BMW
X1 / X2
forum
BMW Garage BMW Meets Register Search Today's Posts Mark Forums Read
BIMMERPOST Universal Forums Off-Topic Discussions Board Exhibition of Speed?

Post Reply
 
Thread Tools Search this Thread
      02-11-2008, 07:53 PM   #1
roy@gambitmotorsport
Something Else
roy@gambitmotorsport's Avatar
United_States
24
Rep
216
Posts

Drives: '07 335i coupe 6MT
Join Date: Jul 2007
Location: Los Angeles, CA

iTrader: (0)

Exhibition of Speed?

A "friend" of mine recently encountered this experience in "The OC":

----------

He was driving his 335i in the right lane down a large street, preparing to turn onto a freeway onramp. The light immediately prior to the onramp turned red, so he and the econobox in front of him came to a stop.

When the light turned green, they both made the 90 degree turn at about 5 or 10 miles per hour to the onramp, at which point the econobox took the right lane and he took the left. There was a several hundred foot straight shot up to the merge point into the freeway, so he punched it reaching about 75mph as quickly as possible (w/o breaking traction or swerving) and prepared to merge in with the traffic *going the same speed*.

At this point, he noticed what appeared to be a rapidly approaching Christmas tree in the rearview mirror, which he failed to note previously unlit (it being night). The friendly tree made large noises, too, so he pulled over, turned off the car, opened the window, and put his hands on the steering wheel (Authority Etiquette 101). So, now a policeman walked up and said, "Tonight's your lucky night. If I wasn't on another call, I'd book you for Exhibition of Speed!"

My friend glumly apologized and they both went their separate ways.

----------

My question is could he have really been written up? Would it have likely stuck if fought in court?

I understand the policeman's desire to have everyone move about safely. But there was also no racing, lack of control, or excessive speed taking place.
Appreciate 0
      02-11-2008, 08:03 PM   #2
ybbiz34
Brigadier General
ybbiz34's Avatar
712
Rep
4,959
Posts

Drives: 2023 330i M Sport
Join Date: Jul 2007
Location: USA

iTrader: (1)

Yes, "Excessive display of speed" is what it is called. Basically, if you accelerate really fast, and don't even break the speed limit, you could be written up. It is bullshit.
Appreciate 0
      02-12-2008, 11:12 AM   #3
Couch
Colonel
Couch's Avatar
146
Rep
2,900
Posts

Drives: E92 335i
Join Date: Jan 2007
Location: Houston

iTrader: (0)

Garage List
2007 E92 335i  [0.00]
Yep, they can. My dad told me he received a ticket for this in his TR-6 when he was in his 20's.
Appreciate 0
      02-12-2008, 12:43 PM   #4
Maestro
Major
1074
Rep
1,268
Posts

Drives: 2007 335i Sedan, 2021 X3
Join Date: Nov 2006
Location: Philadelphia

iTrader: (0)

Its is the new catch all ticket the police and use when they suspect you to be a street racer or just someone who they think could be up to no good on the public streets.

Yes it stands up in court since there is no way for you to prove or disprove what the officer observed. All the officer has to say is he observed you accelerating quickly, does not even have to say how quickly and nor does he has to show it was above what is considered normal.

The laws does not say anything about being greater than so many feet/sec-sec is consider exhibition of speed.

In the case of your friend the sure fact he passed another car is enough to get one of these tickets, even if the other car was not accelerated and your friend did not break speed limit.

They are trash tickets with no defense since it is all subjective.
Appreciate 0
      02-12-2008, 12:49 PM   #5
O-cha
Brigadier General
O-cha's Avatar
232
Rep
4,726
Posts

Drives: Mcoupe
Join Date: Oct 2007
Location: In front of you

iTrader: (2)

Quote:
Originally Posted by Maestro View Post
Yes it stands up in court since there is no way for you to prove or disprove what the officer observed. All the officer has to say is he observed you accelerating quickly, does not even have to say how quickly and nor does he has to show it was above what is considered normal.
No it doesn't.

Quote:
Trial court properly found section 316.191 to be unconstitutional both facially and as applied on vagueness grounds and properly dismissed charge against defendant on that basis -- Definition of racing as use of one or more motor vehicles to outgain or outdistance another motor vehicle, without including an element of competition, encompasses numerous legal maneuvers and makes scope of proscribed conduct vague and the statute facially unconstitutional -- Further, statute was vague as applied because defendant's alleged conduct was not clearly proscribed by statute, as it was unclear whether he was attempting to “outgain or outdistance” the other driver or simply speeding -- Trial court erred in finding statute unconstitutional on overbreadth grounds -- Overbreadth is not implicated where statute does not affect a fundamental constitutional right, and courts h ave held that the right to travel does not encompass a fundamental right to drive
__________________
Appreciate 0
Post Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 10:19 AM.




u11
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST