Judges can do anything they want. They don't even have to follow the law
or precedent (though they generally do to avoid being overturned on
appeal).
It sounds like your friend is in for some harsh treatment by the justice
system. Based on what you described he probably deserves it. But to
answer your question, in my opinion he still should do whatever he can
in his own defense. That could mean contesting the ticket and trying to
get it lowered to speeding. He could start by explaining that to the
court in a "trial by mail". He should buy a copy of the book "Fight your
Ticket" by David Brown, published by Nolo press.
> -----Original Message-----
> From: owner-ba-autox@autox.team.net
> [mailto:owner-ba-autox@autox.team.net] On Behalf Of Larrybsp@aol.com
> Sent: Wednesday, February 27, 2002 11:30
> To: darren@madams.com
> Cc: ba-autox@autox.team.net
> Subject: Re: Speeding ticket question (not mine)
>
>
> from:larrybsp@aol.com (Larry Stark)
>
> Darren,
> I think your friend is dead meat, not so
> much because
> of his particular situation as the public notice street racing and
> spinning donut events are getting in the media. Any tolerence
> or leeway went out the window with a KNTV camera in the room.
> He's in double trouble because he is old enough to know
> better. Just hope
> he doesn't get Judge Judy.
>
> Larry
>
>
> In a message dated 2/27/02 10:45:01 AM Pacific Standard Time,
> darren@madams.com writes:
>
> << Subj: Speeding ticket question (not mine)
> Date: 2/27/02 10:45:01 AM Pacific Standard Time
> From: darren@madams.com (Darren Madams)
> Sender: owner-ba-autox@autox.team.net
> To: ba-autox@autox.team.net
>
> 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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