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"Baited" into Speeding by a Racing Cop, How to Fight It

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  • 08-18-2013, 01:22 AM
    greggotanafro
    "Baited" into Speeding by a Racing Cop, How to Fight It
    My question involves a traffic ticket from the state of: San Antonio, Tx

    Just got a ticket, following my Dad to a car show. An unmarked Mustang unit cuts across 2 lanes of traffic and pulled up next to my dad's show car and began "racing" him. As I'm trailing them both thru an unknown part of town on the highway, they both take off going 85+ in a 65, leaving me in the dust behind alot of traffic. So in fear of getting lost and disturbing traffic trying to find my own way to the show, I speed up to catch them. After about 3 miles, the mustang drops back and I pass him at 80, pulling in front of him to get behind my dad, then I slow down. Lo and behold, the mustang lights up like christmas and pulls ME over. 80 in a 65, $200.

    Besides the ABSOLUTE BS that my dad didn't get pulled over (I'm still butthurt), should I fight this ticket or show up to court? I just took defensive driving like 6 months ago for 80 in a 70...So is deferred disposition even an option?

    I feel like the officer was speeding dangerously while on patrol and not on call and (unknowingly) baited me into speeding by racing my dad away. I explained I was in an unfamiliar part of town and needed my dad for navigation but I got a ticket anyways and I have to pay it all by myself...("I shouldnt have been speeding" THANKS DAD :wallbang: )

    ALSO, how can some people get warnings after warnings and I always get the dumbest tickets?! (I know, you should never speed and speeding even 1 mph over is one's own fault, but COME ON!!!!)

    Would/Could extenuating circumstance PLAUSIBLY stand up in court?
    Thanks
  • 08-18-2013, 01:36 AM
    davidmcbeth3
    Re: "Baited" into Speeding by a Racing Cop, Fight It
    Funny story but I don't think that your entrapment defense would hold up.

    How did he measure your speed?
  • 08-18-2013, 05:40 AM
    jk
    Re: "Baited" into Speeding by a Racing Cop, Fight It
    So, your cell phone does not have a native navigation app that would have provided directions to the venue?

    you have no valid defense. Ask your father for the money for the fine since it was his actions that caused you to lose sight of him and feel pressed to speed to catch up to him.
  • 08-18-2013, 06:13 AM
    Lehk
    Re: "Baited" into Speeding by a Racing Cop, Fight It
    80 in a 65 isn't a dumb ticket.
    Lucky for you, Texas has very low fines.
  • 08-18-2013, 02:40 PM
    davidmcbeth3
    Re: "Baited" into Speeding by a Racing Cop, Fight It
    Quote:

    Quoting jk
    View Post
    So, your cell phone does not have a native navigation app that would have provided directions to the venue?

    you have no valid defense. Ask your father for the money for the fine since it was his actions that caused you to lose sight of him and feel pressed to speed to catch up to him.

    I would not say he has no valid defense ... its a typical speeding defense scenario ...
  • 08-18-2013, 07:48 PM
    That Guy
    Re: "Baited" into Speeding by a Racing Cop, Fight It
    Quote:

    Quoting greggotanafro
    View Post
    Besides the ABSOLUTE BS that my dad didn't get pulled over

    I agree.... That part of the story has got to be ABSOLUTE BS... It makes no sense whatsoever. I am not saying a cop must cite every violation he witnesses. But simply that he would not let the driver whom he paced for miles at 85+ mph with one who had just barely passed him, one he just barely had time to check a Radar speed reading on?

    And you are considering using this as a defense? How would a race with your dad [assuming the officer will admit to any part of "the race" (whereas he might suggest that he was following one/two speeding vehicle(s))] change the fact that you were speeding? Even if an attempt to "bait you" was made, you still had the option to stay within the limits of the law. Instead, and not only did you speed, but you handed your own self to the cop/turned yourself in immediately:

    Quote:

    Quoting greggotanafro
    View Post
    I pass him at 80, pulling in front of him to get behind my dad

    Getting lost in your own "town" isn't really that convincing especially when a car show is usually held at some sizable venue that would be easy to find.

    Lastly, you passed him at 80... But how fast did you have to go to catch up to them after dropping back and having to chase them for 3 miles?

    To address some of your questions:

    Quote:

    Quoting greggotanafro
    View Post
    So is deferred disposition even an option?

    A deferred disposition has little to do with your priors and more to do with whether you can keep your nose clean for the deferral period. Should it be an option, or a choice? You have to make that decision because only you will suffer any negative consequences.

    Quote:

    Quoting greggotanafro
    View Post
    ALSO, how can some people get warnings after warnings and I always get the dumbest tickets?!

    Warnings, are not part of any law, rule or regulation. It is simply some made up false expectation, and a misplaced and misguided entitlement that some people have.

    Quote:

    Quoting greggotanafro
    View Post
    Would/Could extenuating circumstance PLAUSIBLY stand up in court?

    Your circumstances are not "extenuating" by any means... But would they stand up in court? Sure... They would stand up for a few moments, or long enough to either entertain the judge or irritate him...
  • 08-18-2013, 07:54 PM
    Disagreeable
    Re: "Baited" into Speeding by a Racing Cop, Fight It
    I suggest you buy a hot rod also.
  • 08-18-2013, 07:57 PM
    greggotanafro
    Re: "Baited" into Speeding by a Racing Cop, Fight It
    Your comments seem so hurtful and sarcastic but they are true and I appreciate the help haha So thank you, and everyone else. Pretty much, I know I was wrong, but it KILLS to know that if I waited 15 seconds to pass, my Dad would have been pulled over and not me. He says he wont help me bc I need to be less careless anyways and he didnt get pulled over bc of his guardian angels...so from an immature and irresponsible point of view, im SO mad at my dad. But in reality, I know, I sped and got busted

    - - - Updated - - -

    Quote:

    Quoting Disagreeable
    View Post
    I suggest you buy a hot rod also.

    Like, honestly, I think thats the only reason he didnt pull him over...his car was nice. Old school Stingray Vette with sidepipes
  • 08-18-2013, 08:04 PM
    Disagreeable
    Re: "Baited" into Speeding by a Racing Cop, Fight It
    I have no doubt. The problem is after sparring, he returned to duty. Guess who was there following.
  • 08-18-2013, 08:17 PM
    Lawmeister
    Re: "Baited" into Speeding by a Racing Cop, Fight It
    I raced a cop in NYC at night in 1998, beat him, stopped at red light, didn't know he was a cop. He turned the lights on, cut through a red light, showed me a middle finger, and made a left into police station, right across toysRus in Brooklyn. You have to beat them, then they will not give you a ticket. But seriously, I think conventional defense will not work, maybe some questioning of radar, yet I haven't seen that work in any court room. If it was me, then I would do the freeman's way. They have videos of how to do it on youtube. You say in court that you are there for that case, but you are not that guy. Something about capital letters name that appears to be your name, but it's not your. Like the legal fiction of you. Then you say you are administrator for that legal fiction. But don't identify yourself as that person. The videos give you full detail. Judge will say I order you to pay ... bla bla bla. And you say "we do not have a contract, and I do not consent to you ordering me". Guy explains it pretty well. This is what I would do if that was me and I did not want to pay. It can be a fun experiment with a legal system. Or you can just pay to avoid the hassle if you have better things to do.
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