to lawyer up but what direction of defense is best?"

If SWIM were looking for derogatory remarks he could just go down to the police station and talk to them. So grow up. Seriously.

SWIM made a blankedy blank mistake ok? He was not aware of the wording of the law that he could go to jail for staying in control of the vehicle below the speed limit. SWIM could almost guarantee there would have been no ticket issued were the cars not near each other. I mean it was a 2003 Cobra and a 2003 GT. Who do you think would win if it were a race?

Edit: and there will be no lube involved. If the law wants inside of SWIM they are going to have to force their way in dry. SWIM won't take this bending over. Because that just empowers people like you RDJ

The total distance travelled before the first car was pulled over and stopped was .23 miles.
No tire marks or any trace of them were left behind. Obviously considering no traction loss was exhibited.
The speed limit was 50 MPH.

So you don't think there is a valid arguement the two people weren't racing or no? Do you think they could have gotten up to 50 mph and back to zero in .23 miles? Do you think they were operating their vehicles at unsafe levels without traction loss during that time?

Or do you think maybe these arrests were a product of over policing and ill-interpretation of an ill-worded law?
I hope we can have a fact based, civil conversation about this. I would prefer LEO, lawyer, or people who have had similar experiences give me advice.
I would prefer that people (not saying names or pointing fingers) that talk about lubrication for butts and have avatars about sticking things in peoples butts stay out and keep their mouths shut.

Posts quoted in case you decide to change them.