The problem is he wasn't racing and got pulled over anyway and it just happened to be a cop willing to use judgment and listen to the whole situation. Another cop with a crusade against street racing and performance oriented cars would have wrote the ticket and insisted he was trying to race, just as the cop had informed him could happen.
The problem is that argument holds no water. This one officer claimed that what he did, in his opinion, was not legal. That does not stand for the proposition that everyone in that department holds the same opinion. Therefore, that officer developed probable cause to stop the vehicle, likely looking for a bigger violation, such as a warrant. The officer warned him it could happen, just like anything could happen, but it still does not support that theory.
exdeath said:Thats quite a bit of ambiguity and leaves justice open to opinion rather than fact. In theory law and justice are based on facts, not personal opinions and prejudices.
I wouldnt use the term, ambiguity, but I would agree at the enforcement level there is variation. The point being that those who enforce the law at that level simply make a charge/allegation. When the charge rises to the level of significant, in that it could negatively impact a person's future, that charge is brought to the criminal level. At that level, all of your constitutional protections are fully afforded. That is a huge benefit to the person wrongly accused, as it affords them due process and all that goes with it.
exdeath said:While Adam will say it's up to a judge to find fact, and the officer just writes the ticket for what he observed, he knows quite full and well that the judge will place more credibility in the officer's statements.
I will say with the a bench trial it is up to the judge to find fact, with a jury trial, it is up to the jury. Judges are not stupid, for the most part. Judges talk and gossip. So, when an officer lies on the stand or does something inappropriate, every other judge in that jurisdiction knows about and lends less credibility to that officer's testimony. Also, judges tend to be quite fair. The split is about 50/50 in this area, that appointed judges are either former criminal defense attorneys or prosecutors.
The point is, that an officer has everything to lose by making up a charge and nothing to gain. There is no benefit to them in writing a bogus ticket. Most officers who write a lot of tickets, stay at that position their entire career. While those that investigate, use judgment and analytical skills are promoted and move up in the ranks.
That being said, mistakes are made, officers are only human. But judges also have heard the vast majority of excuses hundreds of times, and they will determine credibility based on their history, presentation, and evidence. However, the person charged is the one that has something to gain by lying.
exdeath said:Coupled with the public perception of street racing and stigma of souped up street cars, simply driving a Mustang (esp. non stock) in combination with a cop saying you were instigating a race... come on what do you expect a judge to assume in lieu of any facts but the officers' statement?
Again, this presumes that the officer just decided to make up a charge for no reason, against someone he doesnt know. That is generally not the atmosphere of most agencies nor that of the vast majority of L.E. Most L.E.O.s would rather be investigating felonies and stopping them, than dealing with traffic violators (except for motorcycle cops).
While you and others here intimately understand the dynamics of modified cars, most officers couldnt tell you a V6 stang from a Cobra. They simply hear a loud exhaust or see wheels spinning or witness speeding. Whether it be a Shelby or a Civic, the act is attributed to the driver and not the car. I know you guys dont want to believe it and have "heard" stories from "friends," but that isnt the case. For example, I drive a bright red C6 corvette with no markings indicating I am anything other than a normal resident of my state. In 2+ years of owning this vehicle I have not be stopped by L.E. I guarantee my Vette stands out more than most mustangs, in the eyes of the general population.
exdeath said:Thus taking this into consideration it's not unreasonable to see that the course of events is completely dictated by the officer alone, which is too much power to be put into the hands of one individual making a possibly biased personal judgment.
That is why it is simply a charge/allegation that can either be accepted by the person cited or can be refuted in court.