Missing my baby
 

Last night I was arrested for engaging in a "speed contest" in my 1973 Black 2.0 914. The Cops impounded my 914 and booked me. They said it is impounded for 30 days and it will cost me a $1000 dollars to get it out. I will also have to pay a fine for the ticket and my insurance will go through the roof. Before this I had a clean record, this was my first offense and my first race(I'm only 18) None the less I am very unhappy considering it just started raining out here in cali, I know the towing yard didn't roll up my windows! this is an unexpected financial burden on my self. The reason I'm posting this is for advice from any police officers and or attourny's who may be on this board. There was no radar and they don't know who I was racing. Thanx in advance for everyone's help.

Wow! That's harsh! A retired attorney friend of mine used to say, Most people talk them selfs into trouble. I hope you didn't admit to anything. Also check into the legallity for impounding and holding your car. Are their any witnesses? I would question this. Tickets without radar can turn into your word against the officer's. Could this have been mistaken identity? I'd start searching net for posts and sites on how to beat a traffic ticket! I saw a cool commercial for a search engine. A hot babe got pulled over for speeding in her porsche 356 speedster, The commercial eluded to fact that with the help of the internet. This hot babe was able to avoid a ticket because she knew more than the traffic cop. Goood Luck, You'll need it!!

After I was hand cuffed the officer questioned my girl friend that was with me at the time. The officer played on the fact that she was rattled and ended up pressuring her into giving up the information. I had given no information to the officer that I had been involved in any street race because I knew it was arbitrary. When the officer pulled me over he tried playing a mind game, the first question he asked me was whether or not I had won. I said "I don't know what you are talking about". I did not answer any questions that pertained to a "speed contest". Could this be considered an illegal search and seizer? Also the officer did not read me my right initially, he did how ever read them to me while I was in the holding cell, and let me tell you he didn't have them memorized and while reading from the card he really didn't have a grasp on the English language. This is simply an observation.

Wow, that's really harsh. Up here in Canada we don't get arrested for traffic violations - unless it's drunk driving or you caused a serious accident. I was ticketed years ago for racing on the street - I think the cop called it reckless driving and all I got was points (a few more than a regular ticket) and the fine that goes along with the points. There's no traffic school up here either - at least not in the west.

Alpine

Jim,
Rule number one about law. There is nothing a good lawyer can't get you out of. However lawyers cost money. I live in MI so I can't tell ya who is good and who is not, but I can tell you this. Always go on your first impression and second of your lawyer. I say this because the first time you meet the lawyer, they are on their best behavior. After that then they loosen up and you see the real lawyer. Don't be afraid to tell a lawyer they arn't doing everything you think they should be, and if you have problems leave them, go find another.
Now I have a question, how fast were you going? Over 100? 115? I have been told that here in MI if your traveling over 115mph it is considered attempted suicied, and if someone else is in the car its attempted manslaughter. Take this info as you wish, and good luck.

The ticket says 70+. The speed limit was 40

If they did that here in MI, I'd be very upset. I don't know the law in Cal, but I would guess that you could argue you were just joy riding and got caught. I'd play stupid to the racing thing. Although I don't think there is a law against racing here in MI. Just speeding. I'd consider this a minor offense, the cop is prob just jealous of your 914 http://www.pelicanparts.com/ultimate/wink.gif

As far as having a lawyer available to you, at least for next time, you should look into Prepaid Legal. For $25/month, you essentially have a staff of specialized lawyers available to you. They are motivated to make your problems go away as quickly as possible. Traffic tickets is a big area for them. Recently they helped me get Chrysler to repaint my peeling 10 year old minivan completely under warranty (Chrysler had only offered to pay 50% or a very big bill). If you want more information on this, email me your address and I will send you information on pre-paid legal.

P.S. *lecture flag on* I used to race cars LEGALLY in the SCCA. The first thing I learned in driving school was that hardly anyone on the road knows how to drive fast, safely. You also at your age don't have the experience to drive fast OR safe yet, (I know I did not at 18 or even 20) that comes with time and training. If you want to race, take it off the roads, get the training, and have some real fun without having to worry about tickets or accidents. It may not be you that gets killed racing on the roads. It's also a lot more fun to all out race on a track where you know the people next to you also know what they are doing. At the time I was racing Formula Vee and at least to that date, 1985, no one had ever been killed in a sanctioned race in that class. *lecture flag off*

I used to live in Idaho and I started to drive when I was 10. I've had a lot experiance in driving and racing my 914 legally. I used to have a Datsun 510 that I had a lot of fun driving. I am an extremely aware driver and I don't act stupid when it's not safe. It was around midnight on a deserted street with no one around but me and the other car, and the cop of course. Don't let my age fool you because I can tell you that I drive alot better than a lot of mid 30-40 year olds. Thats all.

No search and seizure issue as the constitution limits what cops can do so they have to make up little tricks such as "did you win?" (which is analogus to "count backward from 100"). The lack of Miranda rights being read IS a big deal. The reason you read these is to warn the person at their "arrest" that they have rights. Arrest=when you are detained against your will. Advice= plead not guilty, play dumb w/racing. Cop can't prove that race was going on (unless there was another cop there who will definitely testify that there was a race going on!) (also-cops WILL be there, they get paid overtime to attend!). Have girlfriend come to substantiate, bring up lack of rights. Trick is to make it into such a giant **** storm that jury/magistrate/whatever has no choice but to say ... lack of proof, not clear beyond a reasonable doubt, etc. Best advice = get attorney (slow down?)

Jim,

Don't get huffy...Yes, there are a lot of poor drivers at all ages but now, you are the one sitting with a fine, an impounded car, some upcoming lawyer bills, and a new, (if you can get any), insurance rate. Judgment comes in many forms. If you did not know that the police officer was there, how in the world did you "know" the street was "deserted". Obviously, it was not.

Read your words again in ten or twenty years, (after paying higher insurance bills for the next five years or so). Perhaps then you will agree that as you age, so do you learn. You think you were the only ones on the street... Thank goodness some drunk, old lady, night shift worker, or any other driver, pedestrian, or bicyclist did not "come out of nowhere" and end your race prematurely.

Don't make the streets unsafe for the rest of us.

The ONLY place to EVER race is on the track.
period.



[This message has been edited by PeteD (edited 11-08-1999).]

Pete is right.When I was your age I joined a car club. As member I was responsible for NOT drawing negitive attension to the other members. NOT participating in street racing was on the top of our list. When your thundering around in a race ready american muscle car in excess of 450 HP With a dozen or more guys, temptation is all around you.
If YOU gave in to temptation you were wrong. This is a life lesson you won't soon forget. Pete is right. You could choose to use this experience to enhance your growth as a person. Or not. I know you were looking for advise but I guess the best thing to do now is consult an attorney.

It is not unusual for police to over charge for a traffic stop, i.e., several charges , some redundant, such as : speeding (3-6 points); wreckless driving (6 points); wreckful driving (what that is that? 4 points); failure to obey traffic control device, a moving violation (3 points); and so on. Racing, did I forget racing and/or speeding over 25 miles per hour in excess of speed limit ( mandatory revocation of license on both counts ) Yes, revocation. Now, faced with the choice of loss of license or settling, guess who has the bargaining power. Traffic school is available for youthful offenders. If available go for it. Cut your losses, save your license and slow down. Good luck.

Amen! Pete

Sorry Jim, experienced or not, you got busted!

Sure you can try and make it less painful, but you're in the real world now. A driver's licence is a privilege not a right. I know that sounds lame but it's true. You abuse this right, you pay the price.

I thought I was Rahal, Andretti, and Zanardi all rolled into one when I got my 914. But after the first $150 ticket I decided "Hey, I've got a Porsche! I have nothing to prove. If I slow down all the girls can see me and the car will not break-down before the next autocross." Besides isn't going the speed limit fun? Just look at all those people getting f@#$*d up in the head by being in such a rush.

OK maybe 5 or 10 over the limit is more like it. You don't want anyone getting all road-rage on you.

haha.. you should try driving only 5-10 mph over the speed limit here in LA.. i'm not reckless.. but i'm going 90 on the freeways along with the other drivers AND the police.

Jeff

I didn't mean the freeway. I was talking about surface roads. But then again Im guessing Jim was on the freeway, so the 5 to 10 over may not apply.

Onsecond thought Jims letter said "speed limit 40". So 70+ in situation is unacceptable. I dont know of any freeways that are 40 miles.

[This message has been edited by Conrad W Peden (edited 11-09-1999).]

Ok, I need to pipe up here. First of all, going 5-10mph over is okay, but 15 over is not? Who the heck said this? Oh the general public did. If there is going to be a speed limit, it needs to be inforced. They (the police) don't do it. I can drive 5 over and never get pulled over. Not 25 though. As for speeding on the roads? Is there a big differance between 70mph and 90mph? No if you hit something that wont move, i.e. a bridge, your dead. If trafic is heavy, thats a differant story, but if your on the expressway and your the only one on the road and it is dry and clear there is no reason that you should be restricted in your speed. If they were going to do anything right it would be to create adjustable speed limit signs that were strictly inforced. You are all preaching that speeding/racing is bad, yet I would put money on the fact that every last one of you is guilty of this charge, almost every day. I'm not saying that drag racing or racing on our public roads is okay, I am saying that I am just a guilty for speeding.

Non Porsche Content

Pertaining to the Pre-Paid Legal adverstising. Pre-Paid Legal is a network marketing company and will only come in handy if you are already a part of their network. If the offense had already taken place and you sign up now it wont do you any good. However I've heard both good and bad sides of their quality.

As far as 'wether you were racing on the street or not'. It was stupid to have let it happened, but we need to look at the other side of this and say that the officer had abused his position. Yes what Jim did was wrong, if he was doing it at all. Are you getting my drift Jim?. What this should be is a lesson for Jim but at the same time the officer needs to cool his heels. Because what the officer did was clearly a violate Jim's rights. Another course of action would be to take the car and impound it like they did and have the decency to roll up the windows and put the top back on. But leave the points and the rest of this incidence off record to teach Jim a lesson. If they really wanted to help, but not treat him like a hardend criminal. The officer didnt even read him his rights when he was supposed to!. The officer abused his position as well.
I would never race on the street it is crazy, but I wouldnt stand for being abused by an officer either. He/She is a civil servant and not a gestapo agent!.

Still on the other hand halbl makes a good point.

Point is I dont know what the hell I'm saying.
.02 cents deposited.

Steve M



[This message has been edited by Steve M (edited 11-09-1999).]

Steve,

You are right, signing up for Prepaid Legal would only help in the future. It is not retro-active, of course. I thought I had made that clear when I wrote, "at least for next time". Thanks, through for clarifying.

My results with PPL have been excellent, as noted, but your mileage may vary. (I didn't break any laws...)

On second thought Jims letter said "speed limit 40". So 70+ in situation is unacceptable. I dont know of any freeways that are 40 miles.