OK so here is the stroy, (sorry for being kind of long, just wanted to make sure i included everything)

Feb 8 at 2 AM my friends call me and ask me if I could pick them up from a party off LA Riviera (a heavy party street next to Sac State). Being the good friend that I am agree to go pick them up.. So i see a cop car parked at the end of the street in front of the party so i decided to not get any closer so i parked on the corner at the beginning of the street and waited for them to come out...

So i am there parked on the corner and my boys get in the car. I forgot that i was driving with my VDC off,, so my tail end lightly fish tailed when i flipped one out of my parking spot.. I believe my loud exhaust also attracted the officers attention when i left...

Anyways, i continue to drive thinking that everything is okay. My friends insist we go to their frat house which was just a few blocks away, locted back on the main street.. So i make a left out of the street that the party was on, and head down la riviera about to blocks untill we get to their house which was located on the corner of a 4 way stop sign intersection. I decide I want to park on the oppposite side of the house, so i flip another bitch at the stop sign in fornt of their house.. Just as i open the door to get out of my car i notice the cop from the party pulling up being me.

He asks me for my registration and insurance ect ect ect.. he asks why i was driving like an idiot when i left the party... and me being exceptionally nervous replied i dont know. Anyways so he goes back to his car and writes me for VC 23109 and writes next to it exhibition of speed... that is it.. no subsection no other comments no nothing..

5 weeks later I finally get the notice in the mail which said i am now being charged with 23109(a) which is a speed contest and that i need to show up in court on the 9th of April. I was like what????????

So my endless amount of research began...
i found that:
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 was in no way racing, let alone even speeding. I was not going against a clock or anything.. my understanding is the sheriff intended to give me a ticket for 23109(c) but he never wrote the subsection on the ticket...

So here come the questions.. I was wondering if you had any experience with this in the court room. Would it be possible for the judge at the plea hearing to dismiss the ticket due to insufficiency? (No subsection)

If not, do you think I will easily be able to win this is court as the court will have to prove I was racing in order to charge me with it, which i was not at all. my tires simply chirped when i flipped the bitch while i was on the same street of the party. I honestly dont even think the sheriff saw or heard the one i did in front of the frat house which i did right before he pulled up behind me( he came around the opposite way out of the neighborhood when he "heard" my wheels spin and my exhaust..

I in no way can afford to get these 2 points on my record. If anyone has any experience with this type of issue please feel free to state your input. thanks

 

^^fight it for sure. Its worth a try. Tell the judge there was loose gravel causing you to spin tires. If you have a good driving record, the judge may show some leway, at least plea for traffic school. I just got an excess of 100mph ticket and got the book thrown at me, even with a good record, but the evidence against me was laser...

 

yea im going to fight it for sure.
I just don't see how they can charge me with 23109(a) after the officer only wrote down vc23109 with no subsection.. i hope i can get it dismissed during my plea hearing...

 

ouch, good luck.

 

WTF does "so i flip another bitch" mean?

Damn I must be old.

 

made another u turn.

sorry lol

 

dam that sucks man!! i got harassed last nite.. but didnt get pulled over tho because i knew he was behind me so i didnt speed =p lol.

 

lmao

 

It means he nailed a chick in the back of his car!!!
Nahh.. means U-turn...



Regarding the ticket....
Unfortunately, by law Chippie can not give you advice for tickets or any legal matter. =/

Anyways, FIGHT IT if that's what they're trying to charge you with...

Quite simply, you were NOT racing, NOT going against a clock/timing device. His error is your gain.

In the future-- dont be a dumb @$$ and drive like a maniac--ESPECIALLY NOT near any areas where parties are known or have been known to occur at-- your just asking to be pulled over at that point...

Thirdly, your car doesn't just 'fish tail' unless your accelerating heavy or doing something really stupid.. we were not born yesterday

Finally-- if you get pulled over. don't be nervous or act rude or play stupid to/with the cop. BE HONEST.. honesty can get you out of a ticket better then what you can in a court room.--

 

im in a similar scenario he would have wrote me for "exibition of speed" but instead he gave me a speeding ticket, i wasnt paying attention and friends in car said "GO ITS GREEN!" and i let go of clutch to hard and chirped. cop said he paced me at 60 (when i seen where they were so i stayed 40-43 (speed limit was 40 i think ) he claimed he seen me not stop at all, and i hit the corner at 45-50mph, etc. i have court next friday so ill let u know how it goes.

 

Thats not good Mr Future CHP HAHAHA

 

First of all, I'm only getting your side of the story. Second of all, I have a feeling that you have omitted some details. (c) section would be the appropriate charge for spinning the tires. Most officers can distinguish an accidental 'chirp' and a "hey look at me show off for my friends and everyone at this party, tire melting fishtail". Why would you be driving with your VDC off anyhow?

If you go to court and the formal charge is the (a) section, then do your homework. Read each section. Officers can ammend the cited section before providing testimony. But, 23109(a) should be tried in Superior court and not traffic court.

 

thanks for the input,

yeah it is in superior court, i have my plea hearing on the 9th of april

So do you think that it would be possible to get the ticket dismissed due to insufficiency on the ticket? or does it not matter that he originally did not write a subsection

 

Yeh. I agree with g35 chippe, I mean if your VDC is off.. the light would be lumintated on your dash and you would've notice it. It's right there, and trying to get it dismissed due to insufficiency on the ticket? I highly doubt that. They might lower it a tad bit.

 

exactly...don't you have to deactivate vdc to begin with? it's not like you can start the car with it off.