Exhibition of Acceleration Ticket in TX


Gilded Gelding
Apr 6, 2003
Hey guys, well got my first ticket today in the GT after 5 years of driving and its not a simple one either. Here's the case.

I was at school. (University of Houston) and pulling out onto the road out off a side street. It was overcast today and had rained ealeir, leaving the road a bit wet but mostly dry and i was stopped in a puddle because it was on the edge of the road if that makes sense. I sat for about 2 minutes and waited for a gap. I finally got one and turned left and had cars coming up at about 35-40mph so i gassed it to speed up. The tires spun so i short shifted into 2nd and they spun a bit more. I let off and went into 3rd at about 35 or so. I keep going, stop at a red light, then it turns green and i proceed. Out of nowhere a beige Impala flys up on me and throws his 2 small lights in his window on and i pull over. The cop was wearing civilian clothes and the car was completely unmarked. He comes up with his gun unholstered and his hand on it. First thing he says is, "Is your head up your ass or what?" i reply politely with "No sir" and notify him that i have to reach across to the glovebox to get my insurance card. He takes it and goes back to the car and calls a marked police unit to show up. He gives me a ticket he gets from the other cop and writes 2 charges.
1.) Exhibition of acceleration
2.) Unsafe Speed

I told him that i was just trying to speed up with traffic and that my tires were wet causing it to spin like that. He just says "Come on, you new what you were doing, don't play games". I just said "Yes, sir, have a nice day" and drove off. Looking at the ticket i noticed a few things:

1.) He put conditions as overcast and DRY, even though i was clearly sitting ina pool of water at the end of the street and there was water on the road as well.
2.) He did not write in the speed limit or how fast i was going, both left blank.

I get along with cops very well especially due to my military background and it helps abit sometimes, but this cop was just a bit too pushy. I respect the hell out of LEO's because they put their lives on the line everyday but is it necessary to walk up with you gun unholstered and your hand on the weapon for a moving violation and ask me if my head is up my ass?

Anyways, i immediately went back to the area where i pulled out and took photos of the water and such for court just in case. I also read online that Exhibition of Acceleration a type of violation in Texas. So how do i go about handling this? Also, is there any way to contest unsafe speed especially if he never wrote the speed limit or the speed i was going? Do you have to pull over for a completely unmarked car and a cop in civilian clothes? I thought only makred vehicles could pull you over in TX?

Thanks in advance for your input and advice and sorry about all of the questions, just lost on the topic after searching online for an hour. Let me know if i left any info out.

  • Sponsors (?)

You can fight it and win.

Let me rephrase that. You can get a good Lawyer, and plead guilty to lesser charges which will be predetermined by the judge and lawyer in council, prior to your case coming to trial.
Thats messed up man.

2 things,

1: Do the pics you have have the hour/minute/date that they were taken?

2: Ask them if thats how they treat all of the people that proudly serve our country.

Also, I would be "offended" (more like pissed off) if some ******* came up to me with his hand on his gun asking if I had my head up my ass.

Its not the fact that he said or did that, because thats not the part that would off make me mad, it would be the fact that you werent evading him, or doing something stupid...
I don't know what the hell "unsafe speed" is but he would have had to clock you to know how fast you were going (one would think) ...

Also, fight it in court. Especially if it's taking points off! Tell the judge the truth and you will win. Straight up.

Oh yeah, and stating that this is your first ticket in 5 years of driving your Mustang wouldn't hurt either.
The beauty of the Houston legal system is that they are too busy with actual offenses to deal with this stuff. Go to court and plead not guilty, the most likely case is that the LEO will not show up (as they are usually busy with criminals). In the event that he does show up, immediatly appeal it. Harris Cty DA's ALMOST always drop charges to clear up their dockets.

That said... take all this with a grain of salt and try to find someone who knows an attorney around there. This is how I've seen the system work and a partner at a defense firm told me it works; exceptions to every rule and I'd hate to get you a misd. conviction if what I told you proves to be wrong.

(As a side note I'll be at UH Law come August)

Goodluck with it man.
he wasnt speeding which is why there no speed indicated on the ticket. he was accelerating at an "Unsafe" pace, which is why you got pulled over.

i dont think its legal for him to be off-duty and pull you over, then get another cop to come and write the ticket.

though being me, no ****ing biege impala is gonna pull me over, lights or not. i only respond to cars with black and white, sure, mail me a ticket for evasion, ill just plead innocent and i never saw your ****ty ass beige impala with its off-duty officer.
Dude, I stacked up so many EOA tickets in Texas it isn't funny. The joy of Texas is you can take defensive driving once a year and cover everything. You can try and fight it, but I found in Texas courts your azz is guilty no matter what. Just take d/d and forget about it. When I left Texas two years ago, and they still didn't use the points system. The key to driving in Texas is take d/d for everything. When I left, EOA and TFC (too fast for conditions or unsafe speed) were still covered by d/d. Check with the court if that still is the case.

Here in Washington state defensive driving is not an option, and you can only erase one ticket per seven years. The courts are liberal enough though, and you can walk on murder and tickets here with a good arguement.
You can win the case with a public defender!!! He has no proof that you were speeding and there's no proof that you were in an exhibition of speed because there was no other car next to you.

EOA/EOS != racing. You don't need anyone around to commit EOA or EOS (except a cop...)

If everything happened exactly as you said, I don't think it would be a hard case to win. From what I read, it doesn't seem like you were on the gas very hard at all, but if you were on it harder than you made it seem, it might be different. Did you slide sideways very much while you were on it? Was your exhaust roaring as you spun down the street? What do you think made him pull you over?

I think the pictures proving the conditions were not as stated on the ticket are reason enough to get it thrown out. I think all you need to do is disprove any one part of the ticket. They don't ammend tickets or anything... "Oh, he wrote dry? And it was wet? Well, scratch that out, but you still have to pay it" Naaaah.

I don't know though. I have friends in high places, neither of my 2 have ever made it to court.