Reckless driving

[czechsonofagun]

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

 

[Z-Michigan]

I like your option 1. But really, I would just show up for the hearing. Bring a lawyer if you really want to win, but you can go without one if you just want a chance to state your case. Explain simply and honestly your point of view on the driving and the ticket, don't get excited and definitely don't insult the cop or anyone else. No guarantees, but it may be worth a try.

In many states reckless driving is fairly serious, in others it may be like a speeding ticket. If it's serious in your state, I would hire a lawyer.

How old were the kids? Any adults in the car with you? Just thinking if you have credible witnesses to bring for your case.

 

[Z-Michigan]

I just wanted to re-state my 2nd point. If reckless driving is a serious offense in your state - and in some states it has potential jail time, along with huge fines - you definitely need a lawyer. If it's 2 points and a $50 fine, it's up to you how much you want to fight it. Need to find out what's at stake!

 

[MikeD74T]

I'd find out exactly what constitutes "reckless" before determining to represent myself. Sometimes the prosecutor will allow you to plead guilty to something less offensive, like failing to signal before a lane change, and just pay a fine. In NH this can be discussed at traffic court a few minutes before the hearing begins. For medium severity situations the courts seem to be equally happy with you paying a big fine or a lot of money to a lawyer without determining guilt, after all, lawyers & judges are birds of a feather. For lesser offenses it's easier to admit to being stupid & paying the fine. Which affects your insurance costs the most? MikeD74T

 

[LMTC]

My $.02 worth is to consult an attorney ASAP. I've beaten the only traffic ticket I've had in 20 years because I knew the traffic law better than the police, AND because I was ticketed by an honest, albeit ignorant, policeman. Had he chosen to even fudge the truth a little (as to the exact spot he clocked me) on the stand I could not have made and won my point...which led to a not guilty verdict. The police version of what happened will stand as gospel in the absence of profound conflicting evidence in most courtrooms. In my case the officer ticketed me on the basis of a posted speed limit....but the posting was not lawful. BTW, the county has not changed that posting in 12 years since that and still writes tickets there based on the 35mph posting. By statutory definition it is a 50mph zone and can be altered only by special permission of the Director of ODOT after specified studies. County just decided it ought to be 35.

Seriously, consult an attorney. Better to spend the money and wish you hadn't than not spend it and wish you had.

 

[Egon]

Grow a scruffy five day beard, add well used overalls with one strap undone, wear boots the are big and clumsy and need replacement, add an undershirt with no shirt and a pint of real brandy in the back pocket as you go to court! Make sure you calluses on your hands and dirt under the fingernails!

If in any doubt consult legal advice. The home grown defense just has too many problems with all the procedural processes involved.

Defending yourself is usually an assured conviction.

 

[MossRoad]

... I changed the lane few times and got pulled over for reckless driving. ...

Most of the times I've been pulled over I usually, technically, deserved it. Some were blatant speeding violations, driving like a dufus, etc... but a few I would have thought the officer could have used some discression.

60 in 55 zone during a "police action" (they weren't getting raises so they were getting folks for everything illegal, no matter how small). $20.00 ticket

Right turn on red at 1:00pm on way to church on a Sunday afternoon (no turn on red 7am to 4pm) with no cars in sight in any direction. No ticket, but verbally abused by well known local airport policeman that likes to let you go after yelling at you in front of your kids. I would have rather gotten the ticket than have to explain to my 9 year old what an *** chewing is (cops words, not mine).

I once got pulled over in a school zone for going 20 in a 25 zone! (He didn't like people driving on his side street, which is a bypass around two busy intersections). No ticket. Plus I reported him.

I've also been pulled over for quick lane changes and let go, but I did deserve it, because I did it. I should have gotten a ticket on that one as I was in a hurry.

So, my questions to you are....

Are you sure you didn't deserve it?

Did you signal properly before making the lane changes?

Did you have reason to change lanes several times or were you just impatient?

How heavy was traffic?

Frequent lane changes in heavy traffic just ticks other folks off, including police officers. They are human, too. Plus, they usually result in no measurable gain in time and cause others to have to brake hard, which backs up traffic.

 

[Egon]

Another though; Dress well, short haircut, and carry a duffel bag with a hockey stick. The Judge may ask for your autograph!

 

[George2615]

In most areas you can obtain an abstract of your driving record from the motor vehicle acency who issues licenses (for a small fee). Providing you have a clean license it will show this on the abstract which can be presented to the judge. If available in your area you can also take a defensive driving course before the court date. Be polite in front of the judge and present your case that you are a law abiding citizen and you don't feel you were driving reckless but have taken steps (like the defensive driving course) to prevent a future similar event. It sometimes helps to draft a letter (providing your license is clean) stating your years of incident free driving (since abstracts only go back a few years) and that you are an upstanding family man and productive member of your community. If the judge sees you are sincere they will sometimes reduce the charge to a lesser charge or dismiss it. This worked for me a few years ago.

 

[MikePA]

Seriously guys, how do you present yourself at the court for reckless driving?

Click Here for information on what reckless driving means in VA. A simple Google of "reckless driving virginia" found this.

Some of the more pertinent information from this site follows. Italics and underline are mine. The fact you had children in the car isn't going to help your case. Good luck, you're going to need it, that and a good lawyer.

Virginia Reckless Driving Ticket
Virgina is cracking down on excessive speeding, especially in Fairfax County on the Dulles Tollroad and Wythe County. If you are cited for 20mph over the speed limit or at a speed greater than 80mph then you may be facing the very serious charge of reckless driving. In Virginia this is a criminal violation and a mandatory court appearance. The judge has the option of fining you up to 2500 plus one year in jail. Jail time is unusual but does happen, especially if your speed exceeded 100mph. They will put you in cuffs and you will go straight to jail.

You should always contest a VA reckless driving charge. If there were no other issues during the traffic stop, most Virginia courts will reduce the violation to a simple speeding ticket. However this still carries a stiff six point count with the possibility of a major increase in you auto insurance and a fine in the neighborhood of $500. If you are a VA driver, you will be subject to the reckless driving $1050 surcharge payable to the VA DMV on top of the court fine if the judge does not reduce.

We strongly recommend that you retain a Virginia lawyer for any major speeding or traffic violation but especially if you receive a VA reckless driving or DUI citation. A Virginia attorney can represent you at your arraignment and can usually negotiate for you so you do not have to appear in court.