Street racing on highway

[kidrcth]

What is the name of your state? Florida

Tonight i had just gotten off work. I left work and pulled to the stop light at the intersection.

All the sudden my car starts acting very funny. so i give it gas to stop it from stalling, but the gas pedal gets stuck down, dont ask me but it got stuck down completely. With my gas pedal stuck, and my foot on the brake, i couldn't stop the car from moving into the intersection. Cars were coming, i had two choices, sit and wait for a car to hit me or run the red light and live.

So i ran and pulled over as quickly as i could, i had the car in neutral by then(couldn't think that quickly before), and so i stopped and somehow, without me noticing the thottle had become depressed by the time i stopped, and the car stalled. but there are 4 cop cars already behind me and they say with the loud speaker, "stay where you are, dont move." So i stay in the car, put my hand on the wheel. Cop approaches and i say "office i swear to god the pedal was stuck down." The cop refuses to believe me becuase my car is so loud that it seems as if its going fdaster then it is. They all say they saw me racing in my works parking lot, yet my coworker ronda was in front of me until the light. I wasn't doing more then 20mph in a private parking lot behind another car.

So they arrest me, well hand cuff me, and install me into the back seat, begin to leave and i ask, wait do i get to call my mom, he asks how old i am, and i say 17. So he stops and tells the other officers, and they call my mom and she comes 30 minutes later.

While i'm sitting the police search my car, find nothing except old cigarettes(i've never smoked in my life before) under the passenger side seat. I ask continually for them to turn the ignition off, car already being stalled, and to trun off the head lights. They refuse and act like they have no idea howto turn off head lights.

So after all this i get 3 tickets. Racing on Highway(316.191 subsection 2), Running red light(316.074), and Improper Equipment(316.215)

being that there was nothing i could do to stop the car from going, i cant except that thje running red light and racing ticket are completely my fault, illegal exhaust i can live with.

Is there anything i can do to fight this ticket, my insurance will tripple with an extra 7 points on my license.

What is there that i can do?




shane

[Curt581]

Originally Posted by kidrcth

What is the name of your state? Florida
All the sudden my car starts acting very funny. so i give it gas to stop it from stalling, but the gas pedal gets stuck down, dont ask me but it got stuck down completely. With my gas pedal stuck, and my foot on the brake, i couldn't stop the car from moving into the intersection. Cars were coming, i had two choices, sit and wait for a car to hit me or run the red light and live.

I give you some credit... if only for coming up with one of the more outlandish stories I've ever heard. And I've heard alot. But I have to subtract points for the story being totally implausible, and lacking in any real creativity.

So i ran and pulled over as quickly as i could, i had the car in neutral by then(couldn't think that quickly before), and so i stopped and somehow, without me noticing the thottle had become depressed by the time i stopped, and the car stalled. but there are 4 cop cars already behind me and they say with the loud speaker, "stay where you are, dont move."

The cops were already coming after you, and saw you blow the red light. They probably thought you were fleeing.

So i stay in the car, put my hand on the wheel. Cop approaches and i say "office i swear to god the pedal was stuck down." The cop refuses to believe me becuase my car is so loud that it seems as if its going fdaster then it is.

No, the cop didn't believe you because you were almost certainly lying. "Officer, I swear to God..." translates as "Here comes a totally improbable BS story which is going to insult your intelligence".

And "loud" doesn't necessarily mean "engine redlining from a stuck throttle". Cops aren't stupid.

They all say they saw me racing in my works parking lot, yet my coworker ronda was in front of me until the light. I wasn't doing more then 20mph in a private parking lot behind another car.

Except for the part that you think they didn't see.

So they arrest me, well hand cuff me, and install me into the back seat, begin to leave and i ask, wait do i get to call my mom, he asks how old i am, and i say 17. So he stops and tells the other officers, and they call my mom and she comes 30 minutes later.

You lucked out. If it had been me, you'd have been calling Momma from Jail.

While i'm sitting the police search my car, find nothing except old cigarettes(i've never smoked in my life before) under the passenger side seat.

The search was incident to arrest, making it perfectly legal. As an aside, I would have impounded your car, at the minimum for not being roadworthy.. ie, a safety hazard to the public. The throttle sticks, remember?

I ask continually for them to turn the ignition off, car already being stalled, and to trun off the head lights. They refuse and act like they have no idea howto turn off head lights.

Maybe they didn't. And if you didn't ask nicely, I wouldn't have, either. It wouldn't matter to me if your battery died.

So after all this i get 3 tickets. Racing on Highway(316.191 subsection 2), Running red light(316.074), and Improper Equipment(316.215)
Being that there was nothing i could do to stop the car from going, i cant except that thje running red light and racing ticket are completely my fault, illegal exhaust i can live with.

No, of course not. It doesn't matter that it's YOUR car, meaning you are responsible. It doesn't matter that you were driving, and your foot was on the gas pedal, and therefore responsible.

Is there anything i can do to fight this ticket, my insurance will tripple with an extra 7 points on my license.

In order to use the above story as a defense, your car will have to be diagnosed and repaired by a true certified mechanic, not "dude down the block who works on cars". Mr. Mechanic has be willing to attend a hearing, where he'll have to submit to, and pass, a lengthy examination in order to be certified by the court as an impartial expert witness. He'll then have to testify about the alleged stuck throttle, and whether it was actually stuck or not at the time in question. The odds of all of that happening, and a judge or jury actually believing it, are essentially slim to none.

What is there that i can do?

Have an attorney come up with a completely different defense, or talk to the prosecutor about what kind of deal he'd be willing to offer.

[You Are Guilty]

Don't forget that there is no car on the planet who can outpower it's own brakes to the extent described by our poster. But, bonus point given for creativity.


Enjoy the insurance increase.

[kidrcth]

ok, wella as both of you seem to think i am lieing. I am not. the throttle really was stuck down, and i couldn't stop the car. Remember, when your stopped at a light, how mnay of us like to push the pedal down all the way, or just enough to stop us from moving?

I had half a second to initiate responce, and then another half to hit the brake as far down as possible. But once your already rolling with WOT, its hard to stop completely. Trust me, when my idle was set improperly by the tranmission shop a week ago, it was making weird stops, the rear end would point up when i stopped.

But i was told today, that once the hand cuffs were on me, i was technically, half way under arrest, the next step was to install me in the police car. He did that without ever reading me my rights.

they searched my car without asking me, they can search upon arrest, but they cant search without arrest, they broke a law somewhere. Then when i was relocated while in the cop car, they broke a law ther,e i am only 17 years old, they have to call my parents before they do pretty much anything to me. and by relocating me, they broke that law.


Now what can i do?

[You Are Guilty]

Originally Posted by kidrcth

ok, wella as both of you seem to think i am lieing. I am not. the throttle really was stuck down, and i couldn't stop the car. Remember, when your stopped at a light, how mnay of us like to push the pedal down all the way, or just enough to stop us from moving?

I had half a second to initiate responce, and then another half to hit the brake as far down as possible. But once your already rolling with WOT, its hard to stop completely. Trust me, when my idle was set improperly by the tranmission shop a week ago, it was making weird stops, the rear end would point up when i stopped.

But i was told today, that once the hand cuffs were on me, i was technically, half way under arrest, the next step was to install me in the police car. He did that without ever reading me my rights.

they searched my car without asking me, they can search upon arrest, but they cant search without arrest, they broke a law somewhere. Then when i was relocated while in the cop car, they broke a law ther,e i am only 17 years old, they have to call my parents before they do pretty much anything to me. and by relocating me, they broke that law.


Now what can i do?

I don't suppose you know yoga, do you?

[Curt581]

Originally Posted by kidrcth

ok, wella as both of you seem to think i am lieing. I am not. the throttle really was stuck down, and i couldn't stop the car. Remember, when your stopped at a light, how mnay of us like to push the pedal down all the way, or just enough to stop us from moving?

I had half a second to initiate responce, and then another half to hit the brake as far down as possible. But once your already rolling with WOT, its hard to stop completely. Trust me, when my idle was set improperly by the tranmission shop a week ago, it was making weird stops, the rear end would point up when i stopped.

The fact remains that it's your car, and you were driving. Like it or not, that makes you responsible. If you want to use a mechanical failure as an active defense, you will be required to show proof in the form of expert testimony. A judge will not just take your word for it.

But i was told today, that once the hand cuffs were on me, i was technically, half way under arrest, the next step was to install me in the police car. He did that without ever reading me my rights.

You were grossly misinformed. Handcuffs do not mean "halfway under arrest". They are restraints, nothing more. Putting you in a police car is not the "other half". What consistutes a detention or arrest is whether or not you were free to leave. You were under arrest. That does not mean the police can't 'unarrest' you and release you to your mother.

Not every arrest requires that you get "read your rights". Miranda warnings relate to questioning, nothing more. If the cops don't intend to ask you questions after arrest, they don't have to read you your rights. Not doing so does not invalidate an arrest... it just means that any questions answered can't be used against you.

they searched my car without asking me, they can search upon arrest, but they cant search without arrest, they broke a law somewhere.

No, they didn't. They don't need your permission under the scenario you described. And yes, they can search in certain instances without arrest. Like an inventory search before impounding the car.

Then when i was relocated while in the cop car, they broke a law ther,e i am only 17 years old

No they didn't. What, do you think 17 year olds can't be arrested? Guess again.

they have to call my parents before they do pretty much anything to me.

False. The police need a warrant or probable cause to arrest you. Based on your story, they DID have probable cause. They do not need your parent's permission.

and by relocating me, they broke that law.

No, they didn't.

Since you've graduated law school, (obvious by your writing skills) and apparently have all the answers.... Why are you asking us?

Now what can i do?

Hire an attorney, or take whatever deal the prosecutor offers.

[Castigator]

Little Mikey at it again... Let me help you a bit... What may have garnered their attention you wonder?...

That many cruisers responding assures it wasn't just a stop light violation. LMAO!! So I take it you made it back to FL huh?

Maybe they thought the 2x4's for your T-Tops in the hatch were weapons of mass destruction.
Maybe you said 'dood' too many times. (Officers do NOT think it's 'cool')
Maybe constantly grabbing second with that -Immaculately Installed- 'B&M shift kit' wasn't such a good thing after all.
Maybe the Bondo was falling off your rubber wing.
Maybe they heard you didn't know there was an accessory position for the key.
Maybe the cancer was falling off of 'Lisa' all over the road.
Maybe you put too much Zaino on the Bondo and rust.
Maybe it was the $200 BBC sitting in the hatch.
Maybe your hood flew open while you were driving again?
Maybe it was that glove compartment you replaced the back seats with.
Maybe your harmonic balancer finally vibrated right off the crank snout and smashed into the cruiser chasing after you.
Maybe you need to buy 'Driving Legally for Dummies'.
Maybe you were dropping plumbing supplies all over the street from your cold air intake setup.
Maybe it was the $50 Eaton Superchargers laying on the passenger floor.
Maybe you took one of their daughter's out to Denny's then posted about your 'date' on the internet.
Maybe the Cops were allergic to fur.