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I have a question about a ticket I received last night.

Hi I have a...

Hi I have a question about a ticket I received last night

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

North Carolina

Lawyer's Assistant: Has anything been filed or reported?

Yes a ticket for opperating a motor vehicle in a “speed competition”

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. No ticket for speeding or reckless driving was given. Also, I was not speeding and there is no speed on my ticket.

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Answered in 2 minutes by:
3/11/2018
RobertJDFL
RobertJDFL, Attorney
Category: Traffic Law
Satisfied Customers: 14,649
Experience: Experience in numerous areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. What specifically do you want to know about this matter? Are you asking what the nature of the charge and potential penalties are?

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Customer reply replied 1 month ago
My situation was a little bizarre and I am wondering if it will hold up in court
Customer reply replied 1 month ago
Received a ticket for speed competition but I wasn’t speeding and it was NOT a speed competition with another vehicle. We were simply revving our engines at a stoplight and took off at the light.

Thank you for your reply. Please give me a few minutes to look at the statute --I want to see if racing is actually defined in the statute or not. Looking at the charge itself, I can tell you it's very broadly written - but I want to look into it some more. Please give me just a bit.

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Customer reply replied 1 month ago
Ok. Thank you

I appreciate your patience.

As the law is written, and given the facts you've provided, I do think a prosecutor could make a case that would at least stand up to an attempt to dismiss it. There are two offenses that can be charged with unlawful speed competition (unlawful racing). It can either be charged as the more serious prearranged racing, which you weren't, or willful racing. Willful racing occurs when two drivers race spontaneously, and is typically what a driver is charged with when he or she races out of a stop light or on an interstate. From what you've stated, this is basically what happened -you and another driver reveved your engings at a light and then took off. It doesn't matter how fast you were going when you pulled out -it's the act of racing that caused the officer to issue a citation.

Give me a moment to type out more, but I wanted to start you with this.

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Customer reply replied 1 month ago
Ok

The statute also doesn't define anywhere what a "speed competition is." That's why I said the law was broadly written - it gives an officer broad discretion to decide whether someone is racing (in their opinion) and then a prosecutor can argue the facts and a court can decide.

So, in order to try and beat this, you (or ideally, an attorney) would have to argue that what you and the other driver were doing wasn't racing. If you take the definition of racing, it means something like a challenge to demonstrate superiority, a competive response to a challenge, or an attempt to outdistance oneself from another." If you were just "showing off" with no intention of racing, you may be able to beat it. "Peeling away" from a light doesn't necessarily also mean you were trying to race - my car is 7 years old, and if I step on the gas pedal with a little too much pressure, it makes my car peel out, though I certainly am not racing anyone in my 2010 Kia Forte. That could be a little harder to prove -because you would need to demonstrate it's a mechanical issue with your vehicle.

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Customer reply replied 1 month ago
you’re saying if I get an attorney out most likely be helped out with this situation being thrown out if I don’t get an attorney I could suffer the full consequences of this type of ticket

An attorney doesn't guarantee a positive outcome, but what I am saying is it is a serious charge -it's a misdemeanor and can result in a 1 year suspension of your license, plus a 300% increase in your insurance premiums.

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I wouldn't --if this was me - even consider going into court on this without a traffic attorney.

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Customer reply replied 1 month ago
Ok think you for all your help

My pleasure. I appreciate the opportunity to be of assistance. Please let me know if I may clarify anything or provide you with more information.

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If not, please remember to leave a positive rating for me by clicking on the stars at the top of the page so I am credited by the website.

RobertJDFL
RobertJDFL, Attorney
Category: Traffic Law
Satisfied Customers: 14,649
Experience: Experience in numerous areas of the law.
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Category: Traffic Law
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