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  1. #1
    Join Date
    May 2016
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    3

    Default Cited for Racing and Reckless Driving After a Test Drive

    My question involves a traffic ticket from the state of: PA

    I'd like to get some insight on the nonsense I just got in the mail. I test drove a vehicle a few weeks ago at a dealer to see how it compares to my car. The salesman freaked out & started yelling at me & such & saying go back to the dealer. I turned around & the next exit & went back. Never pulled over by police during the drive or anything. The car was not damaged either. Well, I received 3 bs tickets in the mail. One for racing (Was I racing myself? LOL), reckless driving & something else. Should I be fine pleading not guilty (I intend to plead not guilty regardless of course) and then just showing up for my court date without a lawyer?

    I know these have the data recorder, but someone else was there looking at that same car when I was too so who knows which data they use. I don't recall what speed I got up to, but regardless, that would not be admissible anyway, correct?

    Thank you for your time.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Cited for Racing and Reckless Driving After a Test Drive

    Quote Quoting 75 PaCS Sec. 3736. Reckless driving.
    (a) General rule.--Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

    (b) Penalty.--Any person who violates this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $200.
    If the salesman was in the car with you, his testimony about your driving conduct and its relation to his own safety, the safety of others, and the safety of property is sufficient to support the ticket.
    Quote Quoting 73 PaCS Sec 3367. Racing on highways.
    (a) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:

    "Drag race." The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

    "Race." The use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.

    (b) General rule.--No person shall drive a vehicle on a highway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition, contest, test or exhibition.

    (c) Permits for special activities.--The department or local authorities within their jurisdiction may issue permits for special activities which would otherwise be prohibited by this section.

    (d) Penalty.--Any person violating this section is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $200.
    As you can see, you can engage in "racing" even if you are the only vehicle involved in the race.

    You, of course, have the right to contest the tickets.
    Quote Quoting Username321
    don't recall what speed I got up to, but regardless, that would not be admissible anyway, correct?
    Your testimony that you don't recall your speed? You can testify that you don't recall your speed. If the salesman observed your speed on the speedometer, he can testify as to his observations (along with his broader observations about your driving conduct).

  3. #3
    Join Date
    May 2016
    Posts
    3

    Default Re: Cited for Racing and Reckless Driving After a Test Drive

    Quote Quoting Mr. Knowitall
    View Post
    If the salesman was in the car with you, his testimony about your driving conduct and its relation to his own safety, the safety of others, and the safety of property is sufficient to support the ticket.

    As you can see, you can engage in "racing" even if you are the only vehicle involved in the race.

    You, of course, have the right to contest the tickets.

    Your testimony that you don't recall your speed? You can testify that you don't recall your speed. If the salesman observed your speed on the speedometer, he can testify as to his observations (along with his broader observations about your driving conduct).
    So the salesman's clear embellishments are sufficient enough to make this nonsense stick? Wow, talk about a broken system.

    & if he does not show up to court?

  4. #4
    Join Date
    Jul 2010
    Posts
    7,603

    Default Re: Cited for Racing and Reckless Driving After a Test Drive

    Quote Quoting Username321
    View Post
    So the salesman's clear embellishments are sufficient enough to make this nonsense stick? Wow, talk about a broken system.
    You don't remember what speed you were doing so how can you say he was embellishing? People in the car sales business are used to how the majority of the public will do a test drive, which is normally. If you freaked him out, you were either driving the vehicle in a manner that test drives are not intended for or he was really new.

    Quote Quoting Username321
    View Post
    & if he does not show up to court?
    If there is no one there to testify against you, you should have a decent chance of it being dismissed.

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