subparplasma
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Reckless Driving?
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Mr Unoriginal
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Well I'm pretty sure that anytime an accident involves you behind the person, it is often your fault. You are supposed to be the correct amount of car lengths behind a person to be able to stop regardless of most circumstances.
subparplasma
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Yeah, I'm not trying to fight the fault of the accident, it was my fault. I'm just trying to find a valid excuse for fighting the reckless driving charge.
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[quote name='botticus']Yeah, the shoulder is where you should be going, barring any people on a sidewalk or something. I'm not clear on the van that was overtaking you though... I assume from behind? Seems like they'd be just as much at fault.[/QUOTE]
They were in their own lane, and apparently nearly beside the OP (judging by the side-swipe comment).. how could they be at fault for him swerving into the van?
This is also a common method of insurance fraud (the truck and the van working together). It's possible the OP got caught into one of those scenarios. Of course, that also has no relevance to getting cited for reckless op.
They were in their own lane, and apparently nearly beside the OP (judging by the side-swipe comment).. how could they be at fault for him swerving into the van?
This is also a common method of insurance fraud (the truck and the van working together). It's possible the OP got caught into one of those scenarios. Of course, that also has no relevance to getting cited for reckless op.
I have an ebook called No Points that basically summarizes what to do in court in order to avoid getting points on your license. It mostly has to do with speeding tickets but it can't hurt to look it over. If you want, pm me your email and I'll send it to you.
darkmere
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[quote name='subparplasma']The incident occured when a truck in front of me came to an slammed his brakes for no apparent reason. To avoid rear-ending the vehicle I had to swerve into the other lane.[/QUOTE]
if you had been travelling at the speed limit and observed the proper distance between your vehicle and the truck in front of you then you would not have had to swerve. admitting to the officer that you swerved set you up for a reckless driving ticket.
if you really want to fight it, hire a lawyer. if you wanna save lawyer fees, talk to the court about traffic school to save this from hiking your insurance rates.
if you had been travelling at the speed limit and observed the proper distance between your vehicle and the truck in front of you then you would not have had to swerve. admitting to the officer that you swerved set you up for a reckless driving ticket.
if you really want to fight it, hire a lawyer. if you wanna save lawyer fees, talk to the court about traffic school to save this from hiking your insurance rates.
subparplasma
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strummerbs
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[quote name='subparplasma']So you would agree then that a more fitting charge would be the following?[/QUOTE]
No, because that applies to rear-end collisions, such as hitting the truck. As you moved into the next lane and hit a vehicle you saw oncoming, there is a possible charge of reckless driving. However, you may be able to argue the following.
§ 46.2-869. Improper driving; penalty
Notwithstanding the foregoing provisions of this article, upon the trial of any person charged with reckless driving where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving. However, an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court's decision and shall notify the court of such change. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than $ 500.
No, because that applies to rear-end collisions, such as hitting the truck. As you moved into the next lane and hit a vehicle you saw oncoming, there is a possible charge of reckless driving. However, you may be able to argue the following.
§ 46.2-869. Improper driving; penalty
Notwithstanding the foregoing provisions of this article, upon the trial of any person charged with reckless driving where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving. However, an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court's decision and shall notify the court of such change. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than $ 500.
[quote name='Cornfedwb']They were in their own lane, and apparently nearly beside the OP (judging by the side-swipe comment).. how could they be at fault for him swerving into the van?
[/QUOTE]
Ah, I was thinking this was on a two-lane road (so overtaking would be driving too close or attempting to pass). Nevermind then.
[/QUOTE]
Ah, I was thinking this was on a two-lane road (so overtaking would be driving too close or attempting to pass). Nevermind then.
ZeroSupporT
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No offense but I have had to lock up my brakes behind a semi once and they took a hell of a lot longer to stop than me.
[quote name='Storamin']Plead not guilty. Explain what happened to the judge and say that you have no problem with the fine, but that you don't want the points.
If the cop doesn't show up (very good chance that they won't), then ask for a dismissal.[/QUOTE]
That whole "you get a dismissal if the reporting office doesn't show up" is an urban legend by the way. And even if it was a requirement, the judge can simply accept your plea of not guilty and set a future court date for a trial at which time you can be assured to a. see your officer friend and b. have a pissed off judge.
If the cop doesn't show up (very good chance that they won't), then ask for a dismissal.[/QUOTE]
That whole "you get a dismissal if the reporting office doesn't show up" is an urban legend by the way. And even if it was a requirement, the judge can simply accept your plea of not guilty and set a future court date for a trial at which time you can be assured to a. see your officer friend and b. have a pissed off judge.
darkmere
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[quote name='subparplasma']So you would agree then that a more fitting charge would be the following?[/QUOTE]
like i said, if you were driving at the speed limit and following by the proper distance, you would not have had to swerve. you would have had plenty of room to come to a stop. you were either speeding or following too close, or both. since you were not driving safely in the eyes of the law, you are guilty of reckless driving.
like i said, if you were driving at the speed limit and following by the proper distance, you would not have had to swerve. you would have had plenty of room to come to a stop. you were either speeding or following too close, or both. since you were not driving safely in the eyes of the law, you are guilty of reckless driving.
[quote name='darkmere']like i said, if you were driving at the speed limit and following by the proper distance, you would not have had to swerve. you would have had plenty of room to come to a stop. you were either speeding or following too close, or both. since you were not driving safely in the eyes of the law, you are guilty of reckless driving.[/QUOTE]
You forgot to mention not paying close enough attention.
You forgot to mention not paying close enough attention.
Maklershed
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[quote name='Cornfedwb']That whole "you get a dismissal if the reporting office doesn't show up" is an urban legend by the way. [/quote]
It wasnt an urban legend for me. But then again my offense was a speeding ticket. I contested it and went to court. I sat there for 5 minutes after the trial began and the judge said "well looks like Officer so and so wont make it .. see ya later" and that was that. Speeding ticket over turned.
It wasnt an urban legend for me. But then again my offense was a speeding ticket. I contested it and went to court. I sat there for 5 minutes after the trial began and the judge said "well looks like Officer so and so wont make it .. see ya later" and that was that. Speeding ticket over turned.
[quote name='darkmere']like i said, if you were driving at the speed limit and following by the proper distance, you would not have had to swerve. you would have had plenty of room to come to a stop. you were either speeding or following too close, or both. since you were not driving safely in the eyes of the law, you are guilty of reckless driving.[/QUOTE]
If that were the case, then every traffic violation would be "reckless driving." Last I checked that didn't happen when you paid a speeding ticket.
If that were the case, then every traffic violation would be "reckless driving." Last I checked that didn't happen when you paid a speeding ticket.
darkmere
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[quote name='botticus']If that were the case, then every traffic violation would be "reckless driving." Last I checked that didn't happen when you paid a speeding ticket.[/QUOTE]
some quick google searching might clear things up:
from http://dictionary.law.com/default2.asp?selected=1749&bold=||||
reckless driving
n. operation of an automobile in a dangerous manner under the circumstances, including speeding (or going too fast for the conditions, even though within the posted speed limit), driving after drinking (but not drunk), having too many passengers in the car, cutting in and out of traffic, failing to yield to other vehicles and other negligent acts. It is a misdemeanor crime. A "wet reckless" is a plea in a drunk driving prosecution allowed to lessen the penalty when the blood alcohol level is close to the legal limit.
from http://www.duifyi.com/dui_glossary.html
Reckless Driving - Operating a motor vehicle in a dangerous manner, including speeding, weaving in and out of traffic, and the like.
here's a link to the virginia dmv listing examples of reckless driving offenses.
http://www.dmv.state.va.us/webdoc/citizen/drivers/points_6.asp
Reckless driving - speeding in excess of 80 mph (11 years)
Reckless driving - speeding 20 mph or more above the posted speed limit (11 years)
Reckless driving - racing (11 years)
Reckless driving - passing or overtaking an emergency vehicle (11 years)
Reckless driving - passing a school bus (11 years)
Reckless driving - passing on the crest of a hill (11 years)
Reckless driving - passing at a railroad crossing (11 years)
Reckless driving - passing two vehicles abreast (11 years)
Reckless driving - driving two vehicles abreast (11 years)
Reckless driving - driving too fast for conditions (11 years)
Reckless driving - failing to give a proper signal (11 years)
Reckless driving - faulty brakes/improper control (11 years)
Reckless driving - on parking lots, etc. (11 years)
Reckless driving - with an obstructed view (11 years)
Reckless driving - generally (11 years)
Speeding 20 mph or more above the posted speed limit (5 years)
note the close relation of reckless driving to speed, vehicle control, posted speed limits, and driving conditions. the law also defines it rather vaguely, making it applicable to most tickets that involve a vehicle in motion, making it easy to throw the book at you, but hard to defend.
some quick google searching might clear things up:
from http://dictionary.law.com/default2.asp?selected=1749&bold=||||
reckless driving
n. operation of an automobile in a dangerous manner under the circumstances, including speeding (or going too fast for the conditions, even though within the posted speed limit), driving after drinking (but not drunk), having too many passengers in the car, cutting in and out of traffic, failing to yield to other vehicles and other negligent acts. It is a misdemeanor crime. A "wet reckless" is a plea in a drunk driving prosecution allowed to lessen the penalty when the blood alcohol level is close to the legal limit.
from http://www.duifyi.com/dui_glossary.html
Reckless Driving - Operating a motor vehicle in a dangerous manner, including speeding, weaving in and out of traffic, and the like.
here's a link to the virginia dmv listing examples of reckless driving offenses.
http://www.dmv.state.va.us/webdoc/citizen/drivers/points_6.asp
Reckless driving - speeding in excess of 80 mph (11 years)
Reckless driving - speeding 20 mph or more above the posted speed limit (11 years)
Reckless driving - racing (11 years)
Reckless driving - passing or overtaking an emergency vehicle (11 years)
Reckless driving - passing a school bus (11 years)
Reckless driving - passing on the crest of a hill (11 years)
Reckless driving - passing at a railroad crossing (11 years)
Reckless driving - passing two vehicles abreast (11 years)
Reckless driving - driving two vehicles abreast (11 years)
Reckless driving - driving too fast for conditions (11 years)
Reckless driving - failing to give a proper signal (11 years)
Reckless driving - faulty brakes/improper control (11 years)
Reckless driving - on parking lots, etc. (11 years)
Reckless driving - with an obstructed view (11 years)
Reckless driving - generally (11 years)
Speeding 20 mph or more above the posted speed limit (5 years)
note the close relation of reckless driving to speed, vehicle control, posted speed limits, and driving conditions. the law also defines it rather vaguely, making it applicable to most tickets that involve a vehicle in motion, making it easy to throw the book at you, but hard to defend.
Were you driving like an ass to keep the van from passing you? (Do you think the cop assumed that's probably what was going on?) If not just be honest and I think most judges will reduce it for your first offense.
I might want to talk to a lawyer if I were in your spot since Reckless Driving is more serious than a simple speeding ticket (I think?). Probably not to have the guy go to court with you, but for advice on how to plead.
I might want to talk to a lawyer if I were in your spot since Reckless Driving is more serious than a simple speeding ticket (I think?). Probably not to have the guy go to court with you, but for advice on how to plead.
[quote name='wubb']Were you driving like an ass to keep the van from passing you? (Do you think the cop assumed that's probably what was going on?) If not just be honest and I think most judges will reduce it for your first offense.
I might want to talk to a lawyer if I were in your spot since Reckless Driving is more serious than a simple speeding ticket (I think?). Probably not to have the guy go to court with you, but for advice on how to plead.[/QUOTE]
Reckless driving is one of the worst traffic tickets you can get. The penalty is usually pretty high and the damage to your insurance is HUGE. If the OP is under 21 and that ticket gets reported, he can expect his insurance to go through the roof.
I might want to talk to a lawyer if I were in your spot since Reckless Driving is more serious than a simple speeding ticket (I think?). Probably not to have the guy go to court with you, but for advice on how to plead.[/QUOTE]
Reckless driving is one of the worst traffic tickets you can get. The penalty is usually pretty high and the damage to your insurance is HUGE. If the OP is under 21 and that ticket gets reported, he can expect his insurance to go through the roof.
bread's done