Re: wreckless driving ticket - help!!!!!!!!!!!!!!!! - Saab Performance Bulletin Board - Saabnet.com
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Re: wreckless driving ticket - help!!!!!!!!!!!!!!!!
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Posted by Seamus (more from Seamus) on Fri, 1 Dec 2000 11:31:11 Share Post by Email
In Reply to: wreckless driving ticket - help!!!!!!!!!!!!!!!!, clay, Thu, 30 Nov 2000 20:08:50
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Without knowinbg the full story, I couldn't say whether you deserved it or not. Because of the "reckless" citation, rather than merely speedimg, I'd agree with those who suggest an attorney, one familiar with traffic cases.

You should find out, for you particular state, exactly how "reckless driving" is defined in the code, and what specific actions could lead to a reckless driving citation. Then, you you'll know whether any of the actions you were doing would qualify. Like someone else mentioned, in some states, simply exceeding the posted limit by 25mph (or other specified amount) may be grounds for the "reckless" charge rather than simply "speeding". Or, if you were observed at a high rate of speed, moving across two lanes of traffic at a time to pass, without signaling for instance, that could also trigger the reckless charge. But I guess it can really be subjective.

Were you clocked by radar at a certain speed (90 in a 65), or supposedly only "observed" by the "off duty" sheriff? If the off duty sheriff was the only one who visibly "observed" you speeding while he was "off duty", he may have had a tough time trying to document a specific "90 in 65" speeding charge. Were you still speeding ( or doing anything else)when the other officer came up on you? Or is everything based upon the off duty sheriff's account? As others have said, the "off duty" sheriff would have to be there to testify if he is the only one who supposedly observed the infraction. Is speed mentioned at all on your citation? He'd have to describe how he determined your speed, and describe your other actions which he perceived to be reckless. You may be able to get the infraction dismissed if you're really lucky. Or, you may get it reduced to exceeding the speed limit and/or making improper lane change (not signaling).

A few years ago, I was cited on I-95 (by a city police officer)for exceeding the speed limit and reckless driving. This was at 7:30 on a Sunday morning. I was doing about 65 in a 55 zone, and there was no one behind me or along side me. I was in the far right hand lane, and I changed lanes to pass a car and didn't signal. The officer was parked in the median grassy strip between the North and South bound sides. I saw him as I went by, but thought nothing of it. I couldn't believe it when he pulled out after me. I went to court myself. I told my story, and admitted I had not signaled the lane change. The officer did not get me clocked on radar, and admitted I had only moved one lane over, not shot across two or more lanes in a single motion. The judge threw out the reckless charge and the speeding charge, but found me guilty of making an improper lane change (failure to signal). Since there had been no one behind me at the time, I was still pissed about being cited for the illegal lane change, but I left court a happy man. I blamed it on the bright red Moto Guzzi LeMans I was riding.


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