Exhibition of Speed TICKET!

[Thats Clutch]

I went out the other afternoon with my buddy. He rides a Buell with a full exhaust system(loudest bike I have ever heard) , I was on my 600rr with my stock exhaust. Went out for a cruise and we rode by a street with some bars on it. We had buddies at the bar and were going to stop by. We rode by once to look for parking. Pulled a U turn at the stop sign. ( rolled it slowly because their was not one car on the road) Rode back by the opposite way and my buddy revved it showing off passing the bars again. . I guess a cop was nearby and heard us roll down the street the first time and pulled out and waited for us on the way back.

Well my buddy showing off was out of their, long gone and way ahaid of me. I was behind with my stock exhaust not really looking to cause a roar (Usually have Hyperflo Exhaust but it fell apart and is getting fixed) . The cop caught up to me and pulled me over. He cited me for a Exhibition of speed ticket and a fail to stop ticket and expired registration !!! FML He said I rolled the stop sign making a U turn and we were racing each other up the street. I was no where near my buddy and we were not racing at all, and I wasn't showing off and revving. On the ticket it says the posted speed is 35mph and I was going 25mph (stated on the ticket). So the ticket even says I wasn't speeding.

I know that it was an idiotic move all around and I deserve the registration and stop sign ticket(i guess) but he really threw the book at me with the exhibition of speed.. Looking for your guises advice and knowledge of the law and what the hell to do about this. Should i hire a traffic attorney?

[tenjin]

Originally Posted by Thats Clutch

I went out the other afternoon with my buddy. He rides a Buell with a full exhaust system(loudest bike I have ever heard) , I was on my 600rr with my stock exhaust. Went out for a cruise and we rode by a street with some bars on it. We had buddies at the bar and were going to stop by. We rode by once to look for parking. Pulled a U turn at the stop sign. ( rolled it slowly because their was not one car on the road) Rode back by the opposite way and my buddy revved it showing off passing the bars again. . I guess a cop was nearby and heard us roll down the street the first time and pulled out and waited for us on the way back.

Well my buddy showing off was out of their, long gone and way ahaid of me. I was behind with my stock exhaust not really looking to cause a roar (Usually have Hyperflo Exhaust but it fell apart and is getting fixed) . The cop caught up to me and pulled me over. He cited me for a Exhibition of speed ticket and a fail to stop ticket and expired registration !!! FML He said I rolled the stop sign making a U turn and we were racing each other up the street. I was no where near my buddy and we were not racing at all, and I wasn't showing off and revving. On the ticket it says the posted speed is 35mph and I was going 25mph (stated on the ticket). So the ticket even says I wasn't speeding.

I know that it was an idiotic move all around and I deserve the registration and stop sign ticket(i guess) but he really threw the book at me with the exhibition of speed.. Looking for your guises advice and knowledge of the law and what the hell to do about this. Should i hire a traffic attorney?

if all is as you say it is

then take him to court

make him prove it

the only documentation that he appears to have is that of you going below the speed limit.

[skoobie snacks]

^ this.... judge will throw it out. My still get the expired reg (4000(a)1 cvc) which is a $25 fix it ticket. Better then the exhibition of speed that carries a bigger fine plus points

[CK_32]

Court.. He probably won't show.. Being your bike so if must be you can tell him oh you mean my stock quiet pipe when you meant to site the other guy (don't be related)..

You have a very open case. I'd challenge it. I've won worse

[attran84]

Not to thread jack or anything but how did your hyperflo break? Just asking cause I have one.

[COBRA90GT]

Can't say I'm surprised at the outcome of what happened. Revving down a bar district is just begging for the wrong kind of attention. Be sure to thank your buddy appropriately. :)

[brmoore]

This sounds alot like my parking ticket I got here in the UK.

I fought it, I won.

[Eurodriver]

Cops get paid and are required per department policy to show up at court. Don't bet on him not showing up.

So now we have a courtroom where a biker going up and down a street with bars (was this late at night?) With an expired registration is going to challenge the word of a sworn law enforcement officer.

Yeah. Not happening.

[Eurodriver]

Not sure why I can't edit on my phone. But I see it wasn't at night. Either way, you'd just have to pay more if you take it to court.

Unless you're Perry mason or something.

Sent from my XT907 using Motorcycle.com Free App

[crashkhanman]

Just some information that could help: Knowledge is power.




"23109. (a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest.

(b) A person shall not aid or abet in any motor vehicle speed contest on any highway.

(c) A person shall not engage in ( )1 a motor vehicle exhibition of speed on a highway, and ( )2 a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.

...

(i) ( )8 A person who violates subdivision (b), (c), or (d) ( )9 shall upon conviction ( )10 of that violation be punished by imprisonment in a county jail for not more than 90 days, ( )11 by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment. "


"2202. Exhibition of Speed
The defendant is charged [in Count ______] with engaging in an exhibition of speed.

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant drove a motor vehicle on a highway;

AND

2. While so driving, the defendant willfully engaged in an exhibition of speed.

Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.

A person engages in an exhibition of speed when he or she accelerates or drives at a rate of speed that is dangerous and unsafe in order to show off or make an impression on someone else.

[The People must prove that the defendant intended to show off or impress someone but are not required to prove that the defendant intended to show off to or impress any particular person.]

[A motor vehicle includes a (passenger vehicle/motorcycle/motor scooter/bus/school bus/commercial vehicle/truck tractor and trailer/ <insert other type of motor vehicle>).]

[The term highway describes any area publicly maintained and open to the public for purposes of vehicular travel, and includes a street.]"

[crashkhanman]

Based on what I'm reading....with a proper attorney I believe you can get this ticket thrown out. Yes, your friend was showing off by revving his engine and he "may" have been speeding...

BUT

You clearly (by proof written on the ticket) were not "showing off by means of speed" If you quickly accelerated...he would need to prove that (spinning wheels, whoolies....etc)

Bottom line....get an attorney and fight it.

[Moeman]

The fine for the stop sign and the expired registration will probably stand but the speeding one won't the speed stated on the ticket was less than the posted speed so how can you be speeding or even exhibiting speed should not stand lawyer up and fight it

[crashkhanman]

Originally Posted by Moeman

The fine for the stop sign and the expired registration will probably stand but the speeding one won't the speed stated on the ticket was less than the posted speed so how can you be speeding or even exhibiting speed should not stand lawyer up and fight it

Im no expert but you don't have to be breaking the speed limit to exhibit speed. Under this law supposedly accelerating hard can do it. What is accelerating too hard?? Thats the million $ question.

[jskateborders]

Originally Posted by crashkhanman

Im no expert but you don't have to be breaking the speed limit to exhibit speed. Under this law supposedly accelerating hard can do it. What is accelerating too hard?? Thats the million $ question.

No you don't. Accelerating to quickly based on the officer's discretion unfortunately so it really comes down to the judge.

[X-treme1]

Okay, so how quickly could you possibly accelerate to 25mph?? This cop was just a ****. I wouldn't even waste the money for a lawyer, just show up to challenge it and the judge will throw it out. People seem to think that the judges and cops work hand in hand, but I've seen judges read cops the riot act for abusing their authority and writing unwarranted tickets. And if it is an ******* cop who does this all the time, the judge will remember him.

[X-treme1]

Okay, so how quickly could you possibly accelerate to 25mph?? This cop was just a ****. I wouldn't even waste the money for a lawyer, just show up to challenge it and the judge will throw it out. People seem to think that the judges and cops work hand in hand, but I've seen judges read cops the riot act for abusing their authority and writing unwarranted tickets. And if it is an ******* cop who does this all the time, the judge will remember him.

[Eurodriver]

Originally Posted by X-treme1

Okay, so how quickly could you possibly accelerate to 25mph?? This cop was just a ****. I wouldn't even waste the money for a lawyer, just show up to challenge it and the judge will throw it out. People seem to think that the judges and cops work hand in hand, but I've seen judges read cops the riot act for abusing their authority and writing unwarranted tickets. And if it is an ******* cop who does this all the time, the judge will remember him.

This is entirely true.

But look at what the judge is going to see:

Young guy on a bike with expired registration cruising up and down a popular street trying to attract attention.

Guaranteed.

[Thats Clutch]

Originally Posted by attran84

Not to thread jack or anything but how did your hyperflo break? Just asking cause I have one.

A bolt on one of the cans fell off while riding. Then I guess their was too much pressure on the other two bolts and the carbon fiber can tore where the other two bolts were. So one can popped up and out of the clamp and was teetering about to fall and hit another rider behind me. Luckily the rider came beside me and told me. Then the wire harness melted and shorted out my whole gauge cluster because of the heat that was exposed from the straight pipe haha.


Sent from my iPhone using MO Free

[Thats Clutch]

Thanks for the input guys, I think I'm going to hire a traffic attorney to help me out seeming this is a fair amount of points on my record and I feel I'm not at fault for the exhibition of speed.

Does any one know of a good traffic attorney in the LA so cal area? I tried googling one bit it just came up with the traffic doctor and all these other companies that look like a scam.


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[HardRacing.]

Seem's like stuff like this is happening a lot more these days.

.

[COBRA90GT]

Originally Posted by HardRacing.

Seem's like stuff like this is happening a lot more these days.

Squidly riding behavior? I agree!

[CK_32]

Originally Posted by crashkhanman

Im no expert but you don't have to be breaking the speed limit to exhibit speed. Under this law supposedly accelerating hard can do it. What is accelerating too hard?? Thats the million $ question.

No all it takes is a rev or spin of the tires to show speed to the cops pretty much any initiation of a faster than normal drive even if its a quick 2 to 25 MPH dash its still showing speed and they can grab you..

That's what makes burn outs illegal on top of noise complaint.

[jskateborders]

Originally Posted by HardRacing.

Seem's like stuff like this is happening a lot more these days.

.

States need Revenue

[dsp jaggar]

especially California haha

[boostedlt1]

i thought quick acceleration was a "exhibition of power" ticket?

when we were in vegas my buddy i was riding with (in a car) was waiting to make a right, there was a small break in traffic so he pulled out and just did a quick first gear pull up to like 40/45mph, granny shifting to second, no tire squeal or anything and that's the ticket he got

[CK_32]

Originally Posted by boostedlt1

i thought quick acceleration was a "exhibition of power" ticket?

when we were in vegas my buddy i was riding with (in a car) was waiting to make a right, there was a small break in traffic so he pulled out and just did a quick first gear pull up to like 40/45mph, granny shifting to second, no tire squeal or anything and that's the ticket he got

It can be anything showing engine power pretty much

Burn out.. Revving or quick acceleration.

[tary preisser]

this is a response to the foreseen budget cuts.....

revenue collection is job one!

[boostedlt1]

Originally Posted by CK_32

It can be anything showing engine power pretty much

Burn out.. Revving or quick acceleration.

what i was trying to say is i thought that

exhibition of power = burnout, revving, accel

exhibition of speed = racing/extreme speeding


everyone i know thats got a exhibition of speed was street racing doing over double the speed limit or doing 20+ over the speed limit cruising by themselves


im assuming they're pretty much just interchangeable? as most of the time if you're breaking one you're probably guilty of both

[TRIBAL05BLACK]

Originally Posted by Moeman

The fine for the stop sign and the expired registration will probably stand but the speeding one won't the speed stated on the ticket was less than the posted speed so how can you be speeding or even exhibiting speed should not stand lawyer up and fight it

MoeMan it was exhibition of speed!!!!!!!!!!

HE WAS EXHIBITING HOW WELL HE COULD CONTROL HIS BIKE AT UNDER THE SPEED LIMIT!!!!!

TROLOLOLOLOLOLOLOL

Good Luck dude, fight the pigs make the courtroom smell like bacon!

[Owns24]

I'd try and fight it, you have a stock exhaust and you were going 10 under the posted limit.


-Owns