Foo - Reckless driving

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scrapmetal
05-24-08, 02:38 PM
On my way to Costco, with car full of children I changed the lane few times and got pulled over for reckless driving. Now, I know I am not a reckless driver - no ticket for 11 years in USA - but how can I convince the judge? Going over my options here:
- show up in a Czech peasant clothes chewing on a raw potato; tell him I only drive oxes most of the time and know nothing about cars. I am just a bohunk, your honor:)
- take a class with DMV to show I am willing to learn
- get a lawyer
- emigrate
- commit seppuku as the only way to regain my honor
Seriously guys, how do you present yourself at the court for reckless driving?
Any suggestion would be greatly appreciated
StrangeWill
05-24-08, 02:53 PM
Commit seppuku, it is the only way.
Drive to court that day, and either accidentally run into the building itself, or hit the judge's parked car.
"Now that's reckless!"
wfin2004
05-24-08, 03:27 PM
Just don't be like Hulk Hogan's Son. :)
scrapmetal
05-24-08, 03:30 PM
Commit seppuku, it is the only way.
In the court room? Kinda hard, they won't let me bring in any blades you know.
Michigander
05-24-08, 03:37 PM
I believe reckless driving refers to actually physically hurting someone or property through a blatantly negligent act.
What you need to do is do a ton of research about the charge and it's definitions. If you can't find the state law it's under, call the court and ask, then look up the code on line. Also, go to the police station with a formal memorandum requesting EVERY bit of notation. The officers field notes, a video if there is one, and specifically say something like "any relevant notation or information, including but not limited to..." etc. If they don't comply with this, you can request that the charges be dropped since you were denied your right to review the evidence against you. This will give you all the information you need to fight it in court if you didn't break any laws.
I also suggest that you make detailed notes about what happened while it's still fresh in your mind. That way, if your memory is called into question at the hearing, you can pull out the notes. It will also prevent you from accidentally altering your recollection of what happened.
If you get really lucky like I did, the cop will blatantly lie, and you can have it up your sleeve to point that out and request a mistrial.
I just beat a similar charge when I got nailed by an out of line cop working for an out of line department. I went nuts, spending a hell of a lot of time researching it, and I swiftly kicked the cop's ass in court.
If you think it might help, I'd be willing to talk to you on the phone about your options since I recently spent probably a hundred hours researching this stuff.
Michigander
05-24-08, 03:55 PM
And by the way, better to request satisfaction than to stab yourself in the gut.:D
deraltekluge
05-24-08, 04:33 PM
In my state...
RCW 46.61.500
Reckless driving — Penalty.
(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one year and by a fine of not more than five thousand dollars.
(2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days.
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That's a pretty serious matter. You could do jail time. I think you need to find a lawyer, and not try to represent yourself in court.
StrangeWill
05-24-08, 04:44 PM
In the court room? Kinda hard, they won't let me bring in any blades you know.
Fashion it out of pens, it will be even more honorable with your own crafted weapon.
Siu Blue Wind
05-24-08, 04:45 PM
And by the way, better to request satisfaction than to stab yourself in the gut.:D
You sure did do a lot of homework, Mich. I wonder what encouraged you to do THAT, rather than just pay the ticket. :rolleyes:
TuckertonRR
05-24-08, 08:49 PM
In my state...
RCW 46.61.500
Reckless driving — Penalty.
(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one year and by a fine of not more than five thousand dollars.
(2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days.
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That's a pretty serious matter. You could do jail time. I think you need to find a lawyer, and not try to represent yourself in court.
I second this. Might cost you a few hundred for one, but it might just keep you out of jail......
stonecrd
05-25-08, 03:11 PM
Get a lawyer, this is a major ticket and probably will result in a license suspension. In addition your insurance rates will go through the roof. Not sure where you are at but down here we have Ticket Clinic, $75 and they guarantee no points. I have used them a couple of times and walked away without any additional fees and no points. A lawyer that does this stuff all of time will just plead your case and with no previous tickets they may let you off with just a fine.
SonataInFSharp
05-26-08, 11:57 AM
Did you signal? Did you change lanes more than x amount of times within xxx feet? Could your lane changing possibly been considered aggresive? Did you change lanes within 50 feet of an intersection or traffic control device? Did you use a non-lane (shoulder) to pass someone? Did you break traction taking off from a stop?
These are some assumption you may need to consider if you go to court.
Michigander
05-26-08, 12:39 PM
You sure did do a lot of homework, Mich. I wonder what encouraged you to do THAT, rather than just pay the ticket. :rolleyes:
Some crazy lady from across the country egged me on.
scottmorrison99
05-26-08, 04:49 PM
Some crazy lady from across the country egged me on.
:innocent::D
If the courts there are like they are here and it's your first ticket the DA will probably allow you to plead it down to a non moving violation (it's not the fine that hurts, it's the insurance premium jump) and a $50 fine.
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