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Speeding and "drag racing" tickets. HELP!!

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Wildghost44

Junior Member
So I was going 90 in a 45. I'm going to plea guilty to that. But I was also charged with drag racing another car. I was playing around, but I wasn't really drag racing. Today in court, when me and the other guy went to the stand , he plead not guilty to the racing, but guilty for the speeding. At first I said, "the same your honor." But he didn't hear me then I changed my plea to guilty on both counts. I have a rescheduled court date when the officer is supposed to be there. When I go back, what should I do? Plea not guilty? Should I have an attorney? I cant lose my license for a year. HELP PLEASE!!
 


Zigner

Senior Member, Non-Attorney
So I was going 90 in a 45. I'm going to plea guilty to that. But I was also charged with drag racing another car. I was playing around, but I wasn't really drag racing. Today in court, when me and the other guy went to the stand , he plead not guilty to the racing, but guilty for the speeding. At first I said, "the same your honor." But he didn't hear me then I changed my plea to guilty on both counts. I have a rescheduled court date when the officer is supposed to be there. When I go back, what should I do? Plea not guilty? Should I have an attorney? I cant lose my license for a year. HELP PLEASE!!

Yes, you will want an attorney. From what you've described, your situation likely qualifies as some sort of speed exhibition or contest. Please tell us your state and what exactly you were charged with.
 

Zigner

Senior Member, Non-Attorney
I'm in Tennessee I was charged with 90 in a 45 and drag racing.

Yeah, you're going to want an attorney.


For reference, here are the various definitions of drag racing in your state. Pay particular attention to (E):

[SUP](http://law.justia.com/codes/tennessee/2010/title-55/chapter-10/part-5/55-10-501/)[/SUP]

2010 Tennessee Code
Title 55 - Motor and Other Vehicles
Chapter 10 - Accidents, Arrests, Crimes and Penalties
Part 5 - Drag Racing
55-10-501 - Part definitions.

55-10-501. Part definitions.

As used in this part, unless the context otherwise requires:

(1) “Drag racing” means:

(A) The use of any motor vehicle for the purpose of ascertaining the maximum speed obtainable by the vehicle;

(B) The use of any motor vehicle for the purpose of ascertaining the highest obtainable speed of the vehicle within a certain distance or within a certain time limit;

(C) The use of any one (1) or more motor vehicles for the purpose of comparing the relative speeds of the vehicle or vehicles, or for comparing the relative speeds of the vehicle or vehicles within a certain distance or within a certain time limit;

(D) The use of one (1) or more motor vehicles in an attempt to outgain, outdistance or to arrive at a given destination simultaneous with or prior to that of any other motor vehicle; or

(E) The use of any motor vehicle for the purpose of the accepting of, or the carrying out of any challenge, made orally, in writing, or otherwise, made or received with reference to the performance abilities of one (1) or more motor vehicles;

(2) “Participant” means that person or persons who operate any motor vehicle or motor vehicles upon the public highways of this state, or that of any municipality or political subdivision thereof, for the purpose of drag racing, and also any person or persons who arrange for, supervise, or in any way and manner set in motion any drag racing, regardless of whether or not such person or persons may be the operator of, or be a passenger in, any motor vehicle participating in drag racing; and

(3) “Public highways” means all of the streets, roads, highways, expressways, bridges and viaducts, including any and all adjacent rights-of-way, that are owned, constructed, and/or maintained by the state, and/or any municipality or political subdivision of the state, and any and all highways, roads, streets, etc., that have been dedicated to the public use.

[Acts 1959, ch. 115, § 1; T.C.A., § 59-1040.]


ETA: Please understand that you have been charged with at least one misdemeanor. You NEED an attorney.
 

Wildghost44

Junior Member
I wasn't doing any of that. I was on my way to jump off my friends car and I saw another mustang. When I saw him, I just gave it some gas and then he tagged along with me as we both were accelerating faster and faster until I got to my turn. I wasn't " drag racing " so much as just goofing off where I shouldn't have been.
 

Silverplum

Senior Member
I wasn't doing any of that. I was on my way to jump off my friends car and I saw another mustang. When I saw him, I just gave it some gas and then he tagged along with me as we both were accelerating faster and faster until I got to my turn. I wasn't " drag racing " so much as just goofing off where I shouldn't have been.

Semantics. And not well done, at all.
 

Zigner

Senior Member, Non-Attorney
I wasn't doing any of that. I was on my way to jump off my friends car and I saw another mustang. When I saw him, I just gave it some gas and then he tagged along with me as we both were accelerating faster and faster until I got to my turn. I wasn't " drag racing " so much as just goofing off where I shouldn't have been.

Right, specifically, you "challenged" the other vehicle to demonstrate which vehicle was faster. Sounds a LOT like (E) above...which is why you need an attorney.
 

FlyingRon

Senior Member
I'm confused. The judge changed your plea to GUILTY? If you plead guilty, there's no obligation of the officer or much more proceedings other than to sentence you. Are you sure he didn't enter NOT guilty pleas. Judges often change guilty pleas to not guilty wnen the feel the defendant isn't making an informed, knowledgeable, and voluntary. Never EVER plead anything other than not guilty unless you have specific legal counsel as to the implications of doing otherwise.
 

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