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advice needed in regards to citation

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Old Dec 30, 2009 | 07:52 PM
  #1  
sanyok's Avatar
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advice needed in regards to citation

Like some of you read before I'm still trying to get the hang of stick shift and a few nights back was out practicing in a parking lot. when i was exiting the car got a little stuck in the gutter so being a beginner i freaked out and hit the gas while dumping the clutch(i know looking back stupid move) but thank God the traction kicked in, as luck would have it there was an officer to pull me over for fishtailing about 10 feet after exiting the lot. I tried to explain that it's wet out, and i'm still trying to get the hang of the delicate clutch and what not, to which his reply was that it's not an excuse and that i was showing off (to whom it beats me I was the only one on the road at ~12am) well he wrote me out a citation stating that i was in violation of the following

v.c.23109(c)
(c) A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.
To my understanding it says a person cannot go out and race a vehicle down a street but i wasn't trying to do that just get home after practicing for a little bit.

Also what does "highway" mean in this situation? is it any road used by a vehicle or the actual highways between cities?

I was hoping someone could break this section down for me and advise me as to what to do about this whole situation
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Old Dec 30, 2009 | 07:56 PM
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Pretty much sounds like he was calling you out on racing.... but the violation says "exhibition of speed" In no way were you speeding right?

Pretty much says you cannot participate in getting someone else to race you or race in general.. In which none of these you were doing...

Im no lawyer but I think if you fight it you can win it. Just tell the judge your story and hope for the best. You werent clocked at any speed that is considered speeding so he has no proof of you speeding. Some traffic lawyers handle cases like these for $300 or so... and IMHO better than paying a ticket for racing and having it go on your record and making your insurance go up a hefty dime.

Talk to a lawyer. Try getting a free consultation.

Last edited by ZumnRx8; Dec 30, 2009 at 08:02 PM.
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Old Dec 30, 2009 | 08:02 PM
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This could also be that he was revving his engine at someone or was accelertating really quick
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Old Dec 30, 2009 | 08:10 PM
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there wasnt a single car around except for the cruiser which was a good 1/4 mile or so away so if you're saying i was trying to race someone then no, both the lane i got into and oncoming lanes were clear
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Old Dec 30, 2009 | 08:26 PM
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I don't see this as being "Exhibition of Speed". He could have cited you for "Reckless Driving" and that would have held up.
Take it to court and see if you can get reduced or dismissed.
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Old Dec 30, 2009 | 08:34 PM
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Originally Posted by alnielsen
I don't see this as being "Exhibition of Speed". He could have cited you for "Reckless Driving" and that would have held up.
Take it to court and see if you can get reduced or dismissed.
so what you're saying is that he cited me for something that didn't occur?
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Old Dec 30, 2009 | 09:56 PM
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He could claim you were drifting or doing doughnuts or whatever, that is considered as reckless driving, do some reading.


i freaked out and hit the gas while dumping the clutch
So are burnouts which he might have thought you did.

Last edited by Buddy Jesus; Dec 30, 2009 at 10:00 PM.
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Old Dec 30, 2009 | 10:05 PM
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Originally Posted by sanyok
so what you're saying is that he cited me for something that didn't occur?
You (or a lawyer) could convince the judge of that. A lawyer will cost about the same as paying the ticket. While it's not 100% certain that one will get you completely off, it is up to you to determine which is more important, the money or the ticket on your record.
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Old Dec 30, 2009 | 10:26 PM
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Originally Posted by alnielsen
You (or a lawyer) could convince the judge of that. A lawyer will cost about the same as paying the ticket. While it's not 100% certain that one will get you completely off, it is up to you to determine which is more important, the money or the ticket on your record.
+ insurance rates. I say fight it.
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Old Dec 30, 2009 | 11:16 PM
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^ I guess I'll be going to talk to a lawyer soon, I'd hate higher rates
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Old Dec 30, 2009 | 11:44 PM
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good choice

like AL NEILSEN said... it can be reduced so it wont be a point on ur record or dismissed good luck!
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Old Dec 31, 2009 | 12:28 AM
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I onces got pulled over for taking off quick while exiting a parking lot. I then tried fighting the ticket but no luck. I do remeber the pig wrote down some code under "improper vehicle operation"..
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Old Dec 31, 2009 | 01:54 AM
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I believe the "exhibition of speed" offense is 2 points on your record, which is not good.
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Old Dec 31, 2009 | 01:58 AM
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Originally Posted by RX OCHO
I onces got pulled over for taking off quick while exiting a parking lot. I then tried fighting the ticket but no luck. I do remeber the pig wrote down some code under "improper vehicle operation"..
I'm guessing you got a bad judge or something since taking off quick could have been to avoid a collision with another vehicle or something of the sort . Yet it's really stupid how some of the laws are made down here


Originally Posted by bruce_van
I believe the "exhibition of speed" offense is 2 points on your record, which is not good.
yeah i checked it's 2 points
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Old Dec 31, 2009 | 02:19 AM
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yeah fight it get a lawyer, cause i got an exhibition of speed in february and it was 2 points, and a misdemeaner they made me go get my finger prints takendamn cali
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Old Dec 31, 2009 | 02:20 AM
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hey I had my car do this when It was wet out got a $300 negligent driving ticket
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Old Dec 31, 2009 | 03:07 AM
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Dam dude, i still cant believe how much of a DICK this COP was I could have understand if you were actually doing it purposely.
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Old Dec 31, 2009 | 07:06 PM
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How much of an impression did you leave in the cops mind?
There's always the possibility that he/she will not show up at the court date.
A 2-pointer is not fun in CA, but its also not the end of the world. Find someplace even more uninhabited to practice.
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Old Jan 2, 2010 | 12:51 AM
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^ i pulled over asap left my flashers on didn't try to argue with him nor did i really move my hands off the wheel, just asked a few questions about the citation before he'd left thats pretty much it
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