Exhibition of Speed with Description Inaccurate
My question involves a traffic ticket from the state of: California
Last night I left Jack in the box after working all day and night. I gunned it out of the shopping center to make my light to go home or im stuck ther for 5 min. To leave the center I let out the clutch went down the driveway and pressed the gas down. Turns out there was some water there and the tires started to spin. At that point i immediately took my foot off the gas and drove normal.
2 minutes later I saw 2 police cruisers coming on my 6. They come up to the car and take me out and put me in cuffs and in the cruiser. I told them right away I have less than half a gram of marijuana and a pipe. They "tried to arrest me" for possession and paraphernalia. Let me go.
Myu question is: there's 2 tickets. The 1 from a rookie cop, 2nd day on the job, saying "23109 exhibition of speed churping tires causing smoke to come from rear tires" And yes he misspelled chirping. But again focus is on the rear tires smoking. Kind of funny considering i left no tire marks and i have front wheel drive. I was not trying to drive fast. Never broke the speed limit. Never even got past half way on my tachometer when I "churped my tires"
Please help i haven't had a ticket for speeding in 2 years because I slowed down. I have many speeding tickets and i was arrested for possession 3 years ago even tho I had a medical marijuana lic. Since that arrest, no conviction, I Haven't been able to pay for a new prescription.
Re: Exhibition of Speed with Description Inaccurate
Ok so you gunned it out of the shopping center, there was water and your tires spun. Usually when tires spin they leave a cloud of burnt rubber that can be identified as only the sweet smell of burnt rubber. The fact the police were there and probably saw you do it. Hm i dont know what your asking? If your question is since it came from the front tires can you get off the ticket the answer is no. There is no law for both spinning the front tired and one for spinning the back tires.
The simple fact that you had marijuana and paraphernalia and had no current license. Meaning you violated that law also and you were released. Id count my lucky stars you only got a ticket for the tires and not arrested or possibly an accident when you gunned it. Once again my opinion.
Re: Exhibition of Speed with Description Inaccurate
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DonnyC
Ok so you gunned it out of the shopping center, there was water and your tires spun. Usually when tires spin they leave a cloud of burnt rubber that can be identified as only the sweet smell of burnt rubber. The fact the police were there and probably saw you do it. Hm i dont know what your asking? If your question is since it came from the front tires can you get off the ticket the answer is no. There is no law for both spinning the front tired and one for spinning the back tires.
The simple fact that you had marijuana and paraphernalia and had no current license. Meaning you violated that law also and you were released. Id count my lucky stars you only got a ticket for the tires and not arrested or possibly an accident when you gunned it. Once again my opinion.
Actually, what they leave behind is a bituminous deposit which is largely not from the tire at all, but I digress.
Also, it isn't relevant what you'd count your lucky stars for as he's here asking for what legal options he has. He's not asking if you'd be happy with being charged with his offenses given his set of circumstances. If you're going to respond to people's posts, at least try to answer their questions instead of advising them how happy you'd be with only being charged with what they've been charged with. (Sorry for the back-seat modding, Aaron.)
OP, the issue with the smoke from the rear tires and your car being a front-wheel driven one is something you could raise at trial. But you could also reasonably argue that the smoke he saw was simply a mist of water that is commonly in the air when a car passes over water. Maybe it was, maybe it wasn't.
Also, bear in mind that though the cloud of smoke might have originated at what's known as the instant center of the tire, the car you're in was moving in relation to the roadway underneath it. The smoke, if that's what it indeed was, would have had no forward motion and thus would just float up. Since the car is moving forward, by the time the smoke reached a sufficient height, the rear tires / back bumper would have been over it, or even beyond it.
You'd have to find out where the officer was when he saw in relation to your car, the lighting conditions at the moment, and the angles from which you were seen.
I notice that in your post here, you don't mention the presence of another vehicle against which you've been accused of racing.
The section of California Penal Law includes in its text the following:
"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. "
I also don't notice any mention being made of you trying to beat a timing device of some variety, which would seem to imply that the elements of offense haven't been shown. And it's up to the state to prove each element of each offense charged. Of course, I don't know if there's any information you've left out.
Also, you said there were two tickets, but only explicitly told us what one of them was. I presume the second one is for the marijuana.
Maybe CDWJAVA will be on later. He's an officer in California and can tell you more about how it works down there than I.
Re: Exhibition of Speed with Description Inaccurate
marijuana ticket states: "11357 (b) hs possesion of marijuana less than 1 oz." Again misspelled.
They never recorded my pipe on the description bar. I don't care for the pipe or the marijuana. The speed on the other ticket is 40 in a 45. When I "chirped" my tires I never saw my tach go past 5000 rpms. I also never received a field sobriety test of any sort. I don't want to loose my lic. I have changed my driving habits to promote better gas mileage.
About 4 hours earlier my mother got a ticket down the street from there for going 45 in a 35.
Re: Exhibition of Speed with Description Inaccurate
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logitec
I have changed my driving habits to promote better gas mileage.
Obviously.
Re: Exhibition of Speed with Description Inaccurate
Thank you for your fathering of the forum however maybe you should read the post again. I stated the facts as I have them just like yourself. Dismissing my post and posting your own assumptions doesn't make the situation any better. I have and will continue to post the things that i see fit. But thanks for trying to keep me in check.
Re: Exhibition of Speed with Description Inaccurate
Just remembered a few things.
One: Before I was pulled over the cops were out of their squad cars, talking to each other with there headlights off in a 7-11 parking lot.
Two. They were bad mouthing our president. Now I know I cant use this in court because I don't have a recording and I cant remember word for word what they said. But the senior cop did tell the rookie that he should keep his mouth shut.
Re: Exhibition of Speed with Description Inaccurate
How far away was the 7-11 from where the alledged violation occured?
Recording wouldn't have mattered, its free speech unless they were plotting or making threats against his life. I guess possibly it could show get into a descrimination type thing. HERES JUST A SCENARIO: The two cops were one race, you were of another race you heard them talking about a man of a different race their seemed irritated and therefore overreacted. JUST A SCENARIO. I don't know if any of this pertains to you but if it does just a little something to think about. :D
Re: Exhibition of Speed with Description Inaccurate
Now what do I do. The ticket has not been filed and it has been 30 days. The court has no record of me getting a ticket, those tickets every being processed, or my vin # with any infractions. So what happened to my paraphernalia and marijuana?
Re: Exhibition of Speed with Description Inaccurate
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logitec
Now what do I do. The ticket has not been filed and it has been 30 days. The court has no record of me getting a ticket, those tickets every being processed, or my vin # with any infractions. So what happened to my paraphernalia and marijuana?
When is the court date? Did you appear on the court date on the citation?
And to address Ashman's earlier thought that there was no timer or competition, 23109 requires only the "exhibition" of speed.
No person shall engage in any motor vehicle exhibition of speed, or aid and abet in any such exhibition, upon any highway. This offense includes excessive acceleration so as to cause the tires to scream loudly and lose traction. (Grier (1964) 226 Cal.App.2d 360.)
The officer's spelling issues are not relevant to the issue and neither is their opinion of the president (remember, there are some 58 million of us that did NOT vote for the man, so it is hardly an issue). What will be relevant will be their articulation of the elements of the offense(s) (the sudden acceleration, and the marijuana).
Both offenses are ostensibly misdemeanors and not infractions though the marijuana violation is punishable only by a fine. And the officer cut you a HUGE break on the marijuana by not citing you under the Vehicle Code as that would have caused you additional headaches and stayed on your record for more than two years. Also, 23109 allows for an arrest and could result in the impound of your vehicle at the scene.
If the court date has come and gone, did you appear in court at the time and location indicated on your citation? Did you get a notice or a stamp from the clerk to prove that you were present?
Is your address updated with the DMV? Does it match the address on the citation? If there was an update or a new court date issued, it could have gone to either address - the one on the citation or the one on your driver's license. This is a good reason to keep your address up to date (also, it's the law).
- Carl