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I fully understand what you're saying and I know full well that this is exactly what takes place most of the time. What I'm saying is there is no provision in Florida Statute for the "testing" of a vehicle on a public road...period. If...and I say "IF" the OP was merely moving forward at a "normal" rate of speed, say with other traffic, then it wouldn't draw attention. "If" the intermittant miss or stumble was during accelleration, then take it to an on ramp to an interstate and test it there:thumbsup: I'm not saying the OP was wrong just that what he describes leaves too much room for "interpretation" on the part of the LEO on scene. Without video documentation, it's your word against his/hers. Quote:
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So take your car to a dealership and tell them you have a hesitation upon acceleration and then tell me how they try to diagnose the problem. Quote:
So is it against the law, for instance, for someone to go from 0 to 30 mph in first gear, thereby winding up the engine and perhaps SOUNDING like the car is "racing"? Specifically, how quickly can someone accelerate from 0 to 30 mph "legally"? Heck, for that matter, I'm not really certain of the source of such information, but the specs on muscle cars generally released from the manufacturers will quote such statistics as the acceleration from 0 to 60 to be used as a comparison with competing brands. So let's say that the Z06 can accelerate from 0 to 60 in 4 seconds. Is this a statistic for comparison that is actually ILLEGAL to do on a public road where the speed limit is 60 mph? Or is there some law that states specifically that someone can ONLY accelerate to a given speed NO LESS than a certain stated time limit? Stuff like this just cannot be TOTALLY at the discretion of the officer observing the incident. If a law is on the books that can cause someone to be fined or otherwise penalized LEGALLY, then it cannot be so overly broad and so vague in definition that someone doesn't have any way to know that what they are doing is actually illegal. What such laws do, in reality, is to give a LEO the capability of being able to enforce a law AT A WHIM without the person engaged in such activity having any POSSIBILITY of knowing beforehand that the activity they were intent to engage in could possibly be considered illegal. Which fosters and promotes ABUSE by a LEO so inclined, plain and simple. It gives an officer, who perhaps is just having a bad day and wanting to target SOMEONE (anyone!) as the focus of blowing off steam, a "law" that basically allows them to "get" someone on "something", because it is so vague and ludicrously defined that it actually has no real meaning. And as such, it provides no manner at all for any FACTS or EVIDENCE to be entered in either the prosecution or the defense in court other than the officer simply "observed" the defendant engaged in something that the officer is "interpreting" as being in violation of some vaguely worded and defined "law". A law that states going OVER 30 mph is against the law is clearly defined and easily provable as being a violation based on evidence the officer can provide. The driver is fully aware of the law, and has the ability to avoid violating that law via their own purposeful actions. The violation is for WILLFULLY violating a plainly stated law. On the other hand, a citation based on the claim that someone accelerated too rapidly in the officer's "opinion", with no factual data to be used as a yardstick of willful violation, is pure BS, in my opinion. Quote:
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What were you thinking anyway? Cops on Miami Beach give tickets for "cruisin'". Just knowing that, you should always be cognesant of them everywhere and not do anything to get their attention. |
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Also in response to someones suggestion to pay for a lawyer or use a ticket busting agencies that charges $60. I know about these places and have even used them in the past and had much success with them. They provide a great service to busy people that have no time to go in person to court and play the game of deal or no deal. i dont like paying anyone to do anything i can do, its the reason i change my own oil, cut my own lawn, paint my own apartment etc...I knowhow the system works, im going to waste half a day going to precourt, the judge in training is going to offer me a plea deal based on my past record and i can either take it or take my chances in court, before being reminded that losing might result in court costs not to exceed a $1000 or whatever (in my opinion a coercive tactic to scare people into just taking the deal and getting money out of you, since why should we pay court cost, doesnt our taxes already pay for this?). The system is such a joke and soo inneficient that im just wasting my time even ranting about it because its never going to change, if it hasnt by now. Damn i sound bitter lol I think i need to go lift some weights or something to get all this pent up anger out of my system. On a brighter note, whos going to Sebring on may24-25 for the open track event?? Someone on the Charger forums notified me about the event earlier today and i was seriously considering going since its open to first timers like myself. I have to reread the email again because i read it in a hurry, but i beleive it cost $200 and requires a specific helmet thats "something" approved ( i cant remeber right now). Does anyone know a good place to pick one of the up in south florida and a good safe,but affordable, brand/model they can recommend. Any recomendations would be greatly appreaciated. If u want more info about thsi event please let me know and i"ll send u the email i was sent regarding all of the details. At first i thought $200 seemed likea lot of money, but putting it in perspective, I'll rather pay a track providing a service to the community over a beaurcracy that squanders its citizens money with an inadequate system. Hope to see some of u guys there if im still in time to register. |
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Also Rich, you make alot of excellant points and I applaud you for running such a truly free forum where people can speak their minds and engage in an intellectual discussion without any of the negativity found in other forums. i agree that everyone should have a say, wether i agree with them or not, as long as its free of immature name calling and people stick to the facts. You should consider starting another thread consisting of all V8 modern American muscle cars. Im sure more than a few of the openminded charger forums members would become a member in a heartbeat after meeting some of the great members i have been fortunate to cyber meet on here. After reading several posts on here, i have to admit, you guys have a really tight knit family type atmosphere going on here, kind of reminds me of LXforums, too bad we are both seperated by our choice of cars. Im sure some of those guys would find alot in common with a few people that have commented on this post, including you Rich. Your site rocks, thanks guys for all of the advise. I still havent decided what im going to do, most probably just take take whatever they offer me in precourt as long as it doesnt involve any points being deducted. if i change my mind and decide to fight it till the bitter end, ill make sure to come back on here and update u on the outcome, once again thanks everybody, c'yall around. |
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It really is more of a family here:dancer01: We can debate and disagree all day long, yet ask for or need help and see who comes to your aid. I called one of the guys here a few weeks ago when my 87 tossed the serpentine belt:thumbsdown: Needed a tool I didn't have in my bag:( In 15 minutes he was on scene and in a half and hour we were done...including the run to Autozone for a new belt:thumbsup:Doesn't get any better than that! As far as the "Brilliant idea":lmao:I wouldn't hold my breath. No one wants big brother looking over thier shoulder all day, even the police. Although I see the positive side of the proposal, the safety and validation issues, the PBA, as you said, the Lawyers lobbyist and probably some other groups would be all over such a proposal like a fly on doo doo;). It would however, I firmly believe, reduce the back log in the courts, the unnecessary court cases (on both sides) and I think to a degree, improve the publics perception of the police by helping to validate thier (LEO's) observations.:thumbsup: Quote:
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But ask the crotch rocket riders. They're a good resource for such information and suppliers. As far as cost, you only have one brain. I'd suggest spending what you think your brain is worth. This truly is an area where you don't want to skimp on quality.:NoNo: And $200 for a track day is very resonable:thumbsup: COme on back (or stick around) as much as you like. You're always welcome here... Gordon |
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As I said before, I'm not arguing the point. I know it's done as a matter of procedure on a daily basis. And if we're talking about "normal accelleration" then no, there's no violation:thumbsup: Quote:
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:lmao:You'd be surprised;) That's why we have courts bro:thumbsup: Quote:
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Besides, in most cases, and there are exceptions, when someone commits one of the violations we're discussing, they usually knew ahead of time what they were doing "might" be illegal or maybe dangerous, and make a conscious decision to do it anyway. Most of the laws are pretty much common sense. Not that they all make sense, but the violations are pretty obvious. I don't agree with ambiguous way many are written, but if they get too specific then they're difficult if not impossible to enforce. IT's a ver gray line:( Quote:
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But using that same analogy, buying a Zo6 doesn't automatically make you a traffic violator any more than owning a ski mask makes you a bank robber:D:rofl1: Traffic laws need to be better written (IMO) but they never ask me:lmao::lmao: |
Some linkage:
http://www.tampagov.net/dept_police/...SS_316-191.pdf This was posted by Ghostrider on MMS: Quote:
And finally, Florida Statutes, Chapter 316. Gives you pretty much all you need or want to know about traffic statutes regarding moving violations....happy reading.... http://www.leg.state.fl.us/Statutes/...6/titl0316.htm :wavey: |
I should have had a 100 tickets the way i take off in my C6!
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