Stopped and ticketed. In my driveway.

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nathanralph

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STG said:
Yeah, but the POLICE were around, weren't they?

What's the matter with you? They wear uniforms and drive around in plainly marked cars. You didn't see them???

Why don't you make sure at least some neurons are engaged before doing a drag launch?

I was behind a privacy fence on private property. The cops were far enough away that when the bicycle cop got to my property she was out of breath.

Forgive me for not looking for cops when I'm not breaking the law.
 

65mph_Roll

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You're going to fail the "reasonable man" test - most of us know that we could do what you did with our Cobras, but the average "reasonable Joe" doesn't understand and will think it's about just shy of a top fuel dragster practice run in your driveway, pointed at a building inhabited by, well, innocent human beings. better hope the judge is a car guy...
 

SL 1993 R

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There are two factors for this. One, does this vehicle code section apply to off street private property. As the section is written, it may well do so. Second, was the start unsafe. Does the spinning of the tires immediately constitute an unsafe start. A case I located is an interesting read in that question, and may assist in your defense... http://209.85.173.104/search?q=cach...le+code+unsafe+start&hl=en&ct=clnk&cd=1&gl=us
 

STG

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There are two factors for this. One, does this vehicle code section apply to off street private property. As the section is written, it may well do so. Second, was the start unsafe. Does the spinning of the tires immediately constitute an unsafe start. A case I located is an interesting read in that question, and may assist in your defense... http://209.85.173.104/search?q=cach...le+code+unsafe+start&hl=en&ct=clnk&cd=1&gl=us

You left out the third and most important factor: The probablity that the OP will hang himself in court the minute he opens his mouth.:bash:
 

Relaxed Chaos

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Removed by moderator as you exceeded your level of inaccurate posts.
 

MoreBoostPlease

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At the end of this moron's driveway is what looks to be a used car lot. Had his brakes failed or he lost control of the Cobra, property/personal damage could have occurred. Being "reckless" is not in and of itself "causing damage", it's putting yourself in the situation where injury/damage could easily occur because of your reckless actions.

You were reckless. No you didn't harm anyone, but the same flawed logic could be applied to attempted murder charges(no one was killed so what's the big deal).

Accept responsibility for your actions. In other words, grow up.
 

MoreBoostPlease

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Make sure you are not trying to prove you are innocent. Let the office prove your guilt.

Get a lawyer if you have the coin. Otherwise come prepared with some evidence that you know how to handle your car and that this was not an "unsafe start" as the ticket claims. The evidence I am thinking of is some timeslips from the drag strip or some certs or approvasl that you are allowed to drive on the local road course.

Spinning tires is not in itself an unsafe act. Be ready to prove that you know how to handle your car.

I don't know that time slips will help your case in court, but I do understand your logic(a good 60ft time could possible show that the OP can control a vehicle under strong acceleration). However, a driveway is not a dragstrip.

I will argue that spinning a vehicle's tires IS an unsafe act. I said it before.....you are intentionally causing the tires to lose grip, aka "control". Being that the tires are the only part of a vehicle making contact with the road, once they lose control, the car has also technically lost control. While it may be a somewhat controlled act, there are too many variables to consider it safe. A tire could blow out, axle could break, back end could spin around, etc.
 

ZChaos0026

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I don't get it. You effed up. You got caught. You came here and asked a question, got an answer and didn't like it. You continued to argue your side and didn't sway the answer you got from LEO's. So you posted pictures of the scene. These pictures show that you effed up. Now even non-LEO's are telling you that you effed up. Yet you still argue your point because you don't think it's right. See, thats the beauty of the law. It doesn't matter what you think...

My advice to you...quit defending yourself here and contact a lawyer if you still wish to take your citation to court. The more you say here, the more to admit guilt in the eyes of the law.

You don't like the law, do something about it, but don't tell us that we are wrong. We do what our thick books tell us to do and until a change is made to something in this book, we don't change what we do.
 

SideOilerF100

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Indiana case law says:

I was ticketed for "unsafe start" under IC 9-21-8-23

Starting a vehicle that is stopped, standing, or parked
Sec. 23. A person may not start a vehicle that is stopped, standing, or parked until the movement can be made with reasonable safety.
As added by P.L.2-1991, SEC.9.

http://www.in.gov/legislative/ic/code/title9/ar21/ch8.html

It's not a criminal charge regardless.

Indiana case law:

http://www.in.gov/judiciary/opinions/previous/archive/10180001.lmb.html

Cops had no right to ticket him period!
 

Scout238

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All the case law says is squealing does not equal unsafe start by itself. It has to violate the reasonable safely portion of the section. Which is what everyone was saying that he did not appear to be reasonably safe when he did it. Either way, I think it will depend on the type of judge you have.
 
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Relaxed Chaos

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*removed by moderator - dont post in this forum until you read the rules and are willing to follow them*
 

nathanralph

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STG said:
You left out the third and most important factor: The probablity that the OP will hang himself in court the minute he opens his mouth

I'm not going to disagree with you here. I don't want to say anything stupid in court so I'll have an attorney.

MoreBoostPlease said:
At the end of this moron's driveway is what looks to be a used car lot. Had his brakes failed or he lost control of the Cobra, property/personal damage could have occurred. Being "reckless" is not in and of itself "causing damage", it's putting yourself in the situation where injury/damage could easily occur because of your reckless actions.

You were reckless. No you didn't harm anyone, but the same flawed logic could be applied to attempted murder charges(no one was killed so what's the big deal).

Accept responsibility for your actions. In other words, grow up.

That's seriously your logic? My brakes could fail in ANY situation, causing harm to vehicles etc. The possibility of vehicle brake failure doesn't negate the fact that public traffic laws don't apply to private property, and I didn't leave private property. I didn't even come to within 50 feet of the road, much less the car lot.

Relaxed Chaos said:
It is illogical to say that he could have hurt somebody given entirely different conditions and an entirely different outcome. This could be true of every single situation. I could have ran over a bus stop full of kids on the way to work this morning while eating a burrito. Does this make burrito eating an unsafe act? The fact is I didn't, but regardless it says nothing about the relative safety of eating a burrito while driving. They are mutually exclusive!

This is what people aren't seeming to understand. Yeah, I COULD have gone onto public property and broken a traffic law, but I didn't. My brakes COULD fail in ANY situation, but they didn't.
 
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