"Racing on a highway" Arrest

Chicostang

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Last Sunday was not my day. I was pulling out of my neighborhood in my silver 03 cobra. After driving about a quarter mile a 2002 camaro ss came by me. The camaro sounded good. We both stopped together at 4 lights and we didnt do anything. When we got out the heavy traffic area he downshifted and sped up and slowed down kinda like he was showing me what he had. so i did the same thing. Neither one of us really wrapped out our cars just a little go and stop. Needless to say after we came to the next light we both turned together, but we werent even paying attention to each other.

Next thing you know i see about 4 police tohoes coming in our direction with their lights on. The camaro was about 300 yards behind me and i saw they where behind him. Next thing you know two more where coming up on me. I pulled over immediately. A female cop came up to my window screaming for me to get out of my car. I was very respectable and answered yes maam no maam. She never asked me if we where racing the only thing she asked me was where did i see the camaro first. I told her where and she told me to turn around as she handcuffed me. She told me i was going to jail on the charge of "Racing on a highway" . I told her about five times i was never racing but she didnt want to hear it. Needless to say the driver of the camaro went down with me. When we got down to the jail the cop told us that she didnt have us on radar or dash cam, but a witness called it in that we where racing. We did a total of three days in jail before we could bond out. WTF. ALL THIS OFF A THIRD PARTY WITNESS. This happened in Friendswood Tx for the record. I have no priors on my record, i just got out of the military, and i work for nasa now. My job that i hold requires me to carry a weapon and now possibly being convicted on a class b i might loose my job.

I called the police department to get a arrest report and it was comical. at the bottom of it in the narratives in just stated two vehicles were reported traveling at a high rate of speed and subsequently arrested. I talked to three lawyers this week and they all want between 4k-5k dollars to even start a file on me. I need some opinions guys. What should i do??
 

txyaloo

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Don't race on the highway in the future? You need an attorney. Racing on a highway is a Class B misdemeanor in Texas.

§ 545.420. RACING ON HIGHWAY. (a) A person may not
participate 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 a
vehicle; or
(5) in connection with a drag race, an exhibition of
vehicle 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 each
other; or
(B) one or more vehicles over a common selected
course, from the same place to the same place, for the purpose of
comparing the relative speeds or power of acceleration of the
vehicle or vehicles in a specified distance or time.
(2) "Race" means the use of one or more vehicles in an
attempt to:
(A) outgain or outdistance another vehicle or
prevent another vehicle from passing;
(B) arrive at a given destination ahead of
another vehicle or vehicles; or
(C) test the physical stamina or endurance of an
operator over a long-distance driving route.
 

AaronK

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I've gotten arrested for the same thing and I did NOTHING wrong. Similar situation. Except it was in Ft. Worth.

I lucked out and just went to court without an attorney. I ended up speaking with the DA and told her what happened and she cut a deal with me. Something called a "memo" I think. I had to do defensive driving and some community service and everything was dismissed.

If you can, an attorney would be a good bet. I think I just got lucky with a nice DA.
 

AaronK

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Well thank you for the info

I'm no expert, but with no proof, and just a third party calling in, I don't see it being too hard to fight. But you never know...

I understand how frustrating it is to be arrested for racing when you weren't racing at all. It blows my mind how someone can just accuse someone of something and BAM, in jail.

In my case, it was an officer accusing my friend and I of racing. I've always been respectful of LEOs my whole life, but the one that arrested me doesn't deserve a badge. I couldn't believe what he wrote on the police report. It was seriously flat out lies that he pulled out of thin air. I figured some cops might exaggerate a little, but this report was a work of fiction. Irritated the hell out of me. Thank heaven I was able to keep my job after being in jail for a while.
 

RDJ

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The behavior described in the op was certainly indicative of a street race the only thing missing was the three honks. So to me whoever called it in was justified.

There is really no advice to give get the attorney and try to work a deal and MAYBE keep your job or start looking for alternative employment

I will say that you need to report this to your employers security office. Try to hide it and you will be looking for new employment anyway

Sent from my ADR6350 using Tapatalk
 
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Mystic Z-28

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I got arrested for the exact same thing back in April of this year. And I wasn't racing either lol. It was about 11 pm on a saturday night. I was just speeding, trying to get away from some drunk d-bags in a silverado. Next thing I know I'm being pulled over by a state trooper who was sitting with his lights off somewhere and saw me doing like 90 in a 60 while the truck was trying to keep up. He didn't clock me either because he asked me how fast I was going. I just told him I didn't even look. Then he asked me why I was racing that truck, I said I wasn't I was just trying to get away from them because they sounded drunk and were yelling at me, making me a little nervous. None of that made any difference to him and he slapped the cuffs on me and took me in. I ended up getting this dropped to careless driving though when I told the DA the story. All I had was a public defender too. The gayest thing about this though was that the idiots in that truck got away scott free because the cop singled me out.

I suggest you just get a public defender and tell him that you were just revving your engine and not actually racing. Public defenders are not as shitty as people think they are at making deals. Hopefully get it dropped to exhibition of acceleration or something or a stop class. Good luck!
 

JerryC

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Get the lawyer, and shut up now. You should have shut up sooner.

In my teens I had a similar thing happen, some guy was bouncing his hood next to me in traffic. I did not rev or bounce back at him. I did laugh and point at his crap car.

I get pulled over a mile down the road. I followed the officer's direction exactly and was as courteous as I could be. He never asked me a question, I didnt offer any information.

In court the lawyer handled it all perfectly, worth every penny I paid him.

Sucks that for doing nothing wrong I had to pay what was a fortune back then, $500 (that's the same as my car cost), to prove my innocence. However it was much better than losing my license and having to pay a ton for car insurance for years afterward.

You have too much at stake to go it alone, lawyer up.
 

Chicostang

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Thanks for all the advice guys! I dont have a court date for at least six months so i guess the unknown will be racking my brain
 

Lt. ZO6

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OP, do you believe the way you were driving with the other vehicle (speeding up & slowing down several times) could have been construed as setting up for a race?
 

JerryC

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OP, do you believe the way you were driving with the other vehicle (speeding up & slowing down several times) could have been construed as setting up for a race?

Why would that matter? The officers didnt see it, some call in "thinks" it is race. If it had been you, would you think the arrest and jail time was valid?

I'm going to give the officers the benefit of the doubt, I think that it is likely the OP unknowingly said something that sounded like a confession and that is why the officer arrested him.
 

StangSupremacy

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Sorry to hear about that, I have heard that they are cracking down on "street racing" here in houston because of so many fatalities.
 

lucheski

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With speeding/racing allegations... You have no power. All it takes is the police accusation after which the "truth" doesn't really matter anymore. It is basically impossible to get out of without paying huge legal fees and you are not getting out of it without paying. You just need to decide WHO will negotiate for you on HOW you are going to pay. Sucks
 

JerryC

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i know this might sound like a newbie question but what does OP stand for?

Original Post or Original Poster

Remember when I said you should shut up? Let other people do the arguing. Anything you say can be used against in court. Even what you post here.

If you can, you should delete your posts regarding this matter.
 

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