JustAnotherVictim
Supramania Contributor
I'm assuming the person is not speeding. I've seen people loose control going quite slow, I used to live in Pennsylvania, it's not like every person who looses control is acting like a maniac.
Car impounded and $1,000+ in fines.
- Thread starter 89Turbo
- Start date
JustAnotherVictim said:
hmmm 1 benjamin franklin says "all season" radials
again the answer is not that hard but people insist on using what they got and HOPE for the best. There is a reason they sell winter tires and they are specifically for, WINTER Anybody who THINK all season radials are worth a damn below freezing or subzero tempratures... well they will find out first hand they are not
JustAnotherVictim
Supramania Contributor
I agree that if you aren't prepared at all or being stupid it is most definately is your own fault, but I just can't agree that it is all the time.
JustAnotherVictim said:I agree that if you aren't prepared at all or being stupid it is most definately is your own fault, but I just can't agree that it is all the time.
well all the time no. 99% of the time yes.
<--- have avoided being rear ended by just looking at my rear view and seeing the truck skidding hard.
<--- have avoided being t'd in an intersection by not taking of like a drag race (ie Green light and hammer throttle).
and the list is extremly extensive after that. I am just extremly attentive at what I do (ie radio not blasting at 100+ db or chatting on cell).
Demianu27 said:
***YAWN!!!****
They said the same thing off my dad. zero accidents, 37 years, still going.
Luck? No such thing, much like coincidence. Now drive like you and your goons and you are right. Sooner or later you will meet that black ice patch, non-ideal road conditions that you did not account for and you are brookes & DUN.
well figgie, while I understand your point you are kinda taking the stance to an extreme.
I have been driving 25+ years. I have been involved in a total of 3 accidents...none of which were my fault and only one caused me severe injury/damage. Let me describe the circumstances of each and please tell me where my own error caused me to be involved in the accident.
#1. Was driving in a lifted 73 blazer on West 11th in Eugene Or (some of you know this street and the traffic and how tight it is) I was sitting first in line at a stop light. A man of at least 70 was sitting next to me in a big american sedan of some description. The light changed green and I proceeded into the intersection. The guy driving next to me pulls out at the same speed as me and apparently was looking to his right and drifted into my lane, creasing my right fender a little. He apologized, and his insurance paid for my repairs.
#2. Was driving same Blazer to Corvallis from Eugene on thanksgiving day. There was a layer of snow on top of ice on hwy 99w. I was travelling at about 30-35 MPH (10 below the posted speed). Suddenly from the oncoming lane of traffic, a car (who, as it turns out was tailgating the car in front of her) looses control, goes off the road through a ditch and then jumps back up on the road, and slides sideways right in front of me. I had slowed down as much as I could in the conditions and could not give her any more room without myself going into a ditch. The impact for me was so minor that I couldnt even see any permanent damage (some paint on my chrome bumper that I was able to buff off).
#3. The most severe, and the most unavoidable as well. I was travelling at night on a road that heads out of town towards the open desert near Ridgecrest CA. There was one last stoplight to pass before I was completely out of town. I was on a motorcycle traveling at 35 MPH (the speed limit)
I noticed an oncoming car turn on its left turn signal as it was approaching the intersection. I flashed my high beams twice, pulled to the right side of my lane and slowed to about 30MPH. I had my self poised to brake hard as well. As I entered the intersection it appeared to me that the car had come to a complete stop, making it seem to me that she had seen me and was waiting for me to pass. Just as I was sure I was past her, my hand had barely begun to roll back on the throttle when....BOOM! In a split second the car was in front of me and a fraction of a second later I was flying over the car (fortunately I went over instead of into).
This last accident changed my life forever. I nearly lost my right leg and I certainly found a new sense of my own mortallity. But I can tell you, there was nothing more I could have done that night to avoid it...other than stay home.
However, this is all really pretty much off topic. I dont think the OP ever tried to claim he wasnt totally responsible for getting his car out of shape. I think what he was alluding to was that the treatment for the momentary lapse in judgement was a bit harsh for the conditions and circumstances. I would be willing to bet if he had simpley been ticketed for careless or wreckless driving, and he got a few nasty tickets we wouldnt even be hearing about it.
"Streetracing" by definition should mean there was someone else involved. If indeed there wasnt then the penalty was unjustified and excessive. I also think that his choice in vehicle contributed to his treatment. Im sure if he had done that same thing in an old sedan or a pickup truck, the "streetracing" tag would not have been put on it. Dont get me wrong, Im a big proponent of cracking down on illegal racing, but our law enforcement needs to use proper judgement when issuing citations and not just tag every import driver that gets a little squirlly as a "streetracer"
I have been driving 25+ years. I have been involved in a total of 3 accidents...none of which were my fault and only one caused me severe injury/damage. Let me describe the circumstances of each and please tell me where my own error caused me to be involved in the accident.
#1. Was driving in a lifted 73 blazer on West 11th in Eugene Or (some of you know this street and the traffic and how tight it is) I was sitting first in line at a stop light. A man of at least 70 was sitting next to me in a big american sedan of some description. The light changed green and I proceeded into the intersection. The guy driving next to me pulls out at the same speed as me and apparently was looking to his right and drifted into my lane, creasing my right fender a little. He apologized, and his insurance paid for my repairs.
#2. Was driving same Blazer to Corvallis from Eugene on thanksgiving day. There was a layer of snow on top of ice on hwy 99w. I was travelling at about 30-35 MPH (10 below the posted speed). Suddenly from the oncoming lane of traffic, a car (who, as it turns out was tailgating the car in front of her) looses control, goes off the road through a ditch and then jumps back up on the road, and slides sideways right in front of me. I had slowed down as much as I could in the conditions and could not give her any more room without myself going into a ditch. The impact for me was so minor that I couldnt even see any permanent damage (some paint on my chrome bumper that I was able to buff off).
#3. The most severe, and the most unavoidable as well. I was travelling at night on a road that heads out of town towards the open desert near Ridgecrest CA. There was one last stoplight to pass before I was completely out of town. I was on a motorcycle traveling at 35 MPH (the speed limit)
I noticed an oncoming car turn on its left turn signal as it was approaching the intersection. I flashed my high beams twice, pulled to the right side of my lane and slowed to about 30MPH. I had my self poised to brake hard as well. As I entered the intersection it appeared to me that the car had come to a complete stop, making it seem to me that she had seen me and was waiting for me to pass. Just as I was sure I was past her, my hand had barely begun to roll back on the throttle when....BOOM! In a split second the car was in front of me and a fraction of a second later I was flying over the car (fortunately I went over instead of into).
This last accident changed my life forever. I nearly lost my right leg and I certainly found a new sense of my own mortallity. But I can tell you, there was nothing more I could have done that night to avoid it...other than stay home.
However, this is all really pretty much off topic. I dont think the OP ever tried to claim he wasnt totally responsible for getting his car out of shape. I think what he was alluding to was that the treatment for the momentary lapse in judgement was a bit harsh for the conditions and circumstances. I would be willing to bet if he had simpley been ticketed for careless or wreckless driving, and he got a few nasty tickets we wouldnt even be hearing about it.
"Streetracing" by definition should mean there was someone else involved. If indeed there wasnt then the penalty was unjustified and excessive. I also think that his choice in vehicle contributed to his treatment. Im sure if he had done that same thing in an old sedan or a pickup truck, the "streetracing" tag would not have been put on it. Dont get me wrong, Im a big proponent of cracking down on illegal racing, but our law enforcement needs to use proper judgement when issuing citations and not just tag every import driver that gets a little squirlly as a "streetracer"
JustAnotherVictim
Supramania Contributor
I agree with WeezL
I am convinced I would kill myself on a motorcycle within a week.
JustAnotherVictim said:
I am convinced I would kill myself on a motorcycle within a week.
theWeezL said:
LE are not the ones to complain to. It is your state legislature that past the law to begin with. Most people here don't even know what is the LEGAL (as prescribed by your State Senate and house of Rep) definition of street racing. As I said just as me, at this point you are guessing because for all intents and purposes, just lighting up the tires can be construed as streetracing if the law that was passed calls it as such. You would be surprised how many laws get passed and no ones knows about them until after the fact.
Will the OP please post up the ORS # cited on your ticket. I would like to see what they specifically wrote you up for.
JustAnotherVictim
Supramania Contributor
As defined by the ORS:
811.125 Speed racing on highway; penalty. (1) A person commits the offense of speed racing on a highway if, on a highway in this state, the person drives a vehicle or participates in any manner in any of the following in which a vehicle is involved:
(a) A speed competition or contest.
(b) An acceleration contest.
(c) A test of physical endurance.
(d) An exhibition of speed or acceleration.
(e) The making of a speed record.
(f) A race. For purposes of this paragraph, racing is the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles or to test the physical stamina or endurance of drivers over long distance driving routes.
(g) A drag race. For purposes of this paragraph, drag racing is the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.
(2) The offense described in this section, speed racing on a highway, is a Class A traffic violation and is applicable on any premises open to the public. [1983 c.338 §568; 1985 c.16 §287]
Im still trying to find the information about what the maximum penalties are for a Class A Traffic violation. As a side note reckless driving is a class a midemeanor, so I believe that is actually a higher class of offence.
Edit: found it...looks like it could have been worse:
153.018 Schedule of penalties. (1) The penalty for committing a violation is a fine. The law creating a violation may impose other penalties in addition to a fine but may not impose a term of imprisonment.
(2) Except as provided in this section, a sentence to pay a fine for a violation shall be a sentence to pay an amount not exceeding:
(a) $720 for a Class A violation.
(b) $360 for a Class B violation.
(c) $180 for a Class C violation.
(d) $90 for a Class D violation.
And I also thought this was interesting, as I dont see the legal justification for impounding your vehicle, unless your not telling us something.
809.720 Impoundment for specified offenses; grounds; notice; release. (1) A police officer who has probable cause to believe that a person, at or just prior to the time the police officer stops the person, has committed an offense described in this subsection may, without prior notice, order the vehicle impounded until a person with right to possession of the vehicle complies with the conditions for release or the vehicle is ordered released by a hearings officer. This subsection applies to the following offenses:
(a) Driving while suspended or revoked in violation of ORS 811.175 or 811.182.
(b) Driving while under the influence of intoxicants in violation of ORS 813.010.
(c) Operating without driving privileges or in violation of license restrictions in violation of ORS 807.010.
(d) Driving uninsured in violation of ORS 806.010.
811.125 Speed racing on highway; penalty. (1) A person commits the offense of speed racing on a highway if, on a highway in this state, the person drives a vehicle or participates in any manner in any of the following in which a vehicle is involved:
(a) A speed competition or contest.
(b) An acceleration contest.
(c) A test of physical endurance.
(d) An exhibition of speed or acceleration.
(e) The making of a speed record.
(f) A race. For purposes of this paragraph, racing is the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles or to test the physical stamina or endurance of drivers over long distance driving routes.
(g) A drag race. For purposes of this paragraph, drag racing is the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.
(2) The offense described in this section, speed racing on a highway, is a Class A traffic violation and is applicable on any premises open to the public. [1983 c.338 §568; 1985 c.16 §287]
Im still trying to find the information about what the maximum penalties are for a Class A Traffic violation. As a side note reckless driving is a class a midemeanor, so I believe that is actually a higher class of offence.
Edit: found it...looks like it could have been worse:
153.018 Schedule of penalties. (1) The penalty for committing a violation is a fine. The law creating a violation may impose other penalties in addition to a fine but may not impose a term of imprisonment.
(2) Except as provided in this section, a sentence to pay a fine for a violation shall be a sentence to pay an amount not exceeding:
(a) $720 for a Class A violation.
(b) $360 for a Class B violation.
(c) $180 for a Class C violation.
(d) $90 for a Class D violation.
And I also thought this was interesting, as I dont see the legal justification for impounding your vehicle, unless your not telling us something.
809.720 Impoundment for specified offenses; grounds; notice; release. (1) A police officer who has probable cause to believe that a person, at or just prior to the time the police officer stops the person, has committed an offense described in this subsection may, without prior notice, order the vehicle impounded until a person with right to possession of the vehicle complies with the conditions for release or the vehicle is ordered released by a hearings officer. This subsection applies to the following offenses:
(a) Driving while suspended or revoked in violation of ORS 811.175 or 811.182.
(b) Driving while under the influence of intoxicants in violation of ORS 813.010.
(c) Operating without driving privileges or in violation of license restrictions in violation of ORS 807.010.
(d) Driving uninsured in violation of ORS 806.010.
JustAnotherVictim
Supramania Contributor
JustAnotherVictim said:
yes usually there is just enough vagueness to these statutes so as to allow for some interpretation by both the ticketing officer and the courts. While reading the statutes it is also possible for the agency your dealing with (in Portland its going to be Multnomah County circuit court) to actually reduce the class of the violation while keeping the statute under which it was written. Meaning, when you go to court they can append your record with the violation of "speed racing" but lower the charge to a class B violation.
Either way, I would be fighting the impoundment under the grounds of "no cause" based on ORS 809.720 But I would still like to know what the actual citation/s say
theWeezL said:
thanks WeezL that is exactly what i just got on the internet to find out, but if they already have my car and i need it back on Monday and my court date isnt until 9.8.06 how am i supposed to fight the fact that it was not supposed to be towed?????? DAMN THAT COP FOR TRICKING ME DAMNIT, DAMNIT DAMNIT DAMNIT