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Got a ticket viol. 23109(c)


nxtnlne

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:lol: you knew what you were doing wrong, im pointing out that you want to challenge something in court but you admit guilt. just saying not the smartest thing to do in a PUBLIC forum....

 

If I were doing a burnout or at least smoked umm then yeah I can see where this 23109 would apply. Law states 20-25 feet of tire spinning is enough for officer to site. I dont think he seen it. He was sitting in a parking lot and heard me truck lose traction and gave chase. I spun , but not for 20-25 feet. (15) feet. He didnt see it he heard it. I'll see what the judge thinks.

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:lol: you knew what you were doing wrong, im pointing out that you want to challenge something in court but you admit guilt. just saying not the smartest thing to do in a PUBLIC forum....

 

If I were doing a burnout or at least smoked umm then yeah I can see where this 23109 would apply. Law states 20-25 feet of tire spinning is enough for officer to site. I dont think he seen it. He was sitting in a parking lot and heard me truck lose traction and gave chase. I spun , but not for 20-25 feet. (15) feet. He didnt see it he heard it. I'll see what the judge thinks.

 

well in that case it sounds like you are saying you didnt go 20ft, which is good....and that you just broke traction and once realized you backed off the throttle. Now for what the cop sees, i cant comment on that.

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how worn are your tires???

if it is close to time to replace them, get some new ones, show the reciept to the judge, explain that due to the low end torque, wet greasy surface and worn tires they lost traction, you have since rectified the situation with new sticky tires, and a lighter pair of shoes.

throw yourself on the mercy of the court, address the judge with "yes your honor, etc,"

if that doesnt work, ask the judge to drive your truck on a wet greasy surface and see if he can keep it from breaking the rear end loose. make sure he is tired and its 230am to recreate the situation.

my .02 worth.

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how worn are your tires???

if it is close to time to replace them, get some new ones, show the reciept to the judge, explain that due to the low end torque, wet greasy surface and worn tires they lost traction, you have since rectified the situation with new sticky tires, and a lighter pair of shoes.

throw yourself on the mercy of the court, address the judge with "yes your honor, etc,"

if that doesnt work, ask the judge to drive your truck on a wet greasy surface and see if he can keep it from breaking the rear end loose. make sure he is tired and its 230am to recreate the situation.

my .02 worth.

 

Yeah tires were about done and they do need replacing at that time I had my 20' GTII's on and I switched to my stock rims and tires after that but only because I had a side wall flat. I think I might just do that. Need tires anyway! We will see if the judge is in a good mood that day or not. Sucks to be me.........It could be worse though.

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I got pulled over for the same reason in a mustang a while back. It was late and it was in Beaumont, the unmarked cop just let me go with a warning, because he asked if I knew why I got pulled over and I just told him "for being a dumbass". He then just said to try an not kick up any rock at him as I leave. It is kind of hard to do when you have a 5.0 slutstang with stage 2 shift kit, a posi, and 3.73 gears on a 14inch rim

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If the road was wet ... and you didn't WOT .... the cop should not have been able to hear anything ... wet roads don't make much noise when you spin.

 

He was probably pulling you over thinking you were driving under the influence.

 

I learned early on not to do anything stupid after dark ... just asking for trouble ... not saying anything against you ... just my own life exeperiences.

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cops suck sometimes i had a cop here in texas try to tell me that i spun the tires on my AWD SSS and try bto tell me that he was going to bust me for racing because the law changed and there only has to be one car.

 

 

AHH! I had a cop here in Kingsville, TX tell me the same thing!! we exchanged a few words. He said he heard me "peel out". He was almost two blocks away! when it was all said and done, he let me go with a firm, "slow it down".

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FYI....

 

Speed Contests

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.

 

(b) A person shall not aid or abet in any motor vehicle speed contest on any highway.

 

© A person shall not engage in ( )1 a motor vehicle exhibition of speed on a highway, and ( )2 a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.

 

(d) A person shall not for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway.

 

(e) (1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. This subdivision does not interfere with the court’s power to grant probation in a suitable case.

 

(2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted ( )3 shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both ( )4 that fine and imprisonment.

 

(f) (1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

 

(2) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

 

(3) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

 

(4) The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) ( )5 suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the person’s privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment.

 

(5) This subdivision does not interfere with the court’s power to grant probation in a suitable case.

 

(g) If the court grants probation to ( )1 a person ( )6 subject to punishment under subdivision (f), in addition to ( )7 subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person’s privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f).

 

(h) If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner’s expense for not less than one day nor more than 30 days.

 

(i) ( )8 A person who violates subdivision (b), ©, or (d) ( )9 shall upon conviction ( )10 of that violation be punished by imprisonment in a county jail for not more than 90 days, ( )11 by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.

 

(j) If a person’s privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that person’s driver’s license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the person’s records in the Department of Motor Vehicles and enter the restriction on ( )1 a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction.

 

(k) The court may order that ( )1 a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.

 

(l) This section shall be known and may be cited as the Louis Friend Memorial Act.

 

Amended Sec. 2, Ch. 595, Stats. 2004. Effective January 1, 2005.

Amended Sec. 1, Ch. 475, Stats. 2005. Effective January 1, 2006.

Amended Sec. 661, Ch. 538, Stats. 2006. Effective January 1, 2007.

The 2006 amendment added the italicized material, and at the point(s) indicated, deleted the following:

 

1. “any”

2. “no”

3. “is punishable”

4. “the”

5. “, to operate a motor vehicle”

6. “punishable”

7. “the provisions of”

8. “Any”

9. “of this section”

10. “thereof”

11. “or”

 

 

:seeya:

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I have a very pessimistic attitude about this. I think cops overall can pretty much stop you anytime they want and find something to cite you for. Most people don't have the time to fight it; day off from work, possibly a lawyer. 99% don't abuse the power. A few do.

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