guilty by Association

[tsunami]

so after having a blast at a local autocross event behind a strip mall on sunday i am leaving and pull out onto a 4 lane major road with a speed limit of 30mph and lights every 1/8mile or sooner. some guy that was also at the auto cross with a 4dr saturn with a loud exhaust and what sounded like an automatic with a shift kit in it or something was a couple cars ahead of me. we get to the last light before i am turning off onto another road to go visit some friends for dinner plans. the guy in the saturn is in the other lane at the light and there is a car in front of me that is next to him. the idiot in the saturn takes off like a jack ass and sqauwks the tires shifting into second i take off what i thought was normal and all of a suddun i see blue lights a couple cars back i pull over at the first chance i get as the shoulders are really narrow and he goes on by which was what i figured since i did nothing wrong and pulls over the guy in the saturn. then as i drive by he points and me and yells for me to pull over as well... i am like WTF?? granted we both have pink numbers on the side of our cars from the autocross and we both have modified cars so there fore i must have been street racing...(loser) i am so pissed when the cop comes over he gives me all this attitude and says that i was street racing?? and that the race is over and i need to slow down. he was very demeening and wouldn't even hear my side of the story. seriously there was a car in front of me and that car was next to him and there were a bunch of cars all modified leaving the parking lot he could have heard any one of the exhausts but he insists it was my exhaust he heard and i must have been street racing. the guy was a total ass and trying to make me feel like i was doing some horrible thing. he sat in his cruiser for at least 10 mins and comes back and then tries to be my friend saying that he didn't give me a ticket for speeding (i was doing maybe 10-15 before i saw the blues and tried to pull over) driving to endanger (wtf?) or reckless something or other (again wtf 10-15mph!!) but i do get a ticket for unnecessary acceleration/noise. and get this its a 137$ ticket. i am going to try and fight it cause i am so pissed but i am going to have to take a day off of work to go to court and then its just going to be my version of the story against the cops. i imagine its not going to go well for me..... god damn i am pissed and let me re-iterate i didn't take off fast or stomp on the gas or rev the engine or anything i just happened to have a modified car and was driving near another modified car that was acting like a moron!!! what a way to ruin what had been a kick ass day.

 

[Wuz Ranger]

That really sucks when your accused of something that you didn't even do. I would simply fight as you stated. Be polite to the Judge and state that you are a car enthusiast, and would never treat your car in such a way that would conflict with public street laws. Tell them that you would never go up against a Saturn because it's simple a waste of your time let alone your gas!

Good Luck

 

[jbiird317]

ouch, that sucks man... not sure you even have much of a case to argue unfortunately. Your word vs. the cops word doesnt usually go in your favor. I guess hope that the cop doesnt show up to court. I assume no points for this ticket?

 

[Foolish]

TTell them that you would never go up against a Saturn because it's simple a waste of your time let alone your gas!

I think he (lol) was kidding, but really, don't say that, it strongly implies that you would street race, if the opponent was worthy!

It's unfortunate, but all truth of your innocence aside, you'll be convicted or not based on the opinion/attitude of the judge toward you and the cop. Dress well, be respectful, and don't go in there accusing the cop of making things up. It sounds like the cop can't have credible evidence on which to get you convicted, so point out the holes in his case.

Ask where he was at the time of your "unnecessary acceleration/noise." Ask how he picked out the noise of your car from among the cars around you. Ask what the legal noise limit is, and how he measured the sound from your car. Explain that it wasn't possible for you to perform an "unnecessary acceleration" as you were behind another car, and that car was not the Saturn he pulled over.

Finally, the cop will possibly point out the racing numbers on your car as evidence against you. Explain very clearly and calmly that you'd just come from a legal, sanctioned, insured, off-street driving event and that you strictly limit any aggressive driving you do to that context, where it is appropriate.

You may want to get a lawyer, just so you don't run afoul of any of the rules and standards of the court/judge.

BTW, is your exhaust stock, or aftermarket? I'm just wondering how "unnecessary" the sound from your car actually is.

Good luck. Let us all know how it turns out.

*BTW, none of the above is "legal advice." I am not a lawyer, and do not play one on TV. My wife is in law school, but she had nothing to do with this post!

 

[CTGrey02]

Just fight the ticket, and next time wait for the other guys to leave first before you leave.

 

[Wuz Ranger]

I think he (lol) was kidding, but really, don't say that, it strongly implies that you would street race, if the opponent was worthy!

It's unfortunate, but all truth of your innocence aside, you'll be convicted or not based on the opinion/attitude of the judge toward you and the cop. Dress well, be respectful, and don't go in there accusing the cop of making things up. It sounds like the cop can't have credible evidence on which to get you convicted, so point out the holes in his case.

Ask where he was at the time of your "unnecessary acceleration/noise." Ask how he picked out the noise of your car from among the cars around you. Ask what the legal noise limit is, and how he measured the sound from your car. Explain that it wasn't possible for you to perform an "unnecessary acceleration" as you were behind another car, and that car was not the Saturn he pulled over.

Finally, the cop will possibly point out the racing numbers on your car as evidence against you. Explain very clearly and calmly that you'd just come from a legal, sanctioned, insured, off-street driving event and that you strictly limit any aggressive driving you do to that context, where it is appropriate.

You may want to get a lawyer, just so you don't run afoul of any of the rules and standards of the court/judge.

BTW, is your exhaust stock, or aftermarket? I'm just wondering how "unnecessary" the sound from your car actually is.

Good luck. Let us all know how it turns out.

*BTW, none of the above is "legal advice." I am not a lawyer, and do not play one on TV. My wife is in law school, but she had nothing to do with this post!

Yes I was kidding on my last statement

All very good points mentioned in this thread!!!

Make sure you wear a tie bro...makes you look that much more professional looking.....PS. No ear rings if you have any

 

[exNeon]

i dont know about your state, but here in MA we have clear noise laws.
i would say take your car to the local police station (or call first) and ask them to assess the noise your car makes.

here its something like over 80dB at 3000 rpm is a noise violation, and cops handing out such tickets should have a decibel meter with them.

if you find your laws and can get the cops themselves to test it and give you something saying that your cool, give that to the judge, and i dont see how he could let the ticket stand. but i do agree its still up to the judge attitude.

 

[Kosh]

Next time take the numbers off your car when you leave the event. Don't need to draw any unnecessary attention to yourself.

 

[UTEGANNOGMI]

That really sucks when your accused of something that you didn't even do. I would simply fight as you stated. Be polite to the Judge and state that you are a car enthusiast, and would never treat your car in such a way that would conflict with public street laws. Tell them that you would never go up against a Saturn because it's simple a waste of your time let alone your gas!

Good Luck

But what if the judge drives a Saturn?!? =P

 

[Wuz Ranger]

But what if the judge drives a Saturn?!? =P

LOL...I didn't think of that. Tell him that it's a nice car and that your grandma drives one to. LOL

 

[tsunami]

lol at some of the responses... i was just going to my friends house like 5 miles down the road so i was going to take the numbers off there.

deffinatly going to wear a tie (hell i could wear a suit if i thought it would help) remove the earings and present my case in a very professional matter. but as its my side against the cops side i probably have no chance.

as far as points go i have no idea i was going to talk to my insurance rep and see what she thinks i should do.

 

[CTGrey02]

Never talk to the insurance reps, lol. Get it thrown out in court. Sign it Not Guilty and send it in.

 

[dkswim]

best bet is get a layer.

 

[desperado-c]

best bet is get a layer.

Maybe somebody else you know saw all this, and would be indignant enough about it to come to court with you? That would be the flipside of trying to poke holes in the cop's testimony, as Foolish suggests. With a reasonable judge, a credible witness' sworn testimony that there were a couple of cars between you and the guilty car AND between you and the cop might be enough evidence to tip it your way.

 

[Falconx84]

Finally, the cop will possibly point out the racing numbers on your car as evidence against you. Explain very clearly and calmly that you'd just come from a legal, sanctioned, insured, off-street driving event and that you strictly limit any aggressive driving you do to that context, where it is appropriate.

Definitely use this to your advantage -- why would I be street racing when I am a member of a group dedicated to keeping racing off the streets

other than that, good luck -- any sort of street racing- type charge is virtually impossible to beat here in NC. Oh, and its entirely @ the officers discretion (sp?) he can think that you might possibly consider racing at some point -- and ticket

 

[gridwerk]

plead insanity.

 

[tsunami]

thats always an option... though not sure if its worth the institionalization for a 140$ ticket...

 

[fourthmeal]

maybe he meant insanity of the police officer, because he must be crazy to think that he can place a ticket like that in unlikely circumstances.

I remember my first unlawful acceleration citation...what a crock!