Wreckless driving ticket, cop wasnt even there!
10-28-2013, 07:01 PM
#21
Team Owner
Could have avoided the whole thing, never answer the door.
You are under no obligation to talk to the police about the matter.
I had a similar situation happen years ago. Woman called the police, cop pulled me over since I was on a long one lane road and was easy to find.
He asked me all kinds of questions, I asked him "What did you see", that wrapped it up in a few minutes and I was on my way.
You are under no obligation to talk to the police about the matter.
I had a similar situation happen years ago. Woman called the police, cop pulled me over since I was on a long one lane road and was easy to find.
He asked me all kinds of questions, I asked him "What did you see", that wrapped it up in a few minutes and I was on my way.
10-28-2013, 07:04 PM
#22
Moderator
Did the neighbor sign the ticket as the complainant?
10-28-2013, 07:05 PM
#23
Le Mans Master
Another victim....
1. NEVER admit to anything to a police officer. If they ask the classic "do you know why I stopped you?" Say NO...or say what I say when the situation warrants it..."I assume because you haven't violated anyones 4th amendment rights in a while!?"
2. In this scenario your best course would've been to deny deny deny...say the guy doesn't like you and this is harassment...say whatever...without the officer having witnessed anything, he had no probable cause...you must've given it to him by your statement (or what he loosely interpreted as given it to him). By admitting you revved, and acted in a manner that is not entirely normal, you inevitably admitted to the officer some level of guilt or reasonable suspicion you committed the act.
Regardless...you're CERTAINLY not guilty of wreckless driving. The letter of the law states, in Idaho that:
Any person who drives or is in actual physical control of any vehicle upon a highway, or upon public or private property open to public use, carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to endanger or be likely to endanger any person or property, or who passes when there is a line in his lane indicating a sight distance restriction, shall be guilty of reckless driving and upon conviction shall be punished as provided in subsection (2) of this section.
DO NOT accept a plea, do not budge. Regardless of your testimony to the officer, I wouldn't say ANYTHING about "track mode", I'd merely say, I drove by, and he didn't like how the car sounds...period. I've had problems with this neighbor (you do now) and this is merely an action of resentment to the fact I have a new Corvette. I did nothing wrong, my car is legal in all 50 states as it sits.
I'd have not hired an attorney personally...now this will cost you either way. I'd have fought this solo, then sued the f*ckin neighbor...guaranteed!
I WILL warn you OP...I've had mixed experiences with attorneys. A lot of them are soft and don't want to go to war, they wan't to plea deal everything. My last hearing, just two weeks ago, a former attorney I hired was there with another client. I asked him for two minutes of free legal advice, as I was acting pro se on this one. He advised me to plea...I went in, argued my case, tore up the prosecution and made them look like fools and won....and I'm not an attorney. Know your sh*t, do your research, etc. Look for case law via google that describes a similar circumstance. For you to be wreckless, you needed to display clear and defining disregard for property or persons via your actions. There is no evidence, no skidmarks, the neighbor isn't trained to visually verify a cars speed, there are no other witnesses...I'd tear those f*ckers up...
1. NEVER admit to anything to a police officer. If they ask the classic "do you know why I stopped you?" Say NO...or say what I say when the situation warrants it..."I assume because you haven't violated anyones 4th amendment rights in a while!?"
2. In this scenario your best course would've been to deny deny deny...say the guy doesn't like you and this is harassment...say whatever...without the officer having witnessed anything, he had no probable cause...you must've given it to him by your statement (or what he loosely interpreted as given it to him). By admitting you revved, and acted in a manner that is not entirely normal, you inevitably admitted to the officer some level of guilt or reasonable suspicion you committed the act.
Regardless...you're CERTAINLY not guilty of wreckless driving. The letter of the law states, in Idaho that:
Any person who drives or is in actual physical control of any vehicle upon a highway, or upon public or private property open to public use, carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to endanger or be likely to endanger any person or property, or who passes when there is a line in his lane indicating a sight distance restriction, shall be guilty of reckless driving and upon conviction shall be punished as provided in subsection (2) of this section.
DO NOT accept a plea, do not budge. Regardless of your testimony to the officer, I wouldn't say ANYTHING about "track mode", I'd merely say, I drove by, and he didn't like how the car sounds...period. I've had problems with this neighbor (you do now) and this is merely an action of resentment to the fact I have a new Corvette. I did nothing wrong, my car is legal in all 50 states as it sits.
I'd have not hired an attorney personally...now this will cost you either way. I'd have fought this solo, then sued the f*ckin neighbor...guaranteed!
I WILL warn you OP...I've had mixed experiences with attorneys. A lot of them are soft and don't want to go to war, they wan't to plea deal everything. My last hearing, just two weeks ago, a former attorney I hired was there with another client. I asked him for two minutes of free legal advice, as I was acting pro se on this one. He advised me to plea...I went in, argued my case, tore up the prosecution and made them look like fools and won....and I'm not an attorney. Know your sh*t, do your research, etc. Look for case law via google that describes a similar circumstance. For you to be wreckless, you needed to display clear and defining disregard for property or persons via your actions. There is no evidence, no skidmarks, the neighbor isn't trained to visually verify a cars speed, there are no other witnesses...I'd tear those f*ckers up...
Last edited by RC000E; 10-28-2013 at 07:17 PM.
10-28-2013, 07:08 PM
#25
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Location: Northern, VA
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St. Jude Donor '15
"In honor of jpee"
10-28-2013, 07:08 PM
#26
10-28-2013, 07:14 PM
#27
Le Mans Master
He can post what he wants...he isn't admitting guilt here. In addition, this isn't law and order...if that cop sits down and searches the internet for this...he's got a hard on for you from something else...lol.
For this internet crap to be admissible the state would have to prove this was him using this computer, verify his IP, etc. They aren't doing that. These cops are used to bang and boom in and out...your guilty or here is your plea deal. They feel their job is done when they sign the citation...after that it's welcome to Great Britain....prove your innocence...
And OP...the key words are "carelessly and heedlessly"...the burden is on the state to prove you acted in a manner that is careless and heedless...no skidmarks, no tire smoke, just your word vs his....burden is on the state to prove their case....DON'T let that lawyer plea deal you cause 90% will try.
For this internet crap to be admissible the state would have to prove this was him using this computer, verify his IP, etc. They aren't doing that. These cops are used to bang and boom in and out...your guilty or here is your plea deal. They feel their job is done when they sign the citation...after that it's welcome to Great Britain....prove your innocence...
And OP...the key words are "carelessly and heedlessly"...the burden is on the state to prove you acted in a manner that is careless and heedless...no skidmarks, no tire smoke, just your word vs his....burden is on the state to prove their case....DON'T let that lawyer plea deal you cause 90% will try.
Last edited by RC000E; 10-28-2013 at 07:19 PM.
10-28-2013, 07:23 PM
#30
Melting Slicks
10-28-2013, 07:26 PM
#31
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I wouldn't think that the sound your car makes constitutes driving behavior. I see motorcycles all the time that are easily as loud or louder. You would think they wouldn't be able to back out of the driveway without a ticket. Maybe a ticket for excessive noise, but a stock car should be legal to drive safely, especially one built by Gov't Motors!
Fight it, worst they can do is have you pay for the guys, now trashed, underwear.
Fight it, worst they can do is have you pay for the guys, now trashed, underwear.
10-28-2013, 07:34 PM
#32
I would look up the code. You admitted to and are guilty of an "exhibition of speed" 49-1424
Most judges are more interested in revenue than any story you tell them. Wouldnt surprise me in the least if he ruled your revving your motor was an exhibition of speed and he could construe it as reckless driving.
Dont ask me how I know.
Most judges are more interested in revenue than any story you tell them. Wouldnt surprise me in the least if he ruled your revving your motor was an exhibition of speed and he could construe it as reckless driving.
Dont ask me how I know.
10-28-2013, 07:35 PM
#33
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First of all, I never said I was speeding or driving wreckless. The reason I posted this is because its BS. My lawyer is a friend of mine and Im sure he will do the right thing. We will fight this and we will win. There are no skid marks or burnouts or anything like that on the road. I wouldnt drive like a complete idiot with my son in the car.
10-28-2013, 07:45 PM
#35
First of all, I never said I was speeding or driving wreckless. The reason I posted this is because its BS. My lawyer is a friend of mine and Im sure he will do the right thing. We will fight this and we will win. There are no skid marks or burnouts or anything like that on the road. I wouldnt drive like a complete idiot with my son in the car.
10-28-2013, 07:57 PM
#36
Melting Slicks
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St. Jude Donor '09-'11
First of all, I never said I was speeding or driving wreckless. The reason I posted this is because its BS. My lawyer is a friend of mine and Im sure he will do the right thing. We will fight this and we will win. There are no skid marks or burnouts or anything like that on the road. I wouldnt drive like a complete idiot with my son in the car.
10-28-2013, 08:03 PM
#37
Administrator
I recieved a wreckless driving ticket in my new c7. The funny thing is the cop was not there. Someone a few doors down said I was driving wreckless so a police officer showes up later and gives me a ticket. I informed the cop that I was not speeding and that I had scared the idiot down the street while getting his mail when I put my car in track mode and reved up the engine when I passed him trying to impress my 9 year old son in the car. What the hell?!
FYI, in some states, Reckless driving is one of the statutes where an officer does not need to be present to make an arrest/issue a criminal citation.
Did the officer tell you what his charge was based on?
Here's a generic definition of Reckless Driving since it can vary state to state:
http://traffic.findlaw.com/traffic-t...ckless+driving
Reckless driving is driving with a willful or wanton disregard for safety or the operation of a vehicle in which you show a willful disregard of consequences.
When someone is cited for reckless driving, they often show a disregard for the rules of the road and may or may not cause an accident and/or property damage. As a threshold issue, the driver normally has to do something more than mere negligence in the operation of a vehicle to be cited for reckless driving.
Most states carry laws that prohibit drivers from operating a vehicle in a way that shows a "reckless" or "willful" disregard for the safety of other people, including other drivers and pedestrians. In some states, the violation is called "reckless driving", while other states may use the terms "careless driving" or "dangerous driving" to describe the same violation. Some state traffic laws dictate that certain acts automatically qualify as "reckless driving", including:
•Driving 25 miles per hour (or more) over the posted speed limit
•Racing another vehicle
•Trying to elude a police officer
•On a two-lane highway, passing another vehicle when visibility of oncoming traffic is limited
Of course, a citation in and of itself is not evidence of guilt. Just because you are cited doesn't mean you are automatically deemed guilty. You, like all drivers charged with committing a moving violation, have the right to contest any ticket or driving citation. But rest assured, if you are charged with reckless driving, it is a relatively serious allegation.
A good first step would be to peruse FindLaw's Reckless Driving: Laws in All 50 States to familiarize yourself with your state's relevant statutes. If you have been cited and are going to plead not guilty, you would be wise to contact an experienced traffic ticket attorney in your area.
- See more at: http://traffic.findlaw.com/traffic-t....FSjWdjeg.dpuf
When someone is cited for reckless driving, they often show a disregard for the rules of the road and may or may not cause an accident and/or property damage. As a threshold issue, the driver normally has to do something more than mere negligence in the operation of a vehicle to be cited for reckless driving.
Most states carry laws that prohibit drivers from operating a vehicle in a way that shows a "reckless" or "willful" disregard for the safety of other people, including other drivers and pedestrians. In some states, the violation is called "reckless driving", while other states may use the terms "careless driving" or "dangerous driving" to describe the same violation. Some state traffic laws dictate that certain acts automatically qualify as "reckless driving", including:
•Driving 25 miles per hour (or more) over the posted speed limit
•Racing another vehicle
•Trying to elude a police officer
•On a two-lane highway, passing another vehicle when visibility of oncoming traffic is limited
Of course, a citation in and of itself is not evidence of guilt. Just because you are cited doesn't mean you are automatically deemed guilty. You, like all drivers charged with committing a moving violation, have the right to contest any ticket or driving citation. But rest assured, if you are charged with reckless driving, it is a relatively serious allegation.
A good first step would be to peruse FindLaw's Reckless Driving: Laws in All 50 States to familiarize yourself with your state's relevant statutes. If you have been cited and are going to plead not guilty, you would be wise to contact an experienced traffic ticket attorney in your area.
- See more at: http://traffic.findlaw.com/traffic-t....FSjWdjeg.dpuf
10-28-2013, 08:16 PM
#38
Race Director
I would have said prove it. Did the guy have photos. Any other witnesses.
See if your lawyer can counter file on the guy, false complaint. Go on craigslist
the cop is probably advertising for a glory hole.
the prissy britches would not make in the area where I live. Someones got a duke of Hazzard
charger, another a V8 roadster, and another a corvette. Yep you can hear them go by. Plenty
of testing skid marks on the road.
See if your lawyer can counter file on the guy, false complaint. Go on craigslist
the cop is probably advertising for a glory hole.
the prissy britches would not make in the area where I live. Someones got a duke of Hazzard
charger, another a V8 roadster, and another a corvette. Yep you can hear them go by. Plenty
of testing skid marks on the road.
Last edited by texvette2; 10-28-2013 at 08:22 PM.
