PDA

View Full Version : Misc Laying drag ticket! In a FWD? =O



Sunkenkarma
04-10-2013, 12:13 AM
Have any of you had to deal with this ticket. So a few months back I was in my EG, with bald ass tires, in the rain, wet pavement. I started out in first, spun the tires, went to 2nd tires kept spinning and then I let off. This was from a red light. There was no smoke, no marks. I stayed in my lane and there was no one next to me or behind me. Low and behold a cop was a redlight back. Now, the only reason that I believe he knew I was spinning was from my exhaust tone, I had open header at the time =(. Well, When I found out that the ticket is damn near 800$ and a misdemeanor chage, I went to court last thursday and plead not guility for "Laying Drags", and I go back this thursday. Ill post the law and I did not do anything stated for the law. Let me know will some advice guys, do I have a chance of winning?

(a) No driver of any motor vehicle shall operate the vehicle upon the public streets, highways, public or private driveways, airport runways, or parking lots in such a manner as to create a danger to persons or property by intentionally and unnecessarily causing the vehicle to move in a zigzag or circular course or to gyrate or spin around, except to avoid a collision or injury or damage.

(b) The offenses described in this Code section shall be sufficiently identified on any traffic ticket, warrant, accusation, or indictment when referred to as 'laying drags.'

(c) This Code section shall not apply to drivers operating vehicles in or on any raceway, drag strip, or similar place customarily and lawfully used for such purposes.

(d) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.

1civic
04-10-2013, 12:17 AM
So you admit to spinning the tires threw 2 gears, but plead Not Guilty to "laying Drag".. Hmmmm

Sunkenkarma
04-10-2013, 12:20 AM
The law states nothing to do with "Spinning the tires" and "Laying Drag" as being the same thing.

-EnVus-
04-10-2013, 12:24 AM
AH! the old bald tires and lost grip on pavement excuse.....He could have ticketed you for bald tires and reckless driving, To fast for weather conditions if it was raining and maybe more.

1civic
04-10-2013, 12:26 AM
The law states nothing to do with "Spinning the tires" and "Laying Drag" as being the same thing.

Common sense bro!

Suck it up, and pay them folks, cause I lawyer would only get it reduced to minor traffic violation + fine, and cost of a lawyer would still be 1,000-1,500 buks.

Sunkenkarma
04-10-2013, 12:27 AM
AH! the old bald tires and lost grip on pavement excuse.....He could have ticketed you for bald tires and reckless driving, To fast for weather conditions if it was raining and maybe more.

I think I would have rather had those charges than this one. I mean, A misdemeanor? Woah. Also he could have, but didnt. Technically this law does not constitute what I was doing that day.

Sunkenkarma
04-10-2013, 12:29 AM
Common sense bro!

Suck it up, and pay them folks, cause I lawyer would only get it reduced to minor traffic violation + fine, and cost of a lawyer would still be 1,000-1,500 buks.


I dont really have 800 bucks to shell out at the moment, so I kinda opted for the "Hopeful" Route. Hope the cop doesnt show up >.>.

1civic
04-10-2013, 12:31 AM
I think I would have rather had those charges than this one. I mean, A misdemeanor? Woah. Also he could have, but didnt. Technically this law does not constitute what I was doing that day.

Sounds like you need to learn how to control your motor vehicle, and the law states that...lol

-EnVus-
04-10-2013, 12:33 AM
I think I would have rather had those charges than this one. I mean, A misdemeanor? Woah. Also he could have, but didnt. Technically this law does not constitute what I was doing that day.
Yes but they still consider in their books it really falls under "Wreak-less driving" and that carries up to $1,000 fine or 12 months in jail if not both.

1civic
04-10-2013, 12:34 AM
I dont really have 800 bucks to shell out at the moment, so I kinda opted for the "Hopeful" Route. Hope the cop doesnt show up >.>.

Talk to the DA or Solicitor, normally they will reduce charges if you agree to plead guilty, and pay fine.. Probation is also an option!

-EnVus-
04-10-2013, 12:34 AM
If it was Hall county then they will show up trust me lol

Sunkenkarma
04-10-2013, 12:35 AM
Yes but they still consider in their books it really falls under "Wreak-less driving" and that carries up to $1,000 fine or 12 months in jail if not both.

Then he should have given me a Wreckless driving ticket. Its a wrongful accusation. On another note, Is Innocent until proven guilty still real in america? If so, he has no prove of what I did or Didnt do.

Sunkenkarma
04-10-2013, 12:36 AM
If it was Hall county then they will show up trust me lol

Oakwood to be exact.

-EnVus-
04-10-2013, 12:39 AM
First offense ?

Sunkenkarma
04-10-2013, 12:40 AM
First offense ?

Not by a long shot. Im 23 and have had a bunch of speeding tickets, but all but one were about 5 years ago. The most recent was 2-3 years ago.

-EnVus-
04-10-2013, 12:43 AM
Not by a long shot. Im 23 and have had a bunch of speeding tickets, but all but one were about 5 years ago. The most recent was 2-3 years ago.
They will look at your record also and put in account for your actions with driving history but maybe you can work something out.

Sunkenkarma
04-10-2013, 12:45 AM
They will look at your record also and put in account for your actions with driving history but maybe you can work something out.

I can only hope they can work something out. Think I should still appear before the judge and atleast try to plead my case? lol

Echonova
04-10-2013, 12:49 AM
[h=5]So a few months back I was in my EG, with bald ass tires, in the rain, wet pavement. I started out in first, spun the tires, double-clutched it like I should to 2nd, tires kept spinning with an open header.This is all I read.


The "hope" defense is a losing strategy.

Saying you were driving on bald tires in the rain... Losing strategy

Saying he only heard you because you had a open header... Losing strategy.



Any defense you offer you are admitting to driving a car that should not have even been on the road (in the eyes of the law). If you couldn't leave a stop light with those bald-ass tires, how the hell were you stopping or turning? Not like you're driving a torque monster there...


Anyway, I'm not here to bash on you. Wish you the best of luck, perhaps if it's your first offense you can get it reduced to just the fine. But I don't see any logical way to talk your way out of this in front of a judge.

Edit: ^^^ Never mind, just read the "not your first offense thing"

1civic
04-10-2013, 12:54 AM
On that note, I wish my FWD would "Lay Drag"...LOL

Sunkenkarma
04-10-2013, 12:55 AM
So pretty much just take the charge? Im just wondering if theres any chance, even slightly. Of getting it reduced or dropped.

1civic
04-10-2013, 01:07 AM
So pretty much just take the charge? Im just wondering if theres any chance, even slightly. Of getting it reduced or dropped.

Told you ask, worst they say is no..

Doppelgänger
04-10-2013, 07:59 AM
I think I would have rather had those charges than this one. I mean, A misdemeanor? Woah.

You might want to look up the definition of misdemeanor lol.

You could have gotten reckless driving, or aggressive driving or racing or too fast for conditions or improper start.
While the "letter of the law" might be thought of as a black-and-white outline to what you can and cannot get a ticket for, there is a thing called interpretation. Just because it does not specifically "vehicle spinning tires" does not mean that it does not apply or cannot be applied to such an event. Thus part of the reason "laying drags" is used in quotations for the code section 40-6-251; it is implied that such activity constitutes a ticket-able offense. Subsection "b)" states the officer should have written on the ticket his reasoning for the citation, which in your case was spinning your tires which falls under that code section.

There are a number of ways that citation could be debated in court, pick your defense wisely!

I'm quite surprised at the speed they go from arraignment to trial. I've never seen that take less than 30 days. So you're saying that last Thursday was the date that was written on the ticket and that you already went before the prosecutor and set a trial date for next week? Did they give you the option for a bench trial or jury trial?

teh bri
04-10-2013, 09:38 AM
Have any of you had to deal with this ticket. So a few months back I was in my EG, with bald ass tires, in the rain, wet pavement. I started out in first, spun the tires, went to 2nd tires kept spinning and then I let off. This was from a red light. There was no smoke, no marks. I stayed in my lane and there was no one next to me or behind me. Low and behold a cop was a redlight back. Now, the only reason that I believe he knew I was spinning was from my exhaust tone, I had open header at the time =(. Well, When I found out that the ticket is damn near 800$ and a misdemeanor chage, I went to court last thursday and plead not guility for "Laying Drags", and I go back this thursday. Ill post the law and I did not do anything stated for the law. Let me know will some advice guys, do I have a chance of winning?

(a) No driver of any motor vehicle shall operate the vehicle upon the public streets, highways, public or private driveways, airport runways, or parking lots in such a manner as to create a danger to persons or property by intentionally and unnecessarily causing the vehicle to move in a zigzag or circular course or to gyrate or spin around, except to avoid a collision or injury or damage.

(b) The offenses described in this Code section shall be sufficiently identified on any traffic ticket, warrant, accusation, or indictment when referred to as 'laying drags.'

(c) This Code section shall not apply to drivers operating vehicles in or on any raceway, drag strip, or similar place customarily and lawfully used for such purposes.

(d) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.

PM Catnip. He has.

Vteckidd
04-10-2013, 11:07 AM
Very easy to beat. Tell them you where wearing sandals and your foot slipped off the clutch and it spun. If the cop wrote down the conditions as rainy or we pavement, you should have NO problem winning.

I was literally sideways in my RX8 fucking around when i passed a Cobb County cop and got out of it.

Vteckidd
04-10-2013, 11:09 AM
you should not plead to ANYTHING. This is a EASY WIN. FUCK, the cop wasnt even behind you, they dont even know if it was you in the first place.

Id just claim that your foot slipped off the clutch because it was raining and your shoes were wet, it spun for a second, you werent racing, you werent laying drag, the cop cant ticket you for something as frivolous as this.

Berta
04-10-2013, 11:11 AM
^^ that's funny.

But last I remember about laying drag ticket is it used to be a $175 or $250 ticket here in Macon and but they still classified it as reckless driving and was 4 points on your record.

.blank cd
04-10-2013, 12:54 PM
Thursday to Thursday? I've never heard of a traffic offense being tried so quickly either.

But if that's the case, you've probably already forgone speaking to a solicitor. Which might have been your best option to get it reduced to something else.

If you're being COMPLETELY HONEST (you weren't just dicking around seeing if you could get your wheels to spin in the rain and you got caught, and you're not just telling us this sob story to get our sympathy), its gonna come down to the officers testimony. If its really gonna be this Thursday, you need to call right now and ask for a continuance. Tell em you're sick or something

Then immediately go down to the clerks office and file for discovery.

And just to let you know, most traffic tickets in GA are criminal offenses. Speeding is also a misdemeanor. Look at the bottom of your ticket and it should say "license displayed in lieu of bail" somewhere.

1civic
04-10-2013, 01:05 PM
Back in '05 I come out of car wash from 2nd to 3rd sideways in the 240 w/open downpipe.. Low and behold Douglas county seen me, so once I seen him pull out with lights on I pulled over, popped hood, and jumped out opening hood.. Cop pulls up and ask what my problem was, I said sir I almost died.. He was like "why", I said my throttle cable stuck wide open and almost lost control of car back there...:crazy:


LMAO!!


He talked for a min, then said I better get that fixed... :super:

Vteckidd
04-10-2013, 01:45 PM
exactly, print out a receipt from a "shop" that says your throttle cable stuck open, and it was FUCKING RAINING. Tires spin in the rain. You going to ticket every car who has tires spin in the rain for LAYING DRAG?

Thats like saying because 2 cars are speeding on the highway they get tickets for RACING

Doppelgänger
04-10-2013, 02:00 PM
Thats like saying because 2 cars are speeding on the highway they get tickets for RACING

Technically, it is. Hell, you don't even need to have two cars if the cop wants to be extra dick; he can claim you were speeding in an attempt to cover more distance faster against time and that trying to cover distance against time is racing lol

quickdodge®
04-10-2013, 04:35 PM
So pretty much just take the charge? Im just wondering if theres any chance, even slightly. Of getting it reduced or dropped.

Talk to the solictor. They may be able to drop the charge to a civil misdemeanor which would keep the charge off your driving record. This usually only happens, though, if you're able to pay the entire amount of the fine up front. The fine is usually never reduced.

Doppelgänger
04-11-2013, 07:05 AM
Talk to the solictor. They may be able to drop the charge to a civil misdemeanor which would keep the charge off your driving record. This usually only happens, though, if you're able to pay the entire amount of the fine up front. The fine is usually never reduced.

Minor correction on this, the correct term would be local ordinance violation. Those do not get reported to the DDS and will not show up on your MVR.

quickdodge®
04-11-2013, 09:32 PM
Minor correction on this, the correct term would be local ordinance violation. Those do not get reported to the DDS and will not show up on your MVR.

It actually didn't correction, Mike. In the exact words of a couple of Dekalb County judges, it would be referred to as a civil misdemeanor. It would be at the judge's discretion as to what charge as I've heard both, but in my instances, they were "reduced" to civil misdemeanors.

Doppelgänger
04-11-2013, 09:46 PM
Interesting. In all my dealings with the legal system, which has been too much, I have never heard that term I mentioned. Will note for future reference.

quickdodge®
04-11-2013, 09:55 PM
It's basically the same thing.

DeeAOne
04-11-2013, 10:05 PM
Just take it man. I got one around this time last year in the 323. Almost same situation except it was dry, and the cop was directly behind me. You could imagine how shocked he was to see someone do it right in front of him. (He asked me if I was just being an ass. lol)

He could have hit me with all types of stuff, but I was apologetic from the get go. He was nice enough to write me a laying drag ticket. Here that ticket is $180, not $800. lol

Bacon
04-12-2013, 06:43 AM
So a fwd vehicle should be exempt from getting a laying drag ticket? The fact that you have had.multiple tickets in the past wont look good on your part.

Sent from my Galaxy S3 using Tapatalk.

Sunkenkarma
04-30-2013, 03:43 AM
Welp, went in and pled my case, just explained my car has a really weird clutch and that I planned to get rid of it ASAP because it was nothing but trouble, officer tried to come up with some bullshit, judge took my side and gave me the opprotunity for "Too fast for conditions" Which is no points on the license, nothing on my record and a 1/4 of the price the laying drag ticket was. I took that with a quickness. It never hurts to plead not quilty!

Black R
04-30-2013, 01:28 PM
Yup. ^