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Ticket for "Digging out".

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jnewman1991

Junior Member
What is the name of your state (only U.S. law)? Texas
So about an hour ago(8p.m.) I got a ticket for "digging out". I was pulling out of my parking spot and had my wheel turned all the way to the right to completely turn around and my tires squeaked a little, which is normal when you have your front tires turned too much.
I then got to a four way intersection inside the parking lot and on the other side parked, was a cop. I turned and was about to exit onto the main road when the cop moved and turned his lights on. I was trying to think what I had done the whole time.
So he rudely asks for my license and insurance then asks why I burnded out back there. Knowing that he was talking about my tires squeaking he said that wasn't true. So he wrote me a ticket and said that I was driving to fast, apparently 10mph is fast for a parking lot. He said there was people all around. Not true, there wasn't a person around till i got to the intersection. I then told him my story again and he wouldn't believe me.
So he gave me the ticket saying that burning out was unacceptable and that there was no reason I should accelerate with a car with so much power (a v6 mustang with a measly 175rwhp). I told him that I was not burning out at which he interupted and told me that I was "digging out". I signed the citation and he walked away.
I am baffled at how a cop could hear it when he was atleast 500 feet away. And if he had heard it why wait until i am about to turn onto a busy street to attempt to stop me. There was also no way for him to even make out that it was my car that burned out as there was at least 4 light poles and a couple of cars blocking view. It was also almost pitch black except for the amber lights provided from the streetlights.
So I was wondering if with this information, if it was even remotely to get my ticket dismissed. I feel that with him being so far away and him not even moving until i got 50 feet from him is proof enough that he was just out to get me because I was young and drive what is classified as a sprots car.

Sorry for the long wall of text.
 


Zigner

Senior Member, Non-Attorney
I don't believe that your tires squeaked because your front wheels were turned. You'll need to find a better way to described the incident if you expect to beat it.
 

jnewman1991

Junior Member
I know that was why they squeaked because it happens all the time when i pull out like that. Even with my old 97 silverado. And it wasn't even loud at all.
 

Zigner

Senior Member, Non-Attorney
I know that was why they squeaked because it happens all the time when i pull out like that. Even with my old 97 silverado. And it wasn't even loud at all.
AGAIN - your story is not believable. And I'm just the guy on the internet forum. Good luck trying to explain it in a hearing...
 

LSCAP

Member
I believe it. If I'm not careful with my Mazda 3, (it has a very sharp turning radius) It will make noises.

I would fight it if you can. Drop the anger, and tell it as you did here.
 

jnewman1991

Junior Member
I believe it. If I'm not careful with my Mazda 3, (it has a very sharp turning radius) It will make noises.

I would fight it if you can. Drop the anger, and tell it as you did here.
Thanks, someone who understands what I mean. I plan on going today and trying to get it dismissed.
 

Zigner

Senior Member, Non-Attorney
I believe it. If I'm not careful with my Mazda 3, (it has a very sharp turning radius) It will make noises.

I would fight it if you can. Drop the anger, and tell it as you did here.
My suburban makes noises when I turn sharply. A police officer would NOT pull me somebody over for those noises.
 

tranquility

Senior Member
I am baffled at how a cop could hear it when he was atleast 500 feet away. And if he had heard it why wait until i am about to turn onto a busy street to attempt to stop me. There was also no way for him to even make out that it was my car that burned out as there was at least 4 light poles and a couple of cars blocking view. It was also almost pitch black except for the amber lights provided from the streetlights.
And yet, he did. A little squeak he could not have heard nor identified which car made and his completely random guess was correct. A completely random guess of which he could not have known even happened.
 

HighwayMan

Super Secret Senior Member
Don't be surprised at the distance - he obviously DID hear it. My guess is that it was alot less than 500 feet though.
 

racer72

Senior Member
I believe it. If I'm not careful with my Mazda 3, (it has a very sharp turning radius) It will make noises.

I would fight it if you can. Drop the anger, and tell it as you did here.
Your car is front wheel drive, the OP's is rear wheel drive. There is a world of difference between the two when one starts from a stop with the wheels turned. It is easy to spin the rear tires of a rear drive car with the wheels turned sharply, you can't do that in a front wheel drive car.
 

HighwayMan

Super Secret Senior Member
Your car is front wheel drive, the OP's is rear wheel drive. There is a world of difference between the two when one starts from a stop with the wheels turned. It is easy to spin the rear tires of a rear drive car with the wheels turned sharply, you can't do that in a front wheel drive car.
He didn't say his wheels spin. He said his car "makes noises". Could be a power steering problem.
 

I_Got_Banned

Senior Member
So he rudely asks for my license and insurance...
You mean he didn't even say "please"? Shame on him! :rolleyes:

There was also no way for him to even make out that it was my car that burned out as there was at least 4 light poles and a couple of cars blocking view.
You hear a car peeling out... You look up (by your own statement, "there was nobody else around") you see a car coming from that general direction...

It was also almost pitch black except for the amber lights provided from the streetlights.
The glow of your car's headlights might have helped him pinpoint EXACTLY where your alleged "squeak" was coming from... ;)

I agree with Zigner... Work on your story OR, take your checkbook with you when you go to court.

Sorry for the long wall of text.
There are times where the more you say, the deeper you dig yourself in that hole... Keep that in mind while you're talking to the judge. Also remember that it is the prosecution burden to prove you're guilty, not yours to prove you're not; and in most cases, not testifying on your own behalf will work better for you as opposed to spilling your guts...
 

LSCAP

Member
Thanks Highwayman. My power steering is okay.


Believe it or not, today I did it again. The Mazda has a bit more torgue, and the rear wheels slide, as I turned and hit the gas pulling away from the curb, and did make some noise.

AND the front wheels will spin if I jump on it. Stick shift. Which I never do. The car has 140,000 miles on it. Actually the wheels "groan." :eek:
And if there's any dirt, gravel etc. Well, a bicycle can spin a wheel too.


BTW it was my kid's car, (he bought a Mazda speed 3) and I took over the payments, because I drive 40 miles to, and 40 from work, and it gets a little over 31 MPG.:)
 

racer72

Senior Member
He didn't say his wheels spin. He said his car "makes noises". Could be a power steering problem.
I would like to present a simple quiz to you. Hint: The answer to the first question is contained in the OP.

Question 1.
What to you think the phrase "digging out" means?

A. Eating a large sundae.
B. Using a small fishing pole to catch fish.
C. Spinning one's tires to make noise.
D. To become nervous and worried.

Question 2.
How many people have ever received a ticket for noisy power steering?

A. 3823
B. 3
C. 0
D. 14½.


Now for the answers.
Question 1.
The OP said:
So he gave me the ticket saying that burning out
A is pigging out, B is jigging out and D is wigging out.

Question 2.
Trick question. The answer is 3. On a remote island in the Indian Ocean called Montegero, it is a violation of a local law to disturb picobonk birds during the nesting seasons. Since the law was enacted, 3 people have received tickets for violating the picobonk bird ordiance because of noisy power steering. 7 have been cited for noisy exhaust, 4 slamming doors and 1 for sneezing too loud.
 

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