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I don't really get the whole "miata keeps me out of jail" thing either. It's a recycled apocrypha, that's all. Even those cars will easily go fast enough to get you thrown in jail if you have track experience or are crazy. It just takes a few more seconds to get to that point. I kind of get what you're saying, but "slow car fast" is all relative and in the end it's about the car's potential relative to your skill level, not some absolute basis on how fast the car goes (they all go fast enough for the slammer doors to lock behind you).
Your judgement and willingness to disobey the law are going to be the biggest factors in whether your car gets you in trouble, not how fast it is. To me a tuned N55 135i is a slow car. It just depends on your experience level. The OP just did his first track day a few days ago so he's a long way away from being able to cleanly drive even a stock 128i in anger. Presumably he wants more power for the straight line thrills and maybe some drag racing.
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