How can this be careless driving??

[CJ]

OK, heres the story.

About a month ago I take my car out for a drive to do some data logging trying to tune it in. I am at a red light about to turn left onto the highway and a police officer is at the redlight facing the direction im turning as my light turns green. I take the turn onto the highway while im in 1st gear, as I straighten the car out I romp on the throttle just a tad then shift to 2nd, 3rd, 4th, 5th, 6th then cruise as 55. Now I have longtube headers and a mufflex catback so the car is pretty loud but I never went past about 50% trottle. As Im cruising down the highway I see the officer speeding up behind me then his lights come on. My first thought was that there must me an emergency and he needs to go around so I immediately pull into the median and slow down. However he pulls right in behind me. So I stop and roll down my window and wait to find out why he pulled me over. I see him walk up to the car just staring with an angry face and what looks like his hand cocked by his gun. I just stick my head out the window and say, "yes sir?". He immediately goes ranting about how my driving so I aske him what i did wrong. He says "Improper start, careless driving, speeding....where do you want me to start." I asked him again what i did was wrong as I hand him my license and reg. and he replies with "if you want to get smart about it ill give you all 3!!". So i just shut up. He then comes back with the ticket and gives it to me and I ask again what the ticket was for because id like to know what i did wrong so I wont do it again. He just pointed at the ticket and said "it says right there...careless driving." At this point my brother in the passenger seat gets upset and starts argueing with the officer and in the end i have a careless driving ticket as the cop is spinning throught the median driving off. Now, I have a data log of the whole time I was driving and I never broke the speed limit, never broke the tires loose, and never went over 50% throttle. So I have no idea what i did that was unlawful.

Im taking this with me to court next month, along with a copy of the complaint i filed against the officer with the major of the station. Ive never fought a ticket before so I have no idea of what to expect so any advice would be apprecieted. thanks

[KamaroZ'91]

If you take off fast, say doa burn out or just nail the accelerater from a roll. Thats considered an improper start.

Careless driving, in sc we refer to it as wreckless driving. The statue says something like 'driving w/o do reguard for the saftey and property of others'. The perfect example of careless driving is weaving in and out of traffic causeing a disturbance to other drivers. Say swerving infront of them causeing them to have to suddenly brake. Driving in a staight line with no other cars around like it sounds like you were doing is not careless driving by statue, the key word to that charge is weaving in and out of lanes with OTHER cars around.... SC statue anyway. I would go to the libary and get a Traffic and Criminal law handbook and look up that particular violation and see what the statue for careless driving says. I have a feeling it will be like SC's and you could mabey articulate your way out of that ticket. It sounds to me the best charge of the 3 would have been improper start....

[CJ]

316.1925 Careless driving.--

(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.

(2) Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.



Thats a copy of the statute, now let me point out...I never broke the tires loose, never changed lanes and there were absolutely no cars around. At the time I filed the complaint against the officer I asked both the major and the leutenant if I could have possibly gotten the ticket for accelerating too fast (which i dont understand how that could be at 50% throttle) And the both said on two different circumstances that theyve never heard of such a thing. That if I never ran off the road, changed lanes, tailgated, or broke the tires loose that they dont see the purpose of the ticket.

[KamaroZ'91]

50% throttle with your exhaust on any Fbody can attract some attention in the 1st place. You have a sports car with a loud exhaust, its GOING to sometimes get you unfair treatment from cops. Not becaus they single out loud sports cars on purpose, becaus they dont know any better. Your going to have to live with that.
You said you were going 50% throttle the whole time. i know 50% throttle in my automatic is what i do to be able to launch the car without spinning off the line. So thats still pretty fast at the lower speeds and gears and could look like your going all out.

[CJ]

No I didnt do 50% throttle the whole time. That was the MAX that I hit as i accelerated in 1st gear for maybe a sec. at the most. The rest of the time was <10%.

I know all about getting a little 'extra' attention. My cars been like this for over 2 years now even with the loud ass 12# Procharger whining under the hood. Most of the cops around here are cool with it and like it, but I guess he was an exception. Hell, I would have understood getting a ticket for my exhaust or something but careless driving is bullcrap.

[TheFormulaGod]

50% throttle will have fbods spin forever off the line. Careful how you word that in court, a prosecutor will rip ya on that. Its basically their way of saying, "test and tune at a track, not on public roads." They are right, but i wouldnt give such a bogus ticket. And my 450+hp Formula has nothing to do with it. :D