3800 For "anyone" that was "street tracing"

[Partyhardoo69]

As many of you know two people were arrested at the ilgpc event for "street racing". The way I understood it was that they were caught AFTER the race and the cop never saw them racing. If that’s not what happened then the fowling will not apply.

I talked to my mom who is a lawyer. I told her what happened and she said it will get thrown out in court. The cop had no probable cause to arrest them. She also said that because the cop didn't have the right to arrest them they can't be charged with having drugs in the car or having alcohol in the system.

If this isn’t what happened, fill me in and ill talk to her again.

Click to read more...

 

[Ricky Gonzalez]

thats basically what happened. he didnt see us "racing" what he saw was Leo Pass me on the way to the mod day and miss the turn into the house. thats when i turned in and saw the cop. Leo then followed. there was no "racing"

edit: he was about a mile down the road and said we were doing 140 mph. we have stock pcm's and cant go past 126. but even then we werent going faster than 100. theres no way he could have clocked us and he lost sight of us after that.

 

[Partyhardoo69]

Originally posted by Ricky Gonzaelz@May 23 2006, 04:41 PM
thats basically what happened. he didnt see us "racing" what he saw was Leo Pass me on the way to the mod day and miss the turn into the house. thats when i turned in and saw the cop. Leo then followed. there was no "racing"

edit: he was about a mile down the road and said we were doing 140 mph. we have stock pcm's and cant go past 126. but even then we werent going faster than 100. theres no way he could have clocked us and he lost sight of us after that.

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She said unless he has proof of the speed (i.e radar gun, it doesnt matter).

 

[Ten32]

He could have paced you for proof of speed (i.e. "I was travelling toward them at 100 mph and they were still pulling away from me). IF (big giant 'IF') all was as it's been written, it sounds like the charge is likely to get reduced to simple speeding. "Drag racing" is a difficult charge to prove in court.

However, if the officer is able to prove that he saw you travelling that much in excess of the speed limit (and for that fast, yes his vision might be enough depending on the judge), the stop will still be kosher and any drugs or alcohol evidence found will still be admissible. If the judge rules that there was no probable cause for the stop, the evidence will not be admissible (fruit of the poison tree doctrine). It sounds to me like you guys need some legal representation.

All that said... why in the hell were you going that fast? I hate to be a mother hen here, but come on, safety should be paramount. There was going to be plenty of fast driving at the track. Oh, and Ricky, police radar is good at extremely long ranges provided there is a line of sight. If he saw you, he could have clocked you.

 

[gtphale]

since they have admitted to racing i'd think that they are now screwed.

 

[Fish]

Originally posted by gtphale@May 24 2006, 06:13 AM
since they have admitted to racing i'd think that they are now screwed.

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True. Granted like I said at the mod day. How are they going to say it was another red and silver GP with black rims?? :lolsign: There were no other ones.

 

[PANDA]

All that said... why in the hell were you going that fast?

If you were there and you saw the smooth roads for miles you would want to drive fast also. I will admit I took a few people for rides in the TA and drove really fast down the streets. It was fun, because I cant do that kinda stuff around my house. You might say save the racing for the track, but there was no track right outside this house at the time, so driving fast and or racing seems like a safe thing todo on a secluded contry road. No one is really endangered but the racers.

 

[xierxior]

Originally posted by vipermike2002@May 24 2006, 07:08 AM

All that said... why in the hell were you going that fast?

If you were there and you saw the smooth roads for miles you would want to drive fast also. I will admit I took a few people for rides in the TA and drove really fast down the streets. It was fun, because I cant do that kinda stuff around my house. You might say save the racing for the track, but there was no track right outside this house at the time, so driving fast and or racing seems like a safe thing todo on a secluded contry road. No one is really endangered but the racers.

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that t/a would look soooooooooooooooooo nice with a ws6 hood B)

 

[Fish]

Mecham hood FTW. That is probably the hottest hood for the firebird.

 

[DaytonaPrixMI]

Just a thought and I don't know if they can do this. But Syp did post videos, can those be used if the cops got their hands on them?

 

[Fish]

Originally posted by DaytonaPrixMI@May 24 2006, 08:06 AM
Just a thought and I don't know if they can do this. But Syp did post videos, can those be used if the cops got their hands on them?

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Im sure they could be. He took the links down, but Im sure people DLed them. Plus if they admitted to racing, I dont think it would matter that much.

 

[mybluegtp]

From what i asked the 2 they said they didnt tell them that they were racing and Leo was pleading the 5th when he was IN! So they might just get away with it.

 

[syP]

what videos?

 

[imported_Theautoguy]

If were told by an officer that a vehicle was traveling about 140 mph based on his judgement and it is proven that this vehicle is governed to 126 mph, I would expect the judge to be suspect of the officer's judgment when he see's an additional 14 mph that can't be there!

 

[syP]

he specifically told me.

"I CLOCKED them at 140mph"

I said..

"Officer, there is now way they were going 140mph, our stock computers are limited at 126mph"

 

[PANDA]

he specifically told me.

"I CLOCKED them at 140mph"

I said..

"Officer, there is now way they were going 140mph, our stock computers are limited at 126mph"

HAHA, isnt that a hunk of BS. Im sure they probably wernt going too much over 100.

 

[chipmonk212121]

unless the videos showed the liscence plate nuber while driving, they cant use the videos. ALSO, the videos do NOT show whether they were on a closed road course or not.... :-D they can not be entered as evidence. And ya they admitted to racing, so it doesnt matter if the cop lost sight of them.

 

[Ricky Gonzalez]

when the hell did we admit to racing?? i never once said "Yes officer i was racing." he asked whos car they were and i told him it was mine but never did i say i was racing.

 

[chipmonk212121]

someone walked up and said that you guys admitted to racing

 

[dole21]

Originally posted by chipmonk212121@May 27 2006, 10:14 AM
someone walked up and said that you guys admitted to racing

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I heard that as well..

lol thats the problem...50 people there...and 52 different versions of the encounter and events...

 

[chipmonk212121]

i say just talk to a lawyer and tell em the whole story and see what the lawyer thinks you should do.