"Racing on a highway" Arrest
- Thread starter Chicostang
- Start date
Hey FordSVTFan. I wanted to ask a question after reading all of this.
Would the person making the statement of "they saw them racing" not have to appear in court to testify against the drivers? I did not see this brought up and I thought it would be a good case point. To me how can they prosecute you if you do not have an eye witness who will stand up in the court of law to testify to such. Especially since the police did not actually see them "highway racing." Just wondering.
Reason why I am asking. A nut in this area has a 2011 Kona Blue 5.0 GT. The reason I say nut is I know him and he drives, races and performs stunts that are crazy. On the highway mostly. Well I had an off duty LEO come up to me a couple of weekends ago and told me I needed to slow it down because he had reports "of a color changing" Mustang running 80+ in a 25 and so on. He said since I had the only color changing Mustang in the area he said it had to be me. I looked at him and told him my car had not been on the road since September and the guy he was looking for was so and so. Also how does someone justify telling a LEO that it was me when in actuallity it was not me. Again just wondering.
Would the person making the statement of "they saw them racing" not have to appear in court to testify against the drivers? I did not see this brought up and I thought it would be a good case point. To me how can they prosecute you if you do not have an eye witness who will stand up in the court of law to testify to such. Especially since the police did not actually see them "highway racing." Just wondering.
Reason why I am asking. A nut in this area has a 2011 Kona Blue 5.0 GT. The reason I say nut is I know him and he drives, races and performs stunts that are crazy. On the highway mostly. Well I had an off duty LEO come up to me a couple of weekends ago and told me I needed to slow it down because he had reports "of a color changing" Mustang running 80+ in a 25 and so on. He said since I had the only color changing Mustang in the area he said it had to be me. I looked at him and told him my car had not been on the road since September and the guy he was looking for was so and so. Also how does someone justify telling a LEO that it was me when in actuallity it was not me. Again just wondering.
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With any criminal charge, such as racing or reckless driving, the burden is on the state to prove their case beyond and to the exclusion of every reasonable doubt. A criminal ticket is a non custodial arrest and therefore in the case of a misdemeanor it almost always must be observed by the officer or have other reliable evidence to prove the charge.
In this specific incident, if the officer did not observe any activity that meets the elements of the crime the prosecution would need a witness to testify to facts that substantiate the elements of the crime. However, I am willing to bet there is more to this than a "witness" just called in. There is also a thing called the "fellow officer rule" which allows one officer to report something to another and it is considered as if that second officer witnessed it himself for purposes of arrest.
Makes a lot of sense the way you explained it. I just wondered since I had not seen it brought up. I really appreciate your response.
No worries, glad I could help clarify things for you. :beer:
Yeah my bro said there was this incident on the site he's on, LS1GTO or something like that. He said the same set up and the only way the OP could be in trouble is if the person showed up to testify and if they didn't they would reschedule. But my thinking is there would be a very slim chance of someone showing up but I guess u never know. Good luck
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You bumped this thread to offer that awesome nugget of advice?
Yeah I just got arrested friday for racing down a I-45 in The Woodlands, TX on friday. really made me change my mind about street racing, but anyways they hit me for Acceleration Contest. Do you LEO's know if that comes with a speeding ticket? or just a street racing ticket? learned my lesson though
whatever else it comes with it will include a criminal record.
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I believe the State has more evidence then one report from an eye witness. The third parties information alone would have not lead to an criminal arrest. The OP would've been stopped, questioned, then ultimately released if NO other evidence was present. I believe one of the four Tahoe's may have possibly witness "racing like driving." I say "racing like driving" because your definition of racing is far from the Prosecuting State's definition, and not to be rude or offensive But, the State's definition is the only one that means shit right now. It's you against the State not you against Webster's dictionary. I suggest getting a lawyer OP and take a driving clinic before your court date. I wish you the best.:thumbsup:
Went to court this morning and the da dropped my charge to a speeding class c with a $200 fine
Thanks for the update...I said that from the beginning...
Amazing the Sea lawyer got this one right!
I stated, if your story was true, you had nothing to worry about and the crap storm started here.
Here come the excuses!!!!!!
Charges get dropped and reduced all the time. It doesn't mean the person getting charged wasn't guilty of the original charge.
It's cute how you think you are right though. Another holier than thou Californian talking out of their ass. Who would've thought.
How am I not right? So it wasn't thrown out or reduced?... OK!
"holier than thou".. How am I being holier than though? Just pointed out what happened is what I thought would happen
Not from California...do not suscribe to the state's "progressive" way of thinking at all. You are from Montana you must not know anything except farming and ranching...see how that works?
I am cute though..thanks...well at least my wife thinks so.
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Happens very often.
Maybe Black Death could gloat if the OP was found Not Guilty, but guilty of a reduced charge... That's hardly a Win. More of a tie.
CPRsm
Active Member
Or one could look at it as the DA didn't see/have enough proof to actually press it as racing ?
All I originally said was, as OP presented his story, I thought he had a could chance of getting out of racing on highway and likely some sort of acceleration or speeding infraction.
That is what happened. Sorry a few people got it wrong but that is what exactly happened.
I am sure if he was found guilty of "racing on the Highway" by the judge, then I would hear about it as well.
That is closer to reality. What happens often is you file an information (charging document in criminal case) based on the facts at that time knowing you meet the elements of the crime. Then along the way things change or you lose a witness and cant make that charge anymore. Not that it didnt happen. So, you offer a low ball plea or are forced to nolle pros.
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