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    bloxingham's Avatar
    bloxingham Posts: 26, Reputation: 2
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    #1

    Oct 14, 2009, 12:20 PM
    Exhibition of Speed going to Trial.OVERKILL
    I apologize in advance for the length of this post, I'm just trying to figure some things out, and I was unsure where to post this, so I thought this was the right place, my apologies if its in the wrong category.

    At the end of July this year, my family and I had gone to an ATV Rodeo put on by my brother-in-law and his company. After it was over we all met up at a local pizza place to have some dinner. (as in we, I mean, myself, my husband, our daughter, my friend, my dad, my step-mom, my sister, her husband, my brother, his wife, my 3 other brothers, and my brother's girlfriend) So there was a lot of people there. After we ate, my husband, my daughter and I had to pick up our dog from the vet. While we were leaving there was quite a bit of traffic going north, and we had to go south. So when there was a break in traffic, we pulled out of the restaurant. My tires squealed for not even one second. I wasn't speeding because I had to stop in about 70 yards for a red light. Both my brother's pulled up on each side of me and we were talking until the light turned green. When the light turned, we started going, out of nowhere a police officer was behind me with his lights on. It kind of surprised me because I didn't see him at all. So we proceeded and I pulled off the boulevard and pulled over. He came up to the window and asked me for my documents. As I handed them to him, I was kind of confused as to why I was being pulled over, so I simply asked "what did I do, if you don't mind me asking?" and he replied with a "What didn't you do?! You were out of control!!" and walked off. My husband, my friend and I were thinking "Okay??" Right before he got to his car, he turned around and came back. When he came back he started yelling "Did you know I could impound your car RIGHT NOW?!" and I said "for what?" Then he proceeds to tell me that my registration is expired. Which I had no idea.. and I will tell you why after. So I explain to him that I had no idea that it was expired. He goes back to his car and I swear he was in his car for a good 25 minutes. He came back, handed my documents back and started writing me a ticket. While he was writing it, he asked me for my address. So I told him, then I asked if he wanted my zip code too, and he said "when i want your zip code, I will ask you for it." So I waited, gave him my information, he told me what he was citing me for (Expired Registration, and Exhibition of Speed), I signed the ticket, and left.

    In Utah, expired registration AND exhibition of speed are both accompanied with a court mandatory court appearance. (I'm not sure about other states)

    The next Monday, I was on my way to the DMV and was pulled over again, and issued a citation for expired registration. Even when I explained to him that I was on my way to the DMV to get a temporary plate, because my car is having problems. The converters went bad, and it was going to cost me $800 to fix them. (I need 2 converters, and universal converters don't work on my car unless you re-pipe the exhaust, making my bill well over $1000) Being tight on money like my husband and I are, we can't just front that kind of money, without months of saving, as I am staying home with my daughter until she is a little older to be sent to daycare. Anyway, I was cited again, and with a Expired Registration ticket, comes a court appearance. This one was in a different city.

    I attended court for my first tickets, and the first item addressed in court was the Exhibition of Speed citation, she asked how I was going to plea, and I said Not Guilty. They didn't even address the Expired Registration citation, they just set up a trial date. So I was unable to plead my case on the registration part.

    2 weeks later I attended court for my Expired Registration citation in Sunset City. Prior to my hearing I obtained my temporary plate and paid my registration fee. While I was there, I pleaded guilty, but with an explanation. I explained to the judge my whole ordeal with being issued the wrong sticker. He didn't care and was lecturing that I was the one at fault for not checking my documents, which is okay, I was only asked to pay $40.

    My trial date for Exhibition of Speed and Expired Registration is set for Monday October 19th, I am getting nervous. I can't afford to get a lawyer sadly. I don't know what I am going to do. I'm thinking about going to the city and seeing if I can meet with the district attorney, just to see what he thinks.


    I have a handful of questions about this...

    FIRST.. EXPIRED REGISTRATION: I bought my car late June the year before, and had some trouble getting it to pass emissions and inspections, due to an airbag light that was on, and something with my exhaust. So I had needed temporary plates up until August. When I finally was able to get my actual plates they gave me a number 8 sticker for my month, when really I should have gotten a 6 because that is when I paid my tax and registration fees. So really my paper did say June 09, so that would be partially my fault for not looking at my paper, and I am willing to take responsibility for that. BUT when I called the DMV and talked to them about how I was issued the wrong sticker and got a ticket for it. I told them that I though it was a bit unfair that I have to go to court and pay a fine because someone else made a mistake. The person that I talked to on the phone at the DMV said that all I would have to do is go there and get a letter stating that I was given the wrong sticker and that it wasn't my fault. But when I went there they said that they were unable to do that. I was furious.. but there was really nothing I can do. It was going to be my word against "the state" and I would lose. Anyway I understand that I should have looked at my papers, but when I received my papers it WAS June, I put them in my glove box and didn't look at them again. When I received my sticker for my plate, it WAS August so I didn't really think about it, I put it on my plate, and that was it. Honestly who gets in their car, opens their glove-box and looks at their registration papers, and sees that they are good to go and drives off? LoL! Because I don't! (sorry for the humor) Anyway, I got pulled over 2 times before I was issued this ticket, and those cops didn't say anything about it. Assuming, because it wasn't yet expired. But I thought they looked for things like that. But I may be mistaken, and that is okay.

    SECOND: EXHIBITION OF SPEED: Honestly I think this was a bit of an OVERKILL. I understand that Exhibition of Speed is, in terms of a 21 year old, showing off how fast your car is and/or street racing. Although I AM 21 years old, I kind of feel that I was discriminated because I am 21 years old, and drive a red sports car. But what the Police Officer didn't know, is that even though I AM 21, I do have my own family, a house my own mortgage, car payments and health insurance. Most 21 year olds don't already have their life started. I'm not trying to play out a pity party or anything, I'm just trying to explain that I am a responsible person, and I DON'T waste my time street-racing! The Police Officer told me that I was out of control, which I was CLEARLY not. He was making it seem like I was swerving all over the road, coming within inches of running over pedestrians. I know that I drive red sports car, which in return gets the attention of Police Officers, but just because I am 21 years old and drive a sports car, that doesn't put me with all the kids that race their cars with no care in the world, wrecking and killing innocent people. I find it a bit unfair that I am being categorized with those kinds of people. Just because I accidentally squealed my tires. Okay enough of my spill on that.
    When this happened it was early August, and being in Utah, it's pretty hot, even at 9:00. I remember it being humid that day just because I had to pull my bangs out of my face, so with it being hot and humid, wouldn't that make the combination of Road+Tires+Acceleration more likely to squeal while pulling out of a driveway? Not to mention that my car is a manual. My tires squeal all the time when I am turning, or even reversing. Stick-shift cars are way easier to "burn out" than an automatic. Anyway, my point is, hot/humid weather, pulling out of a driveway, and accelerating with a manual transmission vehicle results in tires squealing. Its not because I was showing off.

    How do I go about representing myself, if I am unable to get an attorney? I know that if the Police Officer doesn't show up, then it will probably get thrown out, but what are my odds of actually winning this case, when he is present? My husband, and my friend were in the car at the time, so having them there to testify will help.

    (I apologize for going into such detail, I asked this same question on Yahoo Answers, and they were all so quick to judge. Saying I'm exaggerating the costs of repairs of my car that I should just grow up, stop racing my car and showing off, and take responsibility for my actions. Which I am fully willing to do, but I think this case was blown WAY out of proportion. I hope that you guys won't treat me the same way.)

    Thank you so much for continuing to read this, I know its really long, but I felt that I needed to stress every aspect of my situation.
    SmellyDogsMom's Avatar
    SmellyDogsMom Posts: 67, Reputation: 3
    Junior Member
     
    #2

    Oct 14, 2009, 01:47 PM

    You lose on the expired tag, but lesson learned. As for the Exhibition of Speed, you could win if your testimony, and that of your witnesses, is credible. Even on a speeding violation, the burden of proof on the government and it is beyond a reasonable doubt.

    More than likely, you will be asked to pay the expired plate ticket and they may dismiss exhibition of speed charge. I would not give the song and dance about your tags and the state's mistake, however, as it will lessen your credibility.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Oct 14, 2009, 02:33 PM

    Going on about your car being a sports car, etc is not going to win you any points with the judge. Same with the wrong sticker song and dance. Basically, it's up to the person receiving the documents from the state to do a double check to make sure the documents match.

    If I was in your shoes with no attorney, I'd just be polite and pay whatever fine is imposed without a lot of tap dancing for the Judge which is just going to annoy him. I'm sure he'll be of the mind that if you can afford such a fancy car you certainly can afford an attorney.

    Your excuses as stated above are rather lame. Sorry, that's the way I read it You can only hope the cop doesn't show up.

    Edit: If you really want to make the Judge's day you can request a jury trial and request that he view the dash cam video from the officer's patrol car. Then he can see if your story or the officer's story is the one that holds the truth in the matter. Hopefully the dash cam did record your exit from the pizza joint. But if he didn't activate his lights some cameras are not activated until the lights or sirein is turned on to save camera time.

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