Need some help,''drag racing and reckless''

[jsnm]

What is the name of your state? DE

I got pulled over the other night at 8pm,march 25,2005,my age is 21.The cop gave me a ticket for reckless driving and drag racing.He did not clock me in at any speed,and i was not racing,he simply saw another car going at a faster speed than normal and stated we were racing.we were on a highway(I-95) in newark,DE.so there is no possible way that me and another guy could stop in the highway and start ''drag racing'',not to mention this other car was going very fast,and was no where near my car.Also the cop made me sign the paper,and i must appear in court on april 25,2005,he said i am going to lose my license for 6 months for the drag racing automatically.He stated he may be able to help me if i take defensive driving classes,and he may be able to drop one of the charges,but arent both of these the same charge?Not to mention,the cop did not ask me,'do you know why i pulled you over',nor did i say anything to him about,yes i was drag racing or not.Can anyone help me on what i should do,should i get a lawyer and fight it,and is the 6 month suspension true?thank you.

Originally Posted by jsnm

What is the name of your state? DE

I got pulled over the other night at 8pm,march 25,2005,my age is 21.The cop gave me a ticket for reckless driving and drag racing.He did not clock me in at any speed,and i was not racing,he simply saw another car going at a faster speed than normal and stated we were racing.we were on a highway(I-95) in newark,DE.so there is no possible way that me and another guy could stop in the highway and start ''drag racing'',not to mention this other car was going very fast,and was no where near my car.Also the cop made me sign the paper,and i must appear in court on april 25,2005,he said i am going to lose my license for 6 months for the drag racing automatically.He stated he may be able to help me if i take defensive driving classes,and he may be able to drop one of the charges,but arent both of these the same charge?Not to mention,the cop did not ask me,'do you know why i pulled you over',nor did i say anything to him about,yes i was drag racing or not.Can anyone help me on what i should do,should i get a lawyer and fight it,and is the 6 month suspension true?thank you.

Q: He stated he may be able to help me if i take defensive driving classes,and he may be able to drop one of the charges,but arent both of these the same charge?


A: Reckless driving is generally failing to follows the rules of the road (spinning tires, etc.) Some states have a careless and imprudent driving which is reckless driving to the extent that it endangers life or property. Drag racing is generally increasing speed while being passed; a start to the race is not an element of the crime and neither is speed.


Q: Not to mention,the cop did not ask me,'do you know why i pulled you over',nor did i say anything to him about,yes i was drag racing or not.

A: Irrelevant.


Q: Can anyone help me on what i should do,should i get a lawyer and fight it,and is the 6 month suspension true?

A: Sure you can get a lawyer and I recommend it. The six month suspension is undoubtedly true (I haven't Googled it but you can, sticking in delaware and the statute number you were charged with). I'd take the defensive driving in exchange for dropping the drag racing; there will be a huge fine on the reckless and you will have huge insurance rates.

Do you have any evidence that you were not drag racing? If so, you may be able to beat it. If not, go for the plea bargain.

[JETX]

Originally Posted by jsnm

should i get a lawyer and fight it

You have ZIP chance of winning without one (and maybe a little bit with one) so it is your call.

and is the 6 month suspension true?

Yep, it appears so.

Per Delaware statutes:
§ 4172. Speed exhibitions; drag races and other speed contests.
(a) No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration and no person shall aid, abet, promote, assist or in any manner participate in any such race, competition, contest, test or exhibition.
(b) No person shall accelerate or try to accelerate a vehicle at a rate which causes the drive wheels to spin or slip on the road surface. This subsection shall not apply during periods of inclement weather.
(c) No owner or person in charge of a vehicle shall permit that vehicle or any vehicle under the person's control to be used by another person for any of the purposes listed in subsection (a) or (b) of this section. If any vehicle is witnessed by a police officer to be in violation of this section and the identity of the operator is not otherwise apparent, the person in whose name such vehicle is registered as the owner shall be held prima facie responsible for such violation.
(d) Whoever violates this section shall be fined for the first offense not less than $25 nor more than $200, or imprisoned not less than 10 days nor more than 30 days or both. For each subsequent like offense, the person shall be fined not less than $50 nor more than $400, or imprisoned not less than 15 days nor more than 60 days or both. Upon receiving notice of a conviction for a first offense, the Secretary shall forthwith suspend the driver's license of the person convicted, for a period of not longer than 6 months. Upon receiving notice of a conviction of a subsequent like offense, the Secretary shall suspend the driver's license for a 1-year period. Notwithstanding the foregoing, there shall not be a suspension of driver's license upon conviction for a first offense under subsection (b) of this section.