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Old 08-22-2017, 05:36 PM   #1
TF8463
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Member#: 455334
Join Date: Sep 2016
Chapter/Region: NESIC
Location: Central mass
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2017 Subaru wrx
Black

Default Drag racing summons

Hello all, so I have a a quick question about Massachusetts laws that I have not been able to figure out myself.

The story goes me and a buddy we're coming home from work on the mass pike. We both have rather loud Subaru's and they're both cosmetically modded so they are no stranger to attention. Both of us were proceeding at a decent speed following the flow of traffic using the passing lane when necessary. Traffic opens up so I get into the travel lane while he stays in the passing lane, again not drag racing. We see a state trooper well ahead of us parked in the median so we both slow to 65 and proceed. About half a mile down the road we see him come flying up lights flashing, at which point I'm already in the right lane assuming I'm getting pulled over and my buddy is in the left hand lane. He comes up behind my buddy and gets on his loud speaker yelling at both of us to pull over so we do. Before he is parked I'm stopped with the engine off keys on the dash and both hands on the wheel. He comes up to my car basically screaming at me about how he's gotten a bunch of calls in about two cars going well over 100 weaving in and out of traffic which we were absolutely not doing and demands my license and reg. I tried to tell him it wasn't us but he's livid and walks away as soon as I hand him my papers. Twenty minutes go by and he comes back with my papers, throws them at me and says you're getting a summons in the mail and walks away. He did the same to my buddy who was a lot more vocal about his anger than me.
Again I have a few of questions.

1.) can a single state trooper pull over two vehicles at once? (I was told by a friend this is not legal)

2.) can a summons be issued without the trooper giving any paperwork or or verbal confirmation that the alleged violator understands what is happening?

3.) can a summons be issued with no evidence?
(While I did not have a lengthy conversation with the trooper my buddy did. The trooper did not get us on radar, on camera, or even see us speeding. All he got was apparently calls in from other drivers)

4.) If it is legal to give a summons, can they charge me with a criminal offense without evidence?

Any help is appreciated. I would like to figure out what this means for me, and if it is legal.
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Old 08-22-2017, 05:39 PM   #2
2014STi
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Hello
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Old 08-22-2017, 06:11 PM   #3
SoFlaRRRex
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Traffic attorneys are plentiful. Use one. When I used to get speeding tickets I always did. Best $60 you can spend. I’m sure the rate is much higher now.
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Old 08-22-2017, 06:26 PM   #4
GlarryHoodDIT
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So from what I can tell, you did everything right and they did everything wrong?

1. Yep, just like they can detain 2 separate people at once. Your buddy is dumb.

2. Yep. The summons is the paperwork. Whether they hand it to your or mail it to you is their discretion. You don't have to understand you broke the law to be in trouble for it. You were explained to what was happening and why you may be getting a summons. From your opening paragraph you clearly did understand what was happening.

3. Summons and criminal charges are issued when there is a reasonable suspicion a crime has been committed. Physical evidence is not necessary to arrest or issue a summons to someone. Getting multiple reports about street racing in an area and seeing two modified sports cars can be considered reasonable suspicion they were responsible. Being convicted and being charged are wholly different things.

4. How is this different from #3?

If you're innocent fight it, if not then pay the fine. Either way, with your legal acumen consulting a professional is a must.
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Old 08-22-2017, 07:02 PM   #5
TF8463
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Quote:
Originally Posted by GlarryHoodDIT View Post
So from what I can tell, you did everything right and they did everything wrong?

1. Yep, just like they can detain 2 separate people at once. Your buddy is dumb.

2. Yep. The summons is the paperwork. Whether they hand it to your or mail it to you is their discretion. You don't have to understand you broke the law to be in trouble for it. You were explained to what was happening and why you may be getting a summons. From your opening paragraph you clearly did understand what was happening.

3. Summons and criminal charges are issued when there is a reasonable suspicion a crime has been committed. Physical evidence is not necessary to arrest or issue a summons to someone. Getting multiple reports about street racing in an area and seeing two modified sports cars can be considered reasonable suspicion they were responsible. Being convicted and being charged are wholly different things.

4. How is this different from #3?

If you're innocent fight it, if not then pay the fine. Either way, with your legal acumen consulting a professional is a must.


Gotcha. Thank you for being very informative. I was still a little heated when asking so I made a redundant question, if I knew how to remove #4 I would.
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Old 08-22-2017, 07:38 PM   #6
Jack
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Quote:
Originally Posted by TF8463 View Post
Hello all, so I have a a quick question about Massachusetts laws that I have not been able to figure out myself.

The story goes me and a buddy we're coming home from work on the mass pike. We both have rather loud Subaru's and they're both cosmetically modded so they are no stranger to attention. Both of us were proceeding at a decent speed following the flow of traffic using the passing lane when necessary. Traffic opens up so I get into the travel lane while he stays in the passing lane, again not drag racing. We see a state trooper well ahead of us parked in the median so we both slow to 65 and proceed. About half a mile down the road we see him come flying up lights flashing, at which point I'm already in the right lane assuming I'm getting pulled over and my buddy is in the left hand lane. He comes up behind my buddy and gets on his loud speaker yelling at both of us to pull over so we do. Before he is parked I'm stopped with the engine off keys on the dash and both hands on the wheel. He comes up to my car basically screaming at me about how he's gotten a bunch of calls in about two cars going well over 100 weaving in and out of traffic which we were absolutely not doing and demands my license and reg. I tried to tell him it wasn't us but he's livid and walks away as soon as I hand him my papers. Twenty minutes go by and he comes back with my papers, throws them at me and says you're getting a summons in the mail and walks away. He did the same to my buddy who was a lot more vocal about his anger than me.
Again I have a few of questions.

1.) can a single state trooper pull over two vehicles at once? (I was told by a friend this is not legal)

2.) can a summons be issued without the trooper giving any paperwork or or verbal confirmation that the alleged violator understands what is happening?

3.) can a summons be issued with no evidence?
(While I did not have a lengthy conversation with the trooper my buddy did. The trooper did not get us on radar, on camera, or even see us speeding. All he got was apparently calls in from other drivers)

4.) If it is legal to give a summons, can they charge me with a criminal offense without evidence?

Any help is appreciated. I would like to figure out what this means for me, and if it is legal.
Yes, they can pull over an entire convoy of 20 cars (ask the VW clowns about 5 years ago who were using the cones on 290 as an autocross).

If you want a "real" lawyer, shoot me a PM.

Quote:
Originally Posted by SoFlaRRRex View Post
Traffic attorneys are plentiful. Use one. When I used to get speeding tickets I always did. Best $60 you can spend. I’m sure the rate is much higher now.
$60 isn't a real lawyer. It will be way more and way worth it in Massachusetts.
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Old 08-22-2017, 07:39 PM   #7
GlarryHoodDIT
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Honestly, I highly doubt you will get anything in the mail. You guys didn't admit you were at fault, like 90% of people in traffic stops, so that alone probably annoyed him lol He most likely said it to scare you and make you realize the consequences of speeding/racing on public streets.
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Old 08-22-2017, 07:44 PM   #8
Jack
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It Better

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Ah, to back the truck up a bit.....you didn't get a ticket. If you get nothing in the mail, you need to do nothing. You won't. If you do, you will want a lawyer.
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Old 08-22-2017, 07:48 PM   #9
HinshawWRX
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Never go to your buddy for legal advice, also take any legal "advice" you get on the internet with a boulder of salt.

Regardless you can easily find a traffic lawyer that will do a free consult about the situation and give you a real answer.
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