Exhibition of speed?

[MEggett]

Utah

My buddy and I was pulled over for exhibition of speed, we were not racing, nor were we doing burn outs or wheelies on our street bikes.

The officer stated her "brother died on one of these" and when I asked how fast we were clocked at, she stated "I don't know, I don't have a lazer" but wrote on the ticket 55 in a 35mph zone, I was not sited for speeding, or for wreckless driving, or anything else other than the 42-6a-606 "exhibition of speed/speed contest. On the ticket, it states 'motorcycle' and she put no... is this a technicality issue where the ticket is void for her mess up? Also, I feel with her not having a "lazer" or knowing our rue speed, she cannot put down 55 in a 35, and I feel it's prejudicial for her to impound the bikes, and cite us for the fact her "brother died on one of these"..... Do I have a chance of fighting this and having it thrown out? Thanks for your help, and all advice is welcome. Matt

[CdwJava]

Either you read the section wrong, or the officer wrote it wrong. Here is the code section:

41-6a-606. Speed contest or exhibition on highway -- Barricade or obstruction.

(1) A person may not engage in any motor vehicle speed contest or exhibition of speed on a highway.
(2) A person may not, in any manner, obstruct or place any barricade or obstruction or assist or participate in placing any barricade or obstruction upon any highway for any purpose prohibited under Subsection (1).
(3) A person who violates Subsection (1) is guilty of a class B misdemeanor.
(4) (a) In addition to the penalty provided under this section or any other section, a person who violates Subsection (1) shall have the person's driver license suspended under Subsection 53-3-220(1)(a)(xvi) for a period of:
(i) 60 days for a first offense; and
(ii) 90 days for a second offense within three years of a prior offense.
(b) The court shall forward the report of the conviction to the Driver License Division in accordance with Section 53-3-218.

The key here will be how the courts define an "exhibition of speed" or "speed contest" in Utah. Speed itself may not be relevant (it isn't necessarily required here) depending on what actions the officer observed. It could be that merely zipping along trying to impress each other with revving motors or alternating passing each other is sufficient ... or whatever it was the officer believes occurred to justify the citation.

An attorney should know how to address the issue and how best to proceed.

- Carl

[MEggett]

I do understand the section, and it is very vague, but we did no zip through the intersection, or down the road. there is no true definition of the code. on the side of the code, it states, speed contest, with out speeding, or being able to determine our true speed, how can one say we were in a speed contest? and then put down a speed of 55? I don't understand the whole thing, I'm gonna fight it, and hope it goes well. I go on wedsday. I will post what happens.. any other advice is welcome. thanks.

[CdwJava]

Like I said, it depends on the legal definition in your state. That definition would be defined by case law in most cases, and not within the text of the code.

For instance, in my state the way a speed contest is defined does not necessarily require anyone to be speeding at all, it can require they be showing off or competing against themselves or a clock. And an exhibition of speed can be a chirping of tires, revving of the engine, a number of possibilities. There may be a number of ways it can apply in your case.

An attorney can tell you what those definitions might be and whether the state actually might have a case.

- Carl

[Maestro64]

As Carl point out it depends on your own states definition, unlike most vehicle law which are uniform across most states, these "exhibition of speed" laws are very subject at best.

Many times it is based on the officer's opinion and nothing more. It could be as simple as the officer felt you were attempting to show off speed, as merely as accelerating faster than the vehicle next to you, keeping in mind you did not even have to go over the speed limit.

If you read the laws they do not say you can not accelerate more then xx Miles/sec*sec. Nor are there laws that says you can or can not accelerate as fast as your vehicle was design by the manufacturer. Most Police cruiser go 0 to 60 MPH in about 7 sec or so and most bikes do that in 2 to 3 seconds. The mere fact you can out accelerate a police cruiser can be considered "exhibition of speed" then add in the fact you have an officer (which some people do not believe police have bias) who had an obvious bias against your type of bike and you got the yourself a ticket.

Oh, do not expect the officer to state in court what was said to you on the side of the road, will not happen.

You can fight the ticket and focus on the facts, such as speed, and how was it obtained, and what exactly you did that made it an exhibition of speed. Go line by line and word by word through the code, and have the officer justify it with facts and not their opinion. People are guilt on facts not on opinions, guilty on someone's opinion went out in the Salem Witch Trial.

The reason a speeding ticket was not issues, was the fact it can not be supported by the use of radar or LIDAR, so the next best subjective ticket is and "exhibition of speed" justified by their opinion you were going 55.