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  1. #1
    Join Date
    Oct 2011
    Location
    Albuquerque, NM
    Posts
    8

    Default Exhibition of Speed Cite for "Squealing Tires"

    My question involves a traffic ticket from the state of: New Mexico

    Let me start by stating a few things, I am in my 20s, I drive a 20 year old sports car(which is loud, and low to the ground) that gets me pulled over often for various reasons, but I've only received one ticket since I started driving at 16. I also at the moment have very cheap/hard tires on my car for mileage.

    A few days ago I was traveling northbound and proceeded to turn left(west bound). I slowly accelerated to just below the speed limit of 35 before changing gears, there was a transition from concrete to asphalt at the same time as my gear change and my rear tires chirped for a brief second before having to slow down for another red light only two blocks from the intersection I had just turned from.

    No sooner I stopped a police cruiser pulled in behind me very quickly after cutting across two lanes of traffic, while I noticed this I did not see where he came from. I figured he was going to light me up and accelerated slower than I had before up to 35, my tires did not chirp this time, and he immediately lit me up. I drove another 50 feet before pulling off into a business parking area because it was impossible to stop on this road(curbs on both sides).

    The officer approached my window, and another stood at my passenger window which was cracked only.
    O: In some kind of hurry?
    M: No sir.
    O: Where are you heading?
    M: Up to the store to grab something and then heading home.
    O: Where exactly is home?
    M: address....
    O: Where where you coming from?
    M: I just left a job interview.
    O: Do you know why I pulled you over?
    M: No sir.
    O: You squealed your tires back at the intersection and I had to catch up to you.
    M: Sorry sir - I have cheap tires on my car and I did not mean to chirp my tires.

    At this point he asks for my license and paperwork, I give him my license, insurance card.. but was unable to find my current tag registration(which apparently was stolen from my car). He returned after a few minutes to see if I had found my paperwork and I informed him I could not find it, but had every year proceeding to this year, he only nodded and said it was fine. After he finished his partner or trainer asked me if I had a firearm randomly out of the blue, and I answered that I did have a firearm. He asked where it was and I said on my right hip, he asked again and I confirmed. They then had me step out of my car and removed my firearm taking it to their cruiser while asking me to sit back in mine.

    After about 20 minutes of waiting the officer returns with a citation for "exhibition of speed" for spinning my rear tires, despite me explaining I did not mean to, nor was trying to. The officer informed me to "call over the phone and pay it, it's cheap" and hands me a paper with various offenses and fines on it. I look this paper over for a minute before replying to him and ask "how cheap? I don't see it on here?" and the officer could not answer my question. I informed him I did not have much money but would pay it if I could, he replied back saying he would see me in court otherwise and "they would tell the court what they saw". I did not argue, I signed the form and he handed me both MY copy and HIS copy of the citation. I was again asked to step from my vehicle while they returned my firearm to it, unloaded and slide locked back. They told me to stand about 10 feet from my car and wait until they had pulled away to return to it.

    Now in all the years I have been driving, and for as long as I've had a firearm and been pulled over... I have NEVER been asked to step from my vehicle and surrender my weapon, but I was. Although I am more curious as to why the other officer only spoke that once to ask me if I had a firearm.

    I have one ticket on my record, back when I was 22 for making a lane change and failing to use a signal. Other than that I have nothing else on my driving record, no speeding tickets, no drag racing, nothing. So I do not understand why I was given an infraction worth 6 points towards my license for a momentary loss of traction beyond my control.

    The citation reads "driving wb on Montgomery when rear tires squealed from 'excessive speed'.
    I was not warned for speeding, I was not asked how fast I was going, I was not cited for speeding or rapid acceleration, nor was I warned for accelerating too quickly. I was not told anything, but given a citation for exhibition of speed.

    I have done some asking around since I got this and none of it was helpful, most only told me to plead guilty and hope that the judge is merciful due to my record.

    I have also contacted a few people including the courthouse, a friend I have with the department, and the deputy chief all to confirm this.
    The court informed me that since he gave me his copy of the citation - that they use to put it into the computer - that I may not get anything. They also said they had no knowledge of an electronic filing system, the state has one but not the city. Also that this could not be paid over the phone, and was a mandatory court appearance, plus fees...

    My friend with the department also said something similar, informing me that their electronic system was 'down' and they were using paper alone.

    The Deputy Chief also informed me that nothing may happen because he gave me his copy as well, but did not confirm the electronic system.

    If the above is true, wonderful, however I'm preparing for the worst case scenario and it does actually get to the court. In which case I would like any advice on how to handle this situation.

  2. #2
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,203

    Default Re: Exhibition of Speed Cite for "Squealing Tires"

    Under what section were you cited?

  3. #3
    Join Date
    Oct 2011
    Location
    Albuquerque, NM
    Posts
    8

    Default Re: Exhibition of Speed Cite for "Squealing Tires"

    Ordinance 8-2-4-6

    It has been four days since this now, I again contacted the courthouse and they still show nothing in their system. Although the clerk said to still show up that the officer can wait till the day of to turn it in...

  4. #4
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,203

    Default Re: Exhibition of Speed Cite for "Squealing Tires"

    I did not find any references to "8-2-4-6". Was this a local ordinance? In what city/county did this occur? If he gave you HIS copy, he may not be a citation to file with the court, as the deputy chief said.

  5. #5
    Join Date
    Oct 2011
    Location
    Albuquerque, NM
    Posts
    8

    Default Re: Exhibition of Speed Cite for "Squealing Tires"

    Albuquerque, NM.
    Bernalillo County
    A city officer pulled me over, not highway patrol or state police if that helps any.

    I can't tell you if it's local or not, the clerk had never heard of "exhibition of speed" and had to look it up by the ordinance code, and even then they found it highly unusual.

  6. #6
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Exhibition of Speed Cite for "Squealing Tires"

    Quote Quoting Jaxinc
    View Post
    Albuquerque, NM.
    Bernalillo County
    A city officer pulled me over, not highway patrol or state police if that helps any.

    I can't tell you if it's local or not, the clerk had never heard of "exhibition of speed" and had to look it up by the ordinance code, and even then they found it highly unusual.
    Albuquerque, NM. Code of ordinances - chapter 8 - Article 2 - Part 4 - Section 6:

    § 8-2-4-6 RACING ON STREETS, DRAG RACING.
    (A) Unless written permission setting out pertinent conditions is obtained from the Chief of Police, and then only in accordance with such conditions, no person shall drive a vehicle on a street in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration for the purpose of making a speed record, whether or not the speed is in excess of the maximum speed prescribed by law, and no person shall in any manner participate in any such race, drag race, competition, contest, test or exhibition.

    (B) No official or agency of the municipality shall be held liable in any civil action in connection with the permission which is authorized in this section.


    As for the citation and in the slight chance that something might come out of it, or for future reference, understand that when you chirp your tires, most states have a law that is generally described as "exhibition of speed" and even if you did not exceed the speed limit, or were not warned or cited for speeding, or no speed measurement was taken by the officer, you can still get cited for it and at times convicted as well. So your claim "I was not warned for speeding, I was not asked how fast I was going, I was not cited for speeding or rapid acceleration, nor was I warned for accelerating too quickly. I was not told anything, but given a citation for exhibition of speed.", and while all that maybe true, it has little to do with whether your act(s) can meet the legal definition of "Exhibition of speed" and simply because you chirped your tires. Obviously in this case, the officer couldn't prove that your purpose was " for the purpose of making a speed record"... So it would be an argument you can present in court!

    In reality, the officer is not required to warn you about a specific act or about the same reason he is citing you for; he is not required to ask you questions about what you were or weren't doing, and he can in fact walk up, ask for license, registration an insurance, walk away, come back with a citation, ask you to sign it, give you your copy and walk away!

    I have one ticket on my record, back when I was 22 for making a lane change and failing to use a signal. Other than that I have nothing else on my driving record, no speeding tickets, no drag racing, nothing. So I do not understand why I was given an infraction worth 6 points towards my license for a momentary loss of traction beyond my control.
    Having a clean driving record does not negate a citation... If that were the case and since we ALL start with a clean slate, nobody would EVER get convicted. And really, chirping your tires while changing gears isn't something that is "beyond your control"... Quite the contrary... It often is intentional, especially if you are aware that your 'tires are hard or cheap", and assuming you've had them for a while, one could assume you know how to make them chirp or how to avoid it...

    Now, assuming the officer ran you name, D.O.B., D/L #, detailed vehicle description including the plate number, ... etc, it may be possible for him to somehow retrieve it such information and either contact you to ask you what you had, or simply issue another and mail it to you -ASSUMING that is allowed by New Mexico law-.

    Last but not least... The side arm:
    Quote Quoting Jaxinc
    View Post
    Now in all the years I have been driving, and for as long as I've had a firearm and been pulled over... I have NEVER been asked to step from my vehicle and surrender my weapon, but I was. Although I am more curious as to why the other officer only spoke that once to ask me if I had a firearm.
    Why would you be curious about that? Police officers ride/patrol in pairs for many reasons, one of them being this one particular: gun on your right hip, could not be seen by officer standing to your left, office on your right sees it and with officer safety being a primary concern, and with what you will read below, you'll see that they were within their rights to ask and within their ability to seize it during the stop!

    Here's the article: New Mexico Supreme Court Lets Cops Grab Guns During Stops

    And the related Supreme Court ruling: New Mexico v. Ketelson (Supreme Court of New Mexico, 5/20/2011)

  7. #7
    Join Date
    Oct 2011
    Location
    Albuquerque, NM
    Posts
    8

    Default Re: Exhibition of Speed Cite for "Squealing Tires"

    Obviously in this case, the officer couldn't prove that your purpose was " for the purpose of making a speed record"... So it would be an argument you can present in court!
    I will keep that in mind, thank you. My attempts of search google and other engines for that reference came up empty, I actually found this site searching for that citation.

    Having a clean driving record does not negate a citation... If that were the case and since we ALL start with a clean slate, nobody would EVER get convicted. And really, chirping your tires while changing gears isn't something that is "beyond your control"... Quite the contrary... It often is intentional, especially if you are aware that your 'tires are hard or cheap", and assuming you've had them for a while, one could assume you know how to make them chirp or how to avoid it...
    I understand all this, but I suppose this was a live and learn experience. The tires I've had for about two months, the ones before were designed for track use.. and well there is a large difference.... and I'm still getting used to them. So while I can most of the time prevent it by slipping my clutch, occasionally I lapse and let it out too quickly. Being said I will now be paying more attention at gear changes.

    Now, assuming the officer ran you name, D.O.B., D/L #, detailed vehicle description including the plate number, ... etc, it may be possible for him to somehow retrieve it such information and either contact you to ask you what you had, or simply issue another and mail it to you -ASSUMING that is allowed by New Mexico law-.
    I have no knowledge of NM issuing anything via mail, or issuing again if he lost his form.

    Why would you be curious about that? Police officers ride/patrol in pairs for many reasons, one of them being this one particular: gun on your right hip, could not be seen by officer standing to your left, office on your right sees it and with officer safety being a primary concern, and with what you will read below, you'll see that they were within their rights to ask and within their ability to seize it during the stop!
    The weapon was concealed, and pressed against the seat where even the bulge of it would not have been visible. It was just an out of the blue thing to ask, because I have never been asked before(despite that officer knowing at the time I was armed) it threw me for a moment. Although I do completely understand their concern regarding a weapon and right to ask, as I said it was just unexpected. It is possible the officer noticed an edge of an NRA document, or a Speed Shooting pamplet, of course I didnt think about these until I dug through my car looking for my missing tag registration.

    I do appreciate the advice.

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,258

    Default Re: Exhibition of Speed Cite for "Squealing Tires"

    They also call it power shifting. Surprisingly, it is an exhibition of speed. In order to power shift, you must dump your clutch and have a vehicle capable of providing torque, at a level instantaneous enough to break traction. It occurs when drag racing or screwing around.

  9. #9
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,203

    Default Re: Exhibition of Speed Cite for "Squealing Tires"

    As for the weapon, just leave it alone. They did nothing wrong. They were protecting themselves. You were not cited for the weapon. Don't even bring it up. At all.

    Your defense to the tire chirp is that you inadvertently let up on the clutch too quickly, the engine produces a lot of torque, low gearing, etc., vehicle has hard tires, the transition from concrete to asphalt is not smooth, and the combination of all of these at exactly that moment caused incidental wheel spin. This DOES NOT constitute exhibition of speed.

    Do you have a bad shock, perhaps? Bad shocks are known to cause wheel hop, and wheel spin as a result of the hop, especially on bumps. Do you have a limited slip differential or an open differential? Was the wheel spin on both tires or one? How long and loud was it? Do you have traction devices (traction bars, lift bars, etc) on the vehicle? Now, all of these are not excuses, but merely contributing factors worth mentioning.

    If you can give enough detail, the judge may be swayed that this wasn't exhibition of speed, but merely a chain of circumstances that led to incidental wheel spin; a non-chargeable offense.

  10. #10
    Join Date
    Oct 2011
    Location
    Albuquerque, NM
    Posts
    8

    Default Re: Exhibition of Speed Cite for "Squealing Tires"

    I will not even mention the weapon, it wasnt relevant.

    The only thing amiss with my suspension is that my ride height is slightly lower on driver side from my coilovers settling in. I have not yet adjusted it, but it shouldnt be throwing anything off(outside of track use).

    My car comes with a limited slip diff, 4.08 ratio.

    Both tires chirped, at least it felt and sounded like both gave.

    The sound was for less than a second, just the classic "URP" sound and it stopped. It was loud enough to be noticed, but not enough to make people's heads turn and think I locked my wheels.

    I have no TSC system, only ABS. I do have a rear strut bar that stiffens the rear chassis, along with poly bushings and solid subframe bushings.

    Also my citation did show up in the court system by the end of the fourth day, despite having his copy of the citation. Although all information appears blank, unsure if that is normal or not.

    Charge# 1: RACING ON STREETS, DRAG RACING Statute: 8-2-4-6 Chrg Type: Traffic
    Abbrev. Desc.: DRG RAC Amended To: Amended Statute:
    Viol. Location: omitted Comment: Plea:
    Vehicle Speed: 0 Speed Limit: 0
    Trial Date: 0 Trial Finding: Event Type: -

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