: fell victim to temptation, raced a riced out neon, and got pulled over... need help!
Se-riousSleeper 05-05-2003, 10:30 AM well, as the subject says.... Some neon was really egging me on Saturday, so I gave him a terrible ass stomping. Unfurtunatley, we both got pulled over. The cop said that he could've taken me to jail, but he didn't. He gave me a citation, but it's not any type of ticket that requires me to pay. It is a "racing on a highway" criminal charge that requires me to appear in court. I was *barely* exceeding the speed limit when he saw us. He was traveluing in the opposite direction. I'm sure I'll get flamed for this one, because street racing is baaadd :rolleyes:, but... does anyone know what happens from here or has anyone received this racing on a highway criminal charge?:confused:
Attn Moderators: The reason this is posted in the Florida Forum is because I don't know exactly how the laws differ from state to state & I didn't want everyone in off topic from different areas to reply.
thanks... elea
AZ_TURBOSE 05-05-2003, 12:04 PM The best thing to do is to look at your local laws. Here is what I found for Florida.
The 2002 Florida Statutes
Title XXIII
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL View Entire Chapter
316.191 Racing on highways.--
(1) As used in this section, the term:
(a) "Drag race" is defined as the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.
(b) "Racing" is defined as the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes.
(2)(a) A person may not drive any vehicle, including any motorcycle, 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 any highway, roadway, or parking lot, and a person may not in any manner participate in, coordinate, facilitate, or collect moneys at any location for any such race; ride as a passenger in; or purposefully cause the movement of traffic to slow or stop for, any such race, competition, contest, test, or exhibition. Any person who violates this paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates this paragraph shall pay a fine of not less than $250 and not more than $500, and the department shall revoke the driver license of a person so convicted for 1 year. A hearing may be requested pursuant to s. 322.271.
(b) Any person who violates paragraph (a) within 5 years after the date of a prior violation that resulted in a conviction for a violation of this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall pay a fine of not less than $500 and not more than $1,000. The department shall also revoke the driver license of that person for 2 years. A hearing may be requested pursuant to s. 322.271.
(c) In any case charging a violation of paragraph (a), the court shall be provided a copy of the driving record of the person charged and may obtain any records from any other source to determine if one or more prior convictions of the person for violation of paragraph (a) have occurred within 5 years prior to the charged offense.
(3) Whenever a law enforcement officer determines that a person was engaged in a drag race or race, as described in subsection (1), the officer may immediately arrest and take such person into custody. The court may enter an order of impoundment or immobilization as a condition of incarceration or probation. Within 7 business days after the date the court issues the order of impoundment or immobilization, the clerk of the court must send notice by certified mail, return receipt requested, to the registered owner of the vehicle, if the registered owner is a person other than the defendant, and to each person of record claiming a lien against the vehicle.
(a) Notwithstanding any provision of law to the contrary, the impounding agency shall release a motor vehicle under the conditions provided in s. 316.193(6)(e), (f), (g), and (h), if the owner or agent presents a valid driver license at the time of pickup of the vehicle.
(b) All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased or rented, by the person leasing or renting the vehicle, unless the impoundment or immobilization order is dismissed. All provisions of s. 713.78 shall apply.
(4) This section does not apply to licensed or duly authorized racetracks, drag strips, or other designated areas set aside by proper authorities for such purposes.
History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 138, ch. 99-248; s. 1, ch. 2002-251.
Note.--Former s. 316.186.
AZ_TURBOSE 05-05-2003, 12:05 PM Here is the link where I found this information
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/SEC191.HTM&Title=-&url>2002->Ch0316->Section%20191
93BlackBird 05-05-2003, 01:53 PM you are sort of fucked man especially with our new street racing law. Get a lawyer
Se-riousSleeper 05-05-2003, 02:10 PM Originally posted by AZ_TURBOSE
Here is the link where I found this information
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/SEC191.HTM&Title=-&url>2002->Ch0316->Section%20191
thanks for the info... I guess now i just need to brace myself for something pretty severe. :(
Se-riousSleeper 05-05-2003, 02:13 PM Originally posted by 93BlackBird
you are sort of fucked man especially with our new street racing law. Get a lawyer
damn... do you know anyone that this has happened to?
akapaul 05-05-2003, 02:51 PM Sorry to hear that. I guess it taught you a lesson (live n learn). Just out of curiousity - what speeds did you reach (and how badly did you smokie him?)
charlie2020 05-05-2003, 03:38 PM If this is your first offense, you should be able to get of withjust a fine.
Here what i'll tell you I have allways had a history of speeding tickets (speed contest, expedition of speed, racing, and just normal speeding and nothing else) propbably more than anyones on this fourm. The regular speeding tickets are nothing but fines, the speed contest and expedition of speed and racing tickets are much bigger fines and when you get enough of those your ass will go to jail trust me I know. I ended up getting out of having to serve straight time 6months by doing 4 1/2 months of work release program 3 days a week 8 hours a day. Basically I never got threatened with jail time until I got 3 of the above i.e speed contest, expedition of speed and racing.........oh and to go alone with those tickets had no insurance, no registrion, and suspended DL from previous speeding tickets. So I pretty much think I took it to the extreme but I know there are new laws now and shit but if this is like your first offense you should get anythinng more than a fine.
I am happy to report I have a clean driving record and haven't had a tickets in like 4 years, except a few parking tickets from school like when my time ran out on the meter lol.
Se-riousSleeper 05-05-2003, 04:28 PM Originally posted by akapaul
Sorry to hear that. I guess it taught you a lesson (live n learn). Just out of curiousity - what speeds did you reach (and how badly did you smokie him?)
Here's the sad thing... I was only doing about 60mph in a 50mph zone. Also, it was just a rice neon not a srt-4, so figure in my 13.8sec quarter mile to his aproximately 17 sec quarter mile and just imagine from there.
akapaul 05-05-2003, 04:30 PM That's not that bad. If this is your first racing ticket then I wouldn't worry too much about it.
Se-riousSleeper 05-05-2003, 04:35 PM Originally posted by charlie2020
If this is your first offense, you should be able to get of withjust a fine.
Here what i'll tell you I have allways had a history of speeding tickets (speed contest, expedition of speed, racing, and just normal speeding and nothing else) propbably more than anyones on this fourm. The regular speeding tickets are nothing but fines, the speed contest and expedition of speed and racing tickets are much bigger fines and when you get enough of those your ass will go to jail trust me I know. I ended up getting out of having to serve straight time 6months by doing 4 1/2 months of work release program 3 days a week 8 hours a day. Basically I never got threatened with jail time until I got 3 of the above i.e speed contest, expedition of speed and racing.........oh and to go alone with those tickets had no insurance, no registrion, and suspended DL from previous speeding tickets. So I pretty much think I took it to the extreme but I know there are new laws now and shit but if this is like your first offense you should get anythinng more than a fine.
I am happy to report I have a clean driving record and haven't had a tickets in like 4 years, except a few parking tickets from school like when my time ran out on the meter lol.
The last ticket I had was failure to obey a traffic controll device (a nice cop that caught me doing 90 in a 50) and that was over 2 years ago. Before that, I had a few careless driving tickets. Nothing bad in at least 2 years though.
Phantom 05-05-2003, 06:01 PM Tough break but hope you get out of this ok
Good luck.
Andreas Miko 05-05-2003, 06:27 PM Get a lawyer quick. Not some dumb ass traffic ticket guy either.
charlie2020 05-05-2003, 07:44 PM Originally posted by Andreas Miko
Get a lawyer quick. Not some dumb ass traffic ticket guy either.
That would be in your best interest although I only had a public deffender and I was fresh out the Marine Corps which helped me out a little to the judge said.
93BlackBird 05-05-2003, 11:14 PM yeah charlie you don't know the law here. Basically I would rather be driving drunk then be found street racing in this state. Follow dre's advice and mine, GET a GOOD LAWYER. One with connections in the DA office. If you were in Tampa I could hook you up fast. MY friend got me out of a Reckless driving ticket just by knowing the prosecuters. I was hauling ass up a hill and did about 5-6 lane changes in less than a quarter mile :( really f-ing stupid of me.
| |