"Racing on a highway" Arrest

[Chicostang]

ok

 

[FordSVTFan]

I figured im gonna need an attorney, but the part that bothers me is i was never racing

Reread your story, just because neither one of you "really wrapped out your cars just a little go and stop" doesnt mean you dont meet the definition of the statute, which you do. While you dont consider this full out racing, it is according to TX statute.

 

[03cobraaa]

Sorry to hear what happened. I had the "third party" issue before for people calling the police. Nothing came out of mine tho. Seems like some people have nothing better to do. Everyone bashes for street racing but you kno everyone has done it at least once...


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I am here: http://maps.google.com/maps?ll=40.305130,-79.965928

 

[JerryC]

Reread your story, just because neither one of you "really wrapped out your cars just a little go and stop" doesnt mean you dont meet the definition of the statute, which you do. While you dont consider this full out racing, it is according to TX statute.

I'm not a lawyer, however this is where I think a lawyer would target,

5) in connection with a drag race, an exhibition of
vehicle speed or acceleration or to make a vehicle speed record.


Worded such that the exhibition of speed is connected to a drag race.
The admitted acts do not meet the requirements for a drag race.

I'm sure what he did admit to is illegal, but it doesnt appear to me to be "racing on the highway".

To the OP, even IF I am correct, this doesnt mean that officer can't write you a different citation if the officer(s) feel like doing so. Get the lawyer and let them figure it out.
--------------------------------------------------------------------
§ 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.
----------------------------------------------------------------------

 

[gfcobra04]

I was almost arrested for the same thing; the cop (Pasadena, TX) said they have a reliable witness that called in & said I was changing lanes radically & ran a red light. They questioned me I denied everything. The cop also gave me a field sobriety test which I passed because I was not drinking, he finally let me go. After he let me go I almost ask the cop what if this person was lying about what he saw, but I knew better than to question a Pasadena cop like that. I had no idea you could call the cops & they would believe what a third party says without question.
Gary.

 

[JerryC]

I was almost arrested for the same thing; the cop (Pasadena, TX) said they have a reliable witness that called in & said I was changing lanes radically & ran a red light. They questioned me I denied everything. The cop also gave me a field sobriety test which I passed because I was not drinking, he finally let me go. After he let me go I almost ask the cop what if this person was lying about what he saw, but I knew better than to question a Pasadena cop like that. I had no idea you could call the cops & they would believe what a third party says without question.
Gary.

They know that what is called in may or may not be true, or entirely true. That is why they question you. They are looking to see if you will incrimnate yourself in what you say to them.

The police are doing their job, they arent after you, it's not personal. We'd all be upset if they ignored the reports entirely or failed to make reasonable tests to be sure you are safe to be on the road.

 

[Chicostang]

good info

 

[Mystic Z-28]

§ 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.
----------------------------------------------------------------------

To me this is a bunch of BS.

According to some of those rules. Every time someone passes a car on the highway or speeds up to get ahead of someone before their lane ends....they're committing a class w/e Misdemeanor.

 

[Outlaw99]

pics of female officer?

 

[trevkm7]

this is kind of funny,I was video taping an actual street race from a chase car and while shutting down after the race the cars were at about 90mph braking hard and a cop booked for the cars in the race,turned the lights on,the whole nine yards. Then got behind one of the cars like he was going to pull them over..shut the lights off and kept going. You got the shit end of the stick for sure.

 

[DaleM]

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??

Pay now and notify your Security Manager of the incident. Trust is what got you in that position show them they can trust you to inform them. Bad news does not get better with age and they would rather hear it from you.

 

[txyaloo]

To me this is a bunch of BS.

According to some of those rules. Every time someone passes a car on the highway or speeds up to get ahead of someone before their lane ends....they're committing a class w/e Misdemeanor.

Feel free to write the Texas Legislature and bitch to them. They'll be in session again in 2 years.

 

[Black*Death]

They have nothing.....You and the other driver were simply accelarting quickly to show what you cars can do....that is not racing..especially if you were taking turns....Likely guilty of some illegal acceraration or exhibition of speed..but not racing...

 

[SVTPete83]

Hey op? Do you live in Chico ca?

 

[FordSVTFan]

I'm not a lawyer, however this is where I think a lawyer would target,

5) in connection with a drag race, an exhibition of
vehicle speed or acceleration or to make a vehicle speed record.


Worded such that the exhibition of speed is connected to a drag race.
The admitted acts do not meet the requirements for a drag race.

I'm sure what he did admit to is illegal, but it doesnt appear to me to be "racing on the highway".

To the OP, even IF I am correct, this doesnt mean that officer can't write you a different citation if the officer(s) feel like doing so. Get the lawyer and let them figure it out.
--------------------------------------------------------------------
§ 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.
----------------------------------------------------------------------

I am a lawyer and I can tell you his statement that I quoted is probably downplayed as to what was witnessed and that meets the elements of the crime. Further, at his first appearance if the arrest affidavit did not contain probable cause he would have been released.

If it is truly a third party witness alone without any other corroboration then if that witness does not come forth at trial or is unreliable or can be defeated by cross exam, there is a good chance he will get off.

However, in my experience as a LEO and Prosecutor there is more to the story.

 

[FordSVTFan]

They have nothing.....You and the other driver were simply accelarting quickly to show what you cars can do....that is not racing..especially if you were taking turns....Likely guilty of some illegal acceraration or exhibition of speed..but not racing...

You need to not give legal advice because you arent even close to accurate.

 

[Synister500]

I know this sucks but, unfortunately it is not the officer's responsibility to decide guilt or innocence. That is up to the judge. As previously stated if the prosecution can not produce a reliable witness then most any attorney would be able to help you. Again be honest with your employer now; don't let them find out about 3rd party or after the court date.

BJ

 

[RDJ]

They have nothing.....You and the other driver were simply accelarting quickly to show what you cars can do....that is not racing..especially if you were taking turns....Likely guilty of some illegal acceraration or exhibition of speed..but not racing...

This is "exhibition of speed" to a T and is exactly what the law was written for, and why it is a separate charge from street racing

Sent from my ADR6350 using Tapatalk

 

[JerryC]

I am a lawyer and I can tell you his statement that I quoted is probably downplayed as to what was witnessed and that meets the elements of the crime. Further, at his first appearance if the arrest affidavit did not contain probable cause he would have been released.

If it is truly a third party witness alone without any other corroboration then if that witness does not come forth at trial or is unreliable or can be defeated by cross exam, there is a good chance he will get off.

However, in my experience as a LEO and Prosecutor there is more to the story.

I hope that my posts would have given the you the impression that I agree with you on this. I don't know for sure but I have my doubts about his actions and statements.

 

[01Jes]

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

So much truth in this post.