"Street Racing"
- Thread starter tannerc91gt
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I lawyered up. My lawyer has to meet with the prosecutor but with the lack of evidence it should be dropped. Luckily this is a long drawn out process and will take forever reguardless
RUNINAGT
Member
Do we have any US cops in the forums? Maybe you can clear it up for us? About getting a citation days after the incident? thingy
Shaolin Crane
Banned
I start the academy for the LASD in October until then ive been studying my codes and what not
Here is the legal definition
1) A person must not organise, promote or take part in:
(a) any race between vehicles on a road or road related area, or
(b) any attempt to break any vehicle speed record on a road or road related area, or
(c) any trial of the speed of a vehicle on a road or road related area, or
(d) any competitive trial designed to test the skill of any vehicle driver or the reliability or mechanical condition of any vehicle on a road or road related area,
unless the written approval of the Commissioner of Police to the holding or making of the race, attempt or trial has been obtained.
Maximum penalty: 30 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for 9 months or both (in the case of a second or subsequent offence).
Very vague and leaves the officers plenty of motive to say you were street racing.
Shaolin Crane
Banned
also relavent
"The common charge that we hear about now in the media is the term "Street Racing". Generally it is two cars hightailing along some roadway at considerable speed, however, it is also common for drivers to be charged where high speed is absent, but in the opinion of the Police they are considered to be "racing"." Quoted from the man who passed the bill
"The common charge that we hear about now in the media is the term "Street Racing". Generally it is two cars hightailing along some roadway at considerable speed, however, it is also common for drivers to be charged where high speed is absent, but in the opinion of the Police they are considered to be "racing"." Quoted from the man who passed the bill
Shaolin Crane
Banned
as well as this
A. Definition of “Street Racing” (Clause 1)
Clause 1 of the bill defines “street racing” for the purposes of the Criminal Code.(46) The new definition, which will appear in section 2 of the Code, is virtually identical to the definition found in Bill C-65(47) and is similar to in substance to the definition in Mr. Cadman’s bill.(48)
The definitions in the three bills require that two or more motor vehicles be involved. As did Bill C-65, Bill C-19 uses the expression “operating a motor vehicle in a race with at least one other motor vehicle” (emphasis added). The proposed definition therefore does not seem to include a race against the clock, in which only one motor vehicle is involved.(49)
As well, the expression “motor vehicle” is already defined in section 2 of the Code,(50) and it might mean that a race between, for example, motorcycles, snowmobiles or all‑terrain vehicles could be characterized as a “street race.” On the other hand, under the definition in the bill, the “race” must take place in a public place.(51)
Overall, the definition of street racing in the bill is stated in general terms, unlike the definition in the British Columbia statute, for example.(52) This could be because, among other things, the five new offences created by the bill require, in addition to involvement in street racing, the same constituent elements (mens rea and actus reus) as do dangerous operation(53) and criminal negligence,(54) which are already described in the Code.
The definition of street racing can apply to a broad range of activities, and it relates both to organized street racing and to improvised events.
A. Definition of “Street Racing” (Clause 1)
Clause 1 of the bill defines “street racing” for the purposes of the Criminal Code.(46) The new definition, which will appear in section 2 of the Code, is virtually identical to the definition found in Bill C-65(47) and is similar to in substance to the definition in Mr. Cadman’s bill.(48)
The definitions in the three bills require that two or more motor vehicles be involved. As did Bill C-65, Bill C-19 uses the expression “operating a motor vehicle in a race with at least one other motor vehicle” (emphasis added). The proposed definition therefore does not seem to include a race against the clock, in which only one motor vehicle is involved.(49)
As well, the expression “motor vehicle” is already defined in section 2 of the Code,(50) and it might mean that a race between, for example, motorcycles, snowmobiles or all‑terrain vehicles could be characterized as a “street race.” On the other hand, under the definition in the bill, the “race” must take place in a public place.(51)
Overall, the definition of street racing in the bill is stated in general terms, unlike the definition in the British Columbia statute, for example.(52) This could be because, among other things, the five new offences created by the bill require, in addition to involvement in street racing, the same constituent elements (mens rea and actus reus) as do dangerous operation(53) and criminal negligence,(54) which are already described in the Code.
The definition of street racing can apply to a broad range of activities, and it relates both to organized street racing and to improvised events.
RUNINAGT
Member
WOW!!! That's in detail. Thanks for the answer. However what is the answer to the question about issuing the citation days later or by mail? Or did I miss it? LOL..
Ya know I always have wanted to be a police officer. Had a chance to do a ride along with a buddy that is a State Trooper, I didn't????. I need to check with him again and see if I can still go on that ride..
Ya know I always have wanted to be a police officer. Had a chance to do a ride along with a buddy that is a State Trooper, I didn't????. I need to check with him again and see if I can still go on that ride..
Shaolin Crane
Banned
you can be issued a ticket within 90 days regardless of being stopped originally, the only thing that gets hairy is the officer has to be sure that it was you
But how can they prove you even did it?
I mean technically it's the officer's word as the truth on this or any ticket, but usually he at least stops you and that alone suggests something occured to warrant a stop.
With a mailed in ticket, i would think it could be abused. My girlfriend's ex-husband is a cop. He knows my car. What's to stop him from mailing me a ticket saying I blew through a stop sign or crossed the double yellow to pass a car or something like that. I go appeal it and my only defense is "I never did that, he made it up"?
At least if you are stopped it gives a stronger case that something you did required an officer to intervene and pull you over
What could keep him from doing that is what if he says it happend at a certain time at a certain date yet you were somewhere else with plenty of witnesses to confirm you were not there. He could get himself in alot of trouble.But how can they prove you even did it?
I mean technically it's the officer's word as the truth on this or any ticket, but usually he at least stops you and that alone suggests something occured to warrant a stop.
With a mailed in ticket, i would think it could be abused. My girlfriend's ex-husband is a cop. He knows my car. What's to stop him from mailing me a ticket saying I blew through a stop sign or crossed the double yellow to pass a car or something like that. I go appeal it and my only defense is "I never did that, he made it up"?
At least if you are stopped it gives a stronger case that something you did required an officer to intervene and pull you over
But how can they prove you even did it?
I mean technically it's the officer's word as the truth on this or any ticket, but usually he at least stops you and that alone suggests something occured to warrant a stop.
With a mailed in ticket, i would think it could be abused. My girlfriend's ex-husband is a cop. He knows my car. What's to stop him from mailing me a ticket saying I blew through a stop sign or crossed the double yellow to pass a car or something like that. I go appeal it and my only defense is "I never did that, he made it up"?
At least if you are stopped it gives a stronger case that something you did required an officer to intervene and pull you over
They're reffering to an officer stopping you when he's off duty. I don't know about most, but I wouldn't carry my ticket book with me when I'm not on duty. They have 90-days (60 in Ontario) after the stop to issue that ticket to you in an on-duty capacity in that instance.
Shaolin Crane
Banned
But how can they prove you even did it?
I mean technically it's the officer's word as the truth on this or any ticket, but usually he at least stops you and that alone suggests something occurred to warrant a stop.
With a mailed in ticket, i would think it could be abused. My girlfriend's ex-husband is a cop. He knows my car. What's to stop him from mailing me a ticket saying I blew through a stop sign or crossed the double yellow to pass a car or something like that. I go appeal it and my only defense is "I never did that, he made it up"?
At least if you are stopped it gives a stronger case that something you did required an officer to intervene and pull you over
as far as your word against his, well our word is crap to them, (soon to be your word
) officers are hired on a code of decencies, morals, and ethics, the courts are going to assume that his word is what happened not your (cause all civilians are liers and cheats 
) im not saying i agree with it im saying what they are allowed to do, by all means if you get a mail in ticket FIGHT IT you have a pretty decent chance of winning
Shaolin Crane
Banned
What could keep him from doing that is what if he says it happend at a certain time at a certain date yet you were somewhere else with plenty of witnesses to confirm you were not there. He could get himself in alot of trouble.
EXACTLY, that what makes those tickets so easy to fight, show up with 2 people who can vouch that you werent there, and bingo your set, now the cop looks like an ass, hence the reason these types of tickets dont happen alot
Shaolin Crane
Banned
Yeah what cop wants to carry his citation book off duty to do a whole crap load of paper work if you see something stupid happen, i mean i'll call it in but let the on duty guys do the work, cause their gonna do the same if they were off duty
ok i know its been quite a while since this happened but i figured id update and let everyone know how it ended.
Court is a long,slow process as some of you probably know, and its an even slower process when the court house burns down a week after your initial hearing, so long story short, instead of being able to continue fighting it, i got shoved off to the side, and ended up with a years probation, as long as i dont commit a crime for 12 months im in the clear (not that i plan to go around robbing 7/11's or anything)
Court is a long,slow process as some of you probably know, and its an even slower process when the court house burns down a week after your initial hearing, so long story short, instead of being able to continue fighting it, i got shoved off to the side, and ended up with a years probation, as long as i dont commit a crime for 12 months im in the clear (not that i plan to go around robbing 7/11's or anything)
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