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Questions on a reckless
- Thread starter f8lmach
- Start date
This is from my factual experiences. Use it how you wish. This is not legal advice.
1. First off, in R.I. Reckless Driving is a criminal misdemeanor. I was arrested on the spot. As far as I am aware, in R.I. you are always arrested for Reckless Driving. Never will you drive away with a ticket in hand. This may be state by state.
I"ve heard of several instances recently in different states in which Reckless is a traffic violation.
2. I'd say generally, a cop will assume you know nothing and even bend the rules in his favor until you respectfully and intelligently assert your rights. He has nothing to lose. The worst that can happen to the officer is the ticket be dismissed! I've been told police on construction detail can not pull you over. This may not be true, but look into it.
3. I don't know what the cop was implying by saying he had you on a "telegraph", but this may have meant he heard an apb on the description of your car. Sounds like the cop was having a bad day because he's working a deadbeat job, and decided that you were having too much fun so he'd make up a reason to pull you over, and fabricate a makeshift ticket. I would fight it. In some states the officer has to witness you Reckless Driving. Other states they can charge and convict you based on a report. Find out which applies to your state. You say that you're confident that he didn't see you, nor radar you. You should win. He's probably hoping you'll lay down and take the ticket rather than fight it. Best of luck. Be smart.
1. First off, in R.I. Reckless Driving is a criminal misdemeanor. I was arrested on the spot. As far as I am aware, in R.I. you are always arrested for Reckless Driving. Never will you drive away with a ticket in hand. This may be state by state.
I"ve heard of several instances recently in different states in which Reckless is a traffic violation.
2. I'd say generally, a cop will assume you know nothing and even bend the rules in his favor until you respectfully and intelligently assert your rights. He has nothing to lose. The worst that can happen to the officer is the ticket be dismissed! I've been told police on construction detail can not pull you over. This may not be true, but look into it.
3. I don't know what the cop was implying by saying he had you on a "telegraph", but this may have meant he heard an apb on the description of your car. Sounds like the cop was having a bad day because he's working a deadbeat job, and decided that you were having too much fun so he'd make up a reason to pull you over, and fabricate a makeshift ticket. I would fight it. In some states the officer has to witness you Reckless Driving. Other states they can charge and convict you based on a report. Find out which applies to your state. You say that you're confident that he didn't see you, nor radar you. You should win. He's probably hoping you'll lay down and take the ticket rather than fight it. Best of luck. Be smart.
Just to clarify, im pretty sure old telegraph is a street name.
I suggest getting a "free consultation" by a local lawyer....sounds like your about to get shafted.
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Sadly yes
Get a Lawyer. This Cop sounds kinda fishie. You did act like retard by leaving out of a school parking lot and flooring, no offense. The cop gets you pulled over. First he hears and then sees a red mustang. Then notices you are young novice driver. By the way he doesn't have to get you with a radar gun. All he has to say is he witnessed you driving at an excessive speed in a school zone. Trust me right there the judge is not going to be happy. Before I get ahead of myself and rant anymore. Do yourself a big favor take your Dad or Mom and talk to a lawyer. Second get a little more experience. There is a time and place for driving your car like that and in a school zone is not it. You have to remember your age plays a big factor in this and whether you realize it or not the cop and the judge will take that in acount. Your only hope is a lawyer. Best of luck man. We have all been there. Well most of us have.
lol I like where this is going...
Oh and to the OP an officer does not have to use Radar to estimate your speed.
Oh and to the OP an officer does not have to use Radar to estimate your speed.
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Thats the point. If a LEO witnesses you driving wrecklesslly, then that is what he will ticket or summons you for. Wreckless can also be showing off. I.E. "was leaving school the other day and I very very briefly floored the car (up to 35-40) in a 25 and very quickly went back to 25". By the way 15 and over is wreckless. Anytime you drive a vehicle in a manner as to you could lose control is wreckless driving. What it boils down to is the LEO could have taken it as you were showing off and wanted to teach you a lesson.
You thought incorrectly. The officer has training to visually estimate your speed. Also, you weren't cited for speeding. You were cited for reckless driving which may or may not be related to your speed thus no speed may need to be recorded on the ticket.
You need to hire an attorney.
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I have basically had the same thing happen to me. I got charged with reckless driving on dry roads in the middle of the day and wasn't speeding, the cop told me it was because "I went around the corner too fast". It is basically a catch all, bullshit charge they can throw at you for lack of any real evidence other than their own opinion. The worst part is it is a misdemeanor which makes it worse than if you had actually been speeding. Like others have said getting a lawyer is pretty much your only option, unfortunately.
The officer can amend the charges before the court date and include the appropriate statute you violated. As for not seeing you, it's possible he hear your exhaust, heard you bark your tires, etc. You would have to ask the officer/prosecutor to find out the specifics of the case.
They don't say it "looked like you were speeding". They are trained to visually estimate car's speed. Radar/laser aren't required for a speeding ticket. All of the questions you are asking are things you need to ask the officer/prosecutor. We can't answer them for you since we we're there.
There's 3 sides to every story, and we aren't getting two of them.
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heh.
welcome to traffic court.
anyhow, if you dont think he saw you (he may have, how can you be sure?) then have you or your lawyer question him exactly to what he saw (or got on camera with his dash cam). Most officers write notes on thier copy of the ticket to help them remember details of the case, make sure you get a copy of the officers copy of the ticket (and copy of the dash cam, if he had one)....
little shit like that your lawyer should be handling....you can do it yourself, but it is a bumpy road to go down without any experiance...(been there, done that)...remember, alot of states handle wreckless driving as a "criminal offense", not just a "traffic ticket", so the consequences are more severe.
Thanks man appreciate the help
Well said. An experienced officer can be very accurate on their ability to estimate speed but it takes practice and training.
Forget about getting a copy of the officer's notes on the officers copy- it generally stays with the officer, and his personal notes-are just that. Better check your state's "discovery laws" on officer's video for this type of offense because you have to jump through a few hoops to get it.
Get a lawyer.
I have gotten video, notes and officers copies of the ticket simply by filing a motion for discovery. The dash cam (in Texas) is public record, you can simply fill out a records request at the police station, pay 3-5 bucks to get it on a certified copy DVD.
but anyway, your LAWYER should handle this...GET ONE.
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