A coworker of mine, out test-driving his daughter's new car, got into
a stoplight to stoplight [not a] race with another car. He was spotted
by a cop and ticketed for CVC23109 (B), which is aiding or abeting in a
race, with A being participating in a race (although there's all kinds
of things about it being organized, timed, etc. etc.) 23109 C is
participating in an exhibition of speed. B is a 1 point ticket, A & C
is a 2 point ticket.
So, his question is does anyone think he could get his ticket knocked
down to regular speeding, because it wasn't an organized race, and he
wasn't really racing (no revving of engines, no burnout or wheelspin,
etc.) or by contesting it does he risk having the judge move it to a
participation ticket and giving him 2 points. Can a judge move a ticket
up from what an officer wrote? Are courts entirely unsympathetic these
days.
Also, 23109 A & B all say the word "Highway", but he was on a city street
if that makes any difference.
I'm sure some of you crazy kids (btw, he's 40-something, and the copped
asked him if he wasn't too old to be racing around) have run into these
kinds of situations before. What do you think?
--Darren
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