Exhibition of Acceleration TX Leo's

[HoustonGT]

Hey guys, well got my first ticket today in the GT after 5 years of driving and its not a simple one either. Here's the case.

I was at school. (University of Houston) and pulling out onto the road out off a side street. It was overcast today and had rained ealeir, leaving the road a bit wet but mostly dry and i was stopped in a puddle because it was on the edge of the road if that makes sense. I sat for about 2 minutes and waited for a gap. I finally got one and turned left and had cars coming up at about 35-40mph so i gassed it to speed up. The tires spun so i short shifted into 2nd and they spun a bit more. I let off and went into 3rd at about 35 or so. I keep going, stop at a red light, then it turns green and i proceed. Out of nowhere a beige Impala flys up on me and throws his 2 small lights in his window on and i pull over. The cop was wearing civilian clothes and the car was completely unmarked. He comes up with his gun unholstered and his hand on it. First thing he says is, "Is your head up your ass or what?" i reply politely with "No sir" and notify him that i have to reach across to the glovebox to get my insurance card. He takes it and goes back to the car and calls a marked police unit to show up. He gives me a ticket he gets from the other cop and writes 2 charges.
1.) Exhibition of acceleration
2.) Unsafe Speed

I told him that i was just trying to speed up with traffic and that my tires were wet causing it to spin like that. He just says "Come on, you new what you were doing, don't play games". I just said "Yes, sir, have a nice day" and drove off. Looking at the ticket i noticed a few things:

1.) He put conditions as overcast and DRY, even though i was clearly sitting ina pool of water at the end of the street and there was water on the road as well.
2.) He did not write in the speed limit or how fast i was going, both left blank.

I get along with cops very well especially due to my military background and it helps abit sometimes, but this cop was just a bit too pushy. I respect the hell out of LEO's because they put their lives on the line everyday but is it necessary to walk up with you gun unholstered and your hand on the weapon for a moving violation and ask me if my head is up my ass?

Anyways, i immediately went back to the area where i pulled out and took photos of the water and such for court just in case. I also read online that Exhibition of Acceleration a type of violation in Texas. So how do i go about handling this? Also, is there any way to contest unsafe speed especially if he never wrote the speed limit or the speed i was going? Do you have to pull over for a completely unmarked car and a cop in civilian clothes? I thought only makred vehicles could pull you over in TX?

Thanks in advance for your input and advice and sorry about all of the questions, just lost on the topic after searching online for an hour. Let me know if i left any info out.

Mike,
SEMPER FI

 

[FordSVTFan]

Neither of those charges would require the officer to note the speed limit. You werent charged with speeding. Exhibition of speed is a prudent ticket when you spin your wheel through 1st and 2nd gears. As for the "unsafe speed" that is usually issued when your speed is not safe for the conditions (weather, road hazards, etc.).

You say the officers gun was unholstered. That means it was out of the holster in his hand. But then you say his hand was on his gun. So which was it? I find that butt of my gun a convenient place to put my hand plus it is an officer safety issue, as you are distracted dealing with someone, you dont want your firearm open.

If you feel unsure about pulling over for an unmarked vehicle put your flashers on and drive slowly to a well lit, well populated area while calling 9-1-1 to confirm that it is truly an officer.

 

[HoustonGT]

Neither of those charges would require the officer to note the speed limit. You werent charged with speeding. Exhibition of speed is a prudent ticket when you spin your wheel through 1st and 2nd gears. As for the "unsafe speed" that is usually issued when your speed is not safe for the conditions (weather, road hazards, etc.).

You say the officers gun was unholstered. That means it was out of the holster in his hand. But then you say his hand was on his gun. So which was it? I find that butt of my gun a convenient place to put my hand plus it is an officer safety issue, as you are distracted dealing with someone, you dont want your firearm open.

If you feel unsure about pulling over for an unmarked vehicle put your flashers on and drive slowly to a well lit, well populated area while calling 9-1-1 to confirm that it is truly an officer.

I meant the clip on the holster was undone and his hand was on the butt of the gun.
Is there any way for me to contest this ticket? Is exhibition of speed the same thing as exhibition of acceleration?

 

[HoustonGT]

RACING ON HIGHWAY. (a) A person may notparticipate in any manner in: (1) a race; (2) a vehicle speed competition or contest; (3) a drag race or acceleration contest; (4) a test of physical endurance of the operator of avehicle; or (5) in connection with a drag race, an exhibition ofvehicle speed or acceleration or to make a vehicle speed record. (b) In this section: (1) "Drag race" means the operation of: (A) two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance eachother; or (B) one or more vehicles over a common selectedcourse, from the same place to the same place, for the purpose ofcomparing the relative speeds or power of acceleration of thevehicle or vehicles in a specified distance or time. (2) "Race" means the use of one or more vehicles in anattempt to: (A) outgain or outdistance another vehicle orprevent another vehicle from passing; (B) arrive at a given destination ahead ofanother vehicle or vehicles; or (C) test the physical stamina or endurance of anoperator over a long-distance driving route.

How was what i did in any way racing or a contest?

If the officer put unsafe speed, which is due to conditions, would it then not imply that the roads were wet, yet he put dry as the condition?

 

[Evileyes]

Is there any way for me to contest this ticket? Is exhibition of speed the same thing as exhibition of acceleration?

You can contest whatever you want, question is do you have evidence to show and convince a judge/jury that you were not doing what you say you were not doing.

 

[HoustonGT]

You can contest whatever you want, question is do you have evidence to show and convince a judge/jury that you were not doing what you say you were not doing.

Well i was definitely not ina drag or speed contest as that section of the code implies. Also, the tires were wet and he put dry conditions. I think its time for a lawyer lol

 

[FordSVTFan]

I meant the clip on the holster was undone and his hand was on the butt of the gun.
Is there any way for me to contest this ticket? Is exhibition of speed the same thing as exhibition of acceleration?

His weapon was safe.

I dont know if they are the same thing, post the statutes you were written under I will look them up when time permits.

 

[FordSVTFan]

If the officer put unsafe speed, which is due to conditions, would it then not imply that the roads were wet, yet he put dry as the condition?

The conditions also refers to traffic,detours, road work, visibility, etc.

 

[Iceman II]

Seems like the better charge would have been "Reckless Driving." Which a class B misdemeanor instead of the two class C's. Class B's and above are go to jail offenses.

 

[Mt Twigbert]

I'd like to toss in my opinion here.. I think I'm a pretty laid back cop..

1) Don't feel offended for the cop 'unsnaping' the protective guard on his holster.. I don't go up to a car w/o my hand on my gun.. Heck, I even approach cars w/ my gun out and being held behind my right leg.. After I make contact w/ the driver and I feel there is no threat I will holster the weapon.. Its all about going home at night..

2) I'm not a Texas LEO but I will apply what I know about the state of WI and try to make sense of it..

3) Yes, pull over if you see a car with any light flashing.. We've all seen cops who crazy if a car doesn't pull over right away.. I for one radio for back up if a car doesn't pull over.. If you question it only roll your window down an inch or so.. It will probably irritate the cop but do it for a minute till you really believe he is a cop.. Then roll it down all the way and be super nice.. Its the best way to get out of a ticket..

4) If he failed to write down the weather on the front of the tickets its better for you.. However, 'most' cops fill out a short story of why he ticketed you so in court he/she can remember the situation.. If he writes down there that it was dry and you now have photos then it looks better for you.. As long as you can put a doubt in the judges mind (just most time for a trial regarding a municipal ticket) or jury then you stand a chance to get it dropped..

5) If he didn't radar you then he can't really put down the speed.. Yes, he can 'pace' you with his car but who knows if he did..

I suggest you go to court.. Meet with the DA and see what they can do.. It sounds like you probably got on the gas a bit too hard.. Maybe try to get one ticket dropped and pay the other.. Or, fight both.. At the time you meet with the DA he/she should let you read what the cop put on the back of the ticket and you can make a decision from there..

Hope it helps..

 

[Mt Twigbert]

.

 

[jimljr145]

RACING ON HIGHWAY. (a) A person may notparticipate in any manner in: (1) a race; (2) a vehicle speed competition or contest; (3) a drag race or acceleration contest; (4) a test of physical endurance of the operator of avehicle; or (5) in connection with a drag race, an exhibition ofvehicle speed or acceleration or to make a vehicle speed record. (b) In this section: (1) "Drag race" means the operation of: (A) two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance eachother; or (B) one or more vehicles over a common selectedcourse, from the same place to the same place, for the purpose ofcomparing the relative speeds or power of acceleration of thevehicle or vehicles in a specified distance or time. (2) "Race" means the use of one or more vehicles in anattempt to: (A) outgain or outdistance another vehicle orprevent another vehicle from passing; (B) arrive at a given destination ahead ofanother vehicle or vehicles; or (C) test the physical stamina or endurance of anoperator over a long-distance driving route.

How was what i did in any way racing or a contest?

If the officer put unsafe speed, which is due to conditions, would it then not imply that the roads were wet, yet he put dry as the condition?

If you carefully read the statute, it states: "Drag Race means: (B) One or more vehicles, over a common selected course; Race means: (A) Outgain or out distance another vehicle or prevent another vehicle from passing".
Merging onto a highway where the road surface may be wet in a high performance vehicle, in my opinion, you would have to know your tires would spin, and if the traffic was heavy, you should also wait an extra second or two to find a gap large enough to safely merge. I too would have issued that summons. As far as him stating dry for conditions, if it was overcast and not currently raining, dry would be appropriate. Because the on ramp was wet has nothing to do with atmospheric conditions. I agree it should be and probably was noted on the comments of the summons or on his entry for the traffic stop that the ramp was wet. As it is in every state, you do have the right to contest the ticket, or at least the severity of the ticket in court. Good luck.

 

[HoustonGT]

Thanks for all of the info.

Does anyone know if EOA can be dismissed with defensive driving in TX?

 

[Iceman II]

Thanks for all of the info.

Does anyone know if EOA can be dismissed with defensive driving in TX?

I don't think anyone here can give you a solid answer, only the judge hearing the case can give you the answer. Personally, I don't believe the charges were the correct ones to file here.

On the plain clothes officer, he was probably a Constable. A lot of these guys don't have a big budget to work with. None the less, he is still a peace officer.