Criminal Exibition of Speed

**sublime1365** · 10-02-2011, 03:02 PM

Left a local car show parking lot last night..waiting to make a left at the light to turn out on main drag..Only car at the light.

Upon green I made my left and goosed it a little which caused some tire squeel but nothing crazy...a few chips before the traction control kicked in etc...no excessive speed or anything as there was a car in front of me that had just turned right from the opposite corner.

Got on the freeway and about 3 miles down the road was pulled over and sited for 'criminal exibition of speed' at that corner as he was at a restaraunt parking lot on that corner.

He wrote my speed as 15mph in a 35mph and said my tire squeeling falls into that category of the citation. Yep..you heard right - 15mph. Kind of tough to get crazy at that speed. Is it possible he wrote it this way to give me an out???

I am guilty of the slight tire squeel..but I was quite surprised by the charge as it fell into the street racing etc category of reasonable and prudent speed etc. He explained they are really cracking down in this area due to complaints etc - which I understand..he was totally cool about it. The interpretation just seems so brawd that theres a lot of wiggle room IMO.

Thought he was going to just warn me as I have zero violations on my record (which he acknowledged). My thoughts are that it is a bit of an extreme charge based on his own notes of speed etc. Im 44 and not one of the young tuner crowd that scream out of there each saturday night and gets crazy etc. Im pretty sure he probably wrote 10 more later in the night for the same stuff as a part of the crack down.

I plan on the mandatory court appearance of course to explain my case in a profession matter and perhaps plee to lesser or have it completely tossed.

Thoughts?

**05Silver_C** · 10-02-2011, 03:17 PM

At most it sounds more like "unsafe starting"

Which I got in NY in lieu of a wreckless driving (officer liked my car) for smoking tires hard all the way around a corner and through the intersection

**CDesmondO** · 10-02-2011, 09:18 PM

Have someone send you a photo uf some really abused tires (around 3/32nd tread). Take a pic of new meats, take both pics with you. Explain to the Judge that the reason your tires chirped was due to poor tread wear and show him the old pic. Explain that you have seen the light and purchased new tires.

**Ron380** · 10-02-2011, 09:42 PM

^ Then he'll get an "unsafe equipment" violation added on!

Yeah, that ticket sounds pretty bogus to me.

**rrod436** · 10-02-2011, 09:46 PM

Weak ticket...

**check6x** · 10-02-2011, 10:00 PM

Give up the location, save some of your comrades. I am planning on being in Phoenix in a couple of weeks.

**honu** · 10-02-2011, 10:06 PM

Please understand, I'm just providing information based on my experience and knowledge of laws pertaining to traffic code enforcement.. I'm not criticizing anyone.

In most cases, high speed does factor into a charge of "Exhibition of Speed", because the person committing offense continues to accelerate. The actual speed though, while not a primary element of the violation, can be an "aggravating factor"... in your case, merely breaking traction was apparently sufficient for the issuance of the citation.

As with any traffic code, each state's specific law can vary... in California, breaking traction is citable.

As for a defense, should you "explain" the circumstances as honestly as you have here, you run the risk of a judge applying a relatively harsh "sentence"... anything associated with street racing and/or Exhibition of Speed... is subject to some pretty stiff penalties now days.

What you might do is contact the prosecutor's office prior to the date set for your appearance and offer a plea for Unsafe Starting, in lieu of the standing allegation. In a sense, it will be a guilty plea, but to a much lesser charge... and it sounds quite reasonable that the prosecutor may agree to such a deal. The circumstances as you described them don't seem "aggravated". The prosecutor in the city where I worked would have definitely agreed to that resolution.

Whatever happens, best of luck...

**bipto** · 10-02-2011, 10:15 PM

Johnny Law doesn't like squealing tires, this is just his way of making sure he can punish you for it even though no other laws were broken. In my neck of the woods they call this "Intentionally Breaking Traction" or "Misuse of Power"...

Sent from my Droid X2 using Tapatalk because I know you give a rat's ass...

**sublime1365** · 10-02-2011, 10:39 PM

Originally Posted by check6x

Give up the location, save some of your comrades. I am planning on being in Phoenix in a couple of weeks.

The 101 Freeway and Indian Bend. Large 20yr+ running cruise in - so they really only hang out there Saturday nights.

**Green_Manalishi** · 10-02-2011, 10:48 PM

Originally Posted by bipto

Johnny Law doesn't like squealing tires, this is just his way of making sure he can punish you for it even though no other laws were broken. In my neck of the woods they call this "Intentionally Breaking Traction" or "Misuse of Power"...

You're right, the judges don't like squealing tires. You do mean judges, don't you?

As far as the judges punishing someone for violating one law, "even though no other laws were broken", well, they do it all the time...

**ZeGuru** · 10-02-2011, 10:49 PM

Got the same ticket in MN back in 2003. Back then, I was cited for "Unreasonable Acceleration" - Wasn't speeding, but broke the tires loose getting to 30mph.

Cop was nice though.

**honu** · 10-03-2011, 02:16 AM

Originally Posted by bipto

Johnny Law doesn't like squealing tires, this is just his way of making sure he can punish you for it even though no other laws were broken. In my neck of the woods they call this "Intentionally Breaking Traction" or "Misuse of Power"...

Sent from my Droid X2 using Tapatalk because I know you give a rat's ass...

There seems to be this oft repeated fallacy that a police officer, by issuing a citation, making an arrest or filing a case with the Prosecutor's Office, is, in some way "punishing" an individual. Nothing could be further from the truth. It is NOT within the purview of a police officer to "punish" anyone.

An officer, either by observing what he believes to be a violation, or through an investigative process, issues a citation or otherwise charges someone with a crime, he merely begins the criminal justice process.

For anyone to be "punished", a case for the prosecution must be presented before a judge. The defendant has the constitutional right to confront and question his accuser(s) and to present witnesses and/or evidence on his/her behalf.

Only after the court (judge) has heard all testimony and examined all evidence, is a verdict reached. Then and only then, is any "punishment" imposed... and it's a decision made solely by the judge, working within strict sentencing guidelines... the police have NO input on any sentencing decisions, period.

Bottom line is, the police don't enact laws, they merely enforce the statutes legislatures or regulatory bodies pass into law. No matter how many times people say it, claiming LEO's make laws up out of thin air, is unequivocally untrue...

Should an officer try such a thing, a couple of things will very quickly occur...

1. The "case" will go absolutely nowhere, and...
2. The officer will find his career will be coming to a screeching, grinding halt in very short order.

**I fly 2** · 10-03-2011, 12:51 PM

I got pulled over a few weeks back for breaking traction leaving a stop light and getting slightly sideways. There were other cars at the light going in the same direction as me, but I was well past them when the back end kicked over just a hair. Anyway, I got down the road about a 1/2 mile and then the the police officer flipped the lilghts on. I pulled over and handed him my liscense and insurance card. I didn't say a word other than acknowledge the fact of what I had done. He was gonna give me a ticket for careless and imprudent driving. He came back to the car and said that I seemed like a good guy and he really liked my car, therefore I only got a warning. I got lucky on that one.

**JohnTi** · 10-03-2011, 03:42 PM

My tires chirp all the time, especially when it's wet out (which it always is in the PNW) got pulled over for the same thing. Officer walked up and gave me the same speech, told him too much torque on wet pavement, tapped the hemi decal by my door, he laughed and got a verbal warning. Some officers dig the hemi!