My nephew, who is a good kid, recently got cited for "exhibition of speed". The root of the offense was that a foot officer heard him "squeal" his tires in an upscale shopping area. He was cited for going 25 MPH , which is the posted speed limit. The vehicle that he was driving is an Olds Cutlass that he had purchsed that same day, so he said that when he went to stop, he hit the gas as well as the brake. He wasn't spinning his tires, just a brief spinout.
The officer told him that he has seen him cruising around the area the last couple of weeks, however, my nephew had never been been there before.
His plan was to fight the ticket in court. Yesterday, he received a letter from the Police Dept. stating that they made a mistake and that his offense should have been a criminal offense and he needed to be pre-booked right away!
Should he hire a lawyer first or have a discussion with the PD first to find out where this "criminal" offense is coming from?
2006-10-18 08:06:37 · 10 answers · asked by whada01 1 in Politics & Government ➔ Law Enforcement & Police
It happened in San Jose, CA.
2006-10-18 08:15:12 · update #1
Clarification-
He wasn't cited for exhibition of speed. He was cited for spinning tires and driving 25 MPH. The letter stated that they made a mistake and should have cited him for exhibition of speed. Can they just change it like that?
2006-10-18 09:10:54 · update #2
it's TRAFFIC not criminal. Pay the fine and stop driving like a kid.
2006-10-18 08:08:47 · answer #1 · answered by Michael 5 · 1⤊ 1⤋
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2016-06-11 16:26:58 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Yes. Most states or jurisdictions have similar laws, whatever they may call it. My last department called it a violation of the noise ordinance, which meant that it showed up as "other" on your record (which would mean no points) but the fine went directly to the town, not the state, as all other fines do here.
In California, Exhibition of Speed is a violation of 23109(i), and is punishable by a fine of not more than $500.00, and not more than 90 days in jail.
It is listed under the motor vehicle code, but could well be a criminal offense. In my state, DWI/DUI is a criminal offense, since it carries mandatory jail time. This may also be true of CA. If he doesn't appear, they will probably get a warrant, and it will become a much bigger deal than it already is. Considering the possibility of jail time, I would at the very least speak with an attorney. They can best advise you whether he has a prayer of being found not guilty or any other circumstances that would make a lawyer necessary. Otherwise, it might just be wasting money.
2006-10-18 08:48:53 · answer #3 · answered by Mike S 1 · 1⤊ 0⤋
SJPD is a pretty reliable police dept - I don't think they are making this up.
But if the PD is calling it criminal, that is their right. Go see a public defender before you spend money on a lawyer. The County has a good dept. (A DUI is another story.)
One thing should be in your nephew's favor - he purchased the Olds the same day he was ticketed. If that is the case (bill of sale and registration will prove it), I wonder who the officer saw cruising the area in the past few weeks? Mistaken identity?
However, something is unusual about your nephew's hitting the gas and the brake. Brakes are designed to stop a car, and they will override the engine & stop the car if you apply both. I have a hard time believing your nephew's story. Can you get photographs of the location of the spinout to show how much or little rubber was burned?
A public defender will probably get this sorted out and should be able get the charge reduced to a citation, rather than criminal offense.
Good luck.
2006-10-18 08:28:23 · answer #4 · answered by Tom-SJ 6 · 0⤊ 0⤋
Something just doesn't sound right here. I think this cop is turing a molehill into a mountain. By all means, consult with a lawyer before talking to the police. You might be dealing with an over zealous police dept.
2006-10-18 08:16:33 · answer #5 · answered by WC 7 · 0⤊ 0⤋
if he was ticketed for 25mph ,what was the speed limit?In court what proof would the police provide that he was speeding?a certified radar gun?did the officer SEE him travelling at a high rate of speed? or did he hear tires squealing and then look in that direction?to be prosecuted one must violate a law or local ordinance...such as posted speed limit....and the police must offer some proof that he was in violation,not just "i heard some tires squealing and looked in that direction and saw this kid that had been around here lately..." proof like witnesses or a certified radar reading
2006-10-18 08:31:21 · answer #6 · answered by angelotipton 2 · 0⤊ 0⤋
Criminal Record Search Database : http://InfoSearchDetective.com/Info
2015-10-07 19:21:12 · answer #7 · answered by ? 1 · 0⤊ 0⤋
sure. There are 3 stages of criminal offense - Infraction, misdemeanor and criminal. rushing is - commonly - an infraction, yet once you bypass rapid adequate it could become a misemeanor. Crash and injure somebody, and it could become a criminal. Richard
2016-11-23 17:57:42 · answer #8 · answered by eatough 4 · 0⤊ 0⤋
I'm sorry. I've heard that excuse mayby time and it doesn't hold water. Even if it were true he would be confessing to another crime, namely failure to maintain proper control of the vehicle. Just pay the fine and learn from it.
2006-10-18 09:28:48 · answer #9 · answered by Ranger473 4 · 0⤊ 0⤋
Where are you from? City/state? Most traffic citations are misdemeanors.
2006-10-18 08:09:46 · answer #10 · answered by Zelda 6 · 0⤊ 0⤋