Smokey's gonna get you...in Minnesota

 

http://www.fox9.com/news/131374571-story

 

2 lamborghinis...anyone from LP? For our attorney members, if you're not clocked, can they pull all the driver's over and cite them, if only 1 of the cars was clocked???

This has been blowing up. It's ridiculous. They weren't clocked, it was from a call in.

Even if one was clocked, in MN the officer has to prove the speed using laser/radar. So just the one would get the ticket(s)

Wait... The cop found them at a waffle house and gave them tickets? Based on what? A call in?

 

 

 

OK... This is a complete cluster fcuk.

 

A couple of things...

 

To make a misdemeanor arrest for a non-violent crime, the officer must observe the crime being committed by the suspect. It does not sound like that was the case for ALL (any?) of the defendants. For a proper arrest in this case the officer either had to witness the offense or swear out probable cause to a judge, who can issue the warrant.

 

 

 

2. Where we are at now. Its a simple thing called "burden of proof". Assuming the state finds a way to jump the hurdle above (I doubt they will- 12 super car owners should be able to muster together enough scratch to get an attorney who will blow that little tidbit out of the water) The state will have to produce the person who called in, and qualify them as an expert witness in "visual automobile speed estimation", who can then give their expert "opinion" on how fast the cars were travelling. Hint. Your mom in her volvo on her way to the Foodking, isn't such an expert. Which means maintaining the misdemeanor prosecution for reckless driving (which is based on an actual speed OVER the legal limit) becomes almost impossible. They MIGHT be able to prove the cars were "speeding" but at that point it becomes an "infraction" and must be committed in the presence of the officer. It wasn't.

 

Otherwise, you give the power to ANYBODY, to give you a speeding ticket, just because they don't like the car you're driving, or the "Sander's sucks" bumper sticker you have on your car.

So they weren't cited for speeding, it says they were cited for reckless driving. That's probably how they charge people for racing (regardless of speed, doesn't have to be clocked).

 

Here it is. Could just be the careless section too. We don't mix these two together in Texas

 

Minn.

 

169.13 RECKLESS OR CARELESS DRIVING.

Subdivision 1.Reckless driving. (a) A person who drives a motor vehicle while aware of and consciously disregarding a substantial and unjustifiable risk that the driving may result in harm to another or another's property is guilty of reckless driving. The risk must be of such a nature and degree that disregard of it constitutes a significant deviation from the standard of conduct that a reasonable person would observe in the situation.

( A person shall not race any vehicle upon any street or highway of this state. Any person who willfully compares or contests relative speeds by operating one or more vehicles is guilty of racing, which constitutes reckless driving, whether or not the speed contested or compared is in excess of the maximum speed prescribed by law.

© A person who violates paragraph (a) or ( is guilty of a misdemeanor. A person who violates paragraph (a) or ( and causes great bodily harm or death to another is guilty of a gross misdemeanor.

(d) For purposes of this section, "great bodily harm" has the meaning given in section 609.02, subdivision 8.

Roman has it right. The article says a Trooper observed the group, caught up to some and cited them. Then local police found the others and "the trooper" came over and issued those guys citations too.

 

Probably just going to say they were driving like idiots passing each other and being rich.

Roman and jhbchess, thanks for the clarification...it's good to know the rules, as we do weekend drives with other exotics.

Not to sound like 110 isn't breaking the law but I don't it justifies making the news.

Not to sound like 110 isn't breaking the law but I don't it justifies making the news.

 

 

Well, if I recall correctly..didn't Bernie Sanders win the Delegates for MN...if so, there is your answer! A EXOTIC free for everyone, or take them all away....

Im a bit confused.... Did the cop who cited them, actually see them driving at 100+? Based on a comment above, I thought some "concerned citizen" called in.

 

If the cop saw them, and could ID each of the vehicles, they're probably hosed.. He IS an "expert witness" in visual automobile speed estimation... Still have to prove that the person cited was the one driving, which gets a bit difficult... And that the cop could identify each of the vehicles which also seems to be an issue...

Im a bit confused.... Did the cop who cited them, actually see them driving at 100+? Based on a comment above, I thought some "concerned citizen" called in.

 

If the cop saw them, and could ID each of the vehicles, they're probably hosed.. He IS an "expert witness" in visual automobile speed estimation... Still have to prove that the person cited was the one driving, which gets a bit difficult... And that the cop could identify each of the vehicles which also seems to be an issue...

 

I think the news site keeps updating the article. It has a list of cars and MSRP today.

I think the news site keeps updating the article. It has a list of cars and MSRP today.

 

 

As Roman stated, this is a cluster f**k. Random people are turning over pics from the cars (let's face it, when you do one of these drives, there's bound to be pictures taken by passing cars). The car club itself posted a statement on their website.

 

 

 

The news out here are making such a huge deal out of this. Prince passed away (also huge news here of course) two days before this happened and they've been on a witch hunt after these guys. I've met most of these guys and of course they are all nice dudes that got caught having a little too much fun. The highway where they got pulled over is not where I would be doing triple digit pulls in broad daylight but they are calling these dudes wives at work, stopping at their homes etc. MN is a pretty liberal state so making these "rich guys" look bad seems to be good reporting. By the way, none of them received speeding citations as they were not officially "clocked" at any speed.

That's crazy the media can do those things

Is it just one media outlet going nuts or is it some local news group-think/mob mentality?

 

bizarre

Is it just one media outlet going nuts or is it some local news group-think/mob mentality?

 

bizarre

 

group-think/mob mentality

I was cited for this same reckless violation, based solely on a 75YO couple's statement, during a group drive, in my gallardo. It was a huge hassle to untangle but eventually the DA realized that he had no case, and it was dismissed. This case should end the same way.