JLeake

I would appreciate any advice you guys may have to help me in my current situation. I was cited, improperly in my opinion, for reckless driving. I feel fairly certain I could get the charge dropped if I were to hire an attorney, but I have no intention of parting with the $500 that would require. I will list all details in of the event. I apologize for the length of the post, but I figure more information is better than too little.

A college buddy, who used to own a 944 (NA), was in town for the weekend. He was curious as to the difference in acceleration between the 944 and the 951. I agreed to take him for a ride. I didn't want to haul *** on city streets, so figured I'd just show him a burst of acceleration getting onto the beltway (Eastbound 277 in Charlotte...entering from South Blvd). The speed limit on the beltway is 55 mph. There are two cars in front of me on the entrance ramp, and a Cobra Mustang behind me. Once I'm at the beltway, I signal, check my mirror, check over my shoulder, see no traffic, and punch it. I moved to the far left lane (there are 3 lanes here plus the acceleration lane as I recall). My lane changes were staggered, i.e. I did not change lanes abruptly or in a reckless manner. I get up to the top of 3rd and then back off. Blue lights, siren. The freaking Cobra was an undercover ABC agent (alcohol beverage commission). He flies by me, hangs out for about two seconds, then moves back behind me (anyone seen 'SuperTroopers'?) There isn't a shoulder on the road, so I stay in the right hand lane with my right turn signal on to get off at the next exit, hwy 74 (Independence Blvd) which is about 1/2 mile away. As I'm exiting he pulls up beside me and chirps his siren and is waving or something, but I can't see him well through his tinted windows. I pull over and the first thing he says, in a very agitated voice, is 'When I tell you to pull over to the left, you pull over!' I said 'I was simply trying to find a safe place to pull off, sir.' (I think he wanted me to pull over where the road split, but that's not particularly safe when there's a cop to your left and concrete bridge piling in front of you). He then states that he is going to cite me for reckless driving. He asks me for my license (doesn't ask for registration) and then the year of my car. I give it to him and he's off to his car for a few minutes. He gives me the ticket, and tells me that I really need to slow it down. This is a small car. No matter how good of a driver I think I am, there can be people who are unaware of my presence and can change lanes and cause an accident. He mentioned that he had wrecked a car in the same area going 105 responding to a call because someone changed lanes and didn't see him. He said that he would not contest the ticket, and that it was just his job to write down the charge. He said he didn't know what the DA could do, if anything. He was a dick the whole time. He never clocked me, as my radar detector didn't go off. I really don't think he had a radar/laser gun as he is an ABC agent. He wrote 'A 75' on the ticket for my speed. I could understand speeding, but reckless driving? The actuall description is '...did unlawfully and willfully operate a motor vehicle on a street or highway without due caution and circumspection while at a speed or in a manner as to endanger persons or property G.S. 20-140B.' So, any advice? TIA

Kool

It sounds to me like it is a him versus you type of thing. If he doesn't show up to court then you might stand the chance to get the ticket dropped. I would go to court and see what they do for you. Usually they will reduce the fine and if the officer doesn't show then sometimes the judge will drop it all together. But If you truly don't think that you are guilty of the crime plead not guilty and take them to court. How much was the ticket?

JLeake

I am REQUIRED to show up in court. No dollar amount was written on the ticket. I don't think the guy normally writes tickets of this sort as he's an ABC agent. He said he would not contest the ticket, which I take to mean he won't show up in court. I want to know the most likely outcome BEFORE I step foot in the courtroom.

stefang

Well, the normal procedure is that you send in a not guilty plea, at which point they'll send you a notice as to when to appear for trial. You get there early, find the cop and see what he's willing to plead the charge down to.(this is really all the lawyer does) Sounds like he was a bit annoyed initially but then simmered down, so he might be willing to just go for speeding. Note that I'm not a traffic lawyer. If you really want to make sure you don't get dinged then hire one, otherwise you'll be taking somewhat of a chance.

Stef

Steve Lavigne

I've beat lots of speeding tickets in the past using various technicalities.

In this case though, hire a lawyer. If you can't afford it like you say, sell something to raise the money. I definitely would not want a reckless driving violation on my record.

Carrera51

I got pulled over one night after merging onto I-270 in MD. The car in front of me was attempting to enter the highway at 35-40mph. I moved over two lanes as we entered the highway and floored it. I didn't cut off the car in front or anyone else for that matter. A county police officer was travelling in the left lane and proceeded to pull me over. I explained to him that the car in front was entering a speed well below the flow of traffic and put me in a dangerous position. He ran my license and registration and proceeded to let me go with a verbal warning.

Personally, I'd contest the ticket and ask how he determined you were doing 75mph. I thought that to pace you, a police officer had to follow you for at least 1/2 mile to establish your speed. Sounds like he flipped on the lights much sooner than that.

If you have a clean driving record, point that out to the judge, and even obtain a copy of it from your DMV before appearing in court. Point out to the judge that you were trying to get up to speed with the traffic already on the interstate, you didn't cut anyone off, used your signal, etc.

JLeake

Stefang-again the officer stated that I am required to appear in court, and that he would not contest the charge…so I don’t think he plans on showing up.

Steve- I can afford the lawyer, but feel that I was wrongly accused and do not want to be ‘punished’ by having to spend $500. It may turn out that I have to, but I intend to explore all other possibilities first. Once I have done some research I will call the DA.

Billy W

The "A 75" means aproximatly 75 I think. Which would mean that you are right in that he did not have a radar gun. Anything over 15 miles above the speedlimit is reckless driving in the state of NC. You will come out far cheaper getting a lawyer than paying the increase in your insuracne over the next 3 years. Merrit White is the lawyer that I used the last time a received a reckless driving ticket in Meck county, he was cheap and did a great job. I will call a friend tonight and get his number if you want it.

BTW. No conection just a happy customer. The last time I used him was probally 8 years ago and he got me out of 75 in a 45 with the front tire in the air (cbr600).

Billy W

And yes anything over 15 miles above the speed limit and you have to show up in court. With reckless driving in NC you can loose your licsence for up to a year if the judge wants.

Peckster

Saing you were wrongly accused will sound a lot like saying the cop is lying.

Many people hire lawyers because they are wrongly accused. It's not fair, but it's the way it works.

That's just my opinion, and I'm no lawyer.

JLeake

86951- Yeah please post the number for the lawyer you used. It certainly wouldn't hurt to talk to him. Thanks.

The Al Show

I doubt if an ABC agent is authorized to write traffic tickets. Sounds like he was having a bad day and didn't appreciate the way you pulled away from his Cobra. My 924S can get up to 90 mph in third without hitting the rev limiter in a very short time. I think a 951 could do even better. Without radar though he has no way of knowing your speed. It's not up to him to contest a ticket anyway. He probably meant that he wouldn't prosecute but he was just showing his ignorance of the law. You should talk to the DA at the courthouse before court. Don't ask him to drop it. Tell him you want it dropped. Tell him the ABC guy is an idiot and that he said he was not going to show up. With no witness and no evidence he doesn't have a case. If the guy does show ask him to drop it before you have to embarass him in court. You can cross examine him yourself if you don't have a lawyer. Ask about his police training if any. How many traffic tickets does the average ABC agent write. How many has he written previously.Why doesn't he have radar if he's on traffic duty. How did he determine your speed? Why didn't he check your registration? I'm sure you can think of other questions more specific to your case. If you bring up these things with the DA it probably won't go before the judge.
Representing myself backfired on me once when the judge didn't care about right or wrong he was there to collect fines. When I asked for a few days to pay the fine he said you knew you were coming to court. Why didn't you bring some money? I said it was because I also knew I wasn't guilty. He had me thrown in a jail cell until someone paid my fine.
Anything can happen in court so your best shot is arguing your case with the DA before court. If he's an a**hole tell him you will request a jury trial. He may call your bluff but a jury needs more evidence than he has.
If you try to get it dropped before the court date they might coach the ABC guy on how to testify and what he has to say on the stand. It's to your advantage to wait till you get to court.
DISCLAIMER: I'm not a lawyer. I never went to law school. I'm only talking from experience. I don't contest every ticket. When I'm guilty I shut up and pay the fine. This is free advice. Whatever that's worth. Good luck.

Toolmaster

Jleake -

Ok. First - the disclaimer.

I'm not a lawyer, nor have I studied law. This post is purely my opinion, and please treat it as just that.

First thing I'd do, is give the ABC a call, and find out what jurisdiction they have on traffic crime/incidents. There's a good chance that he doesn't have jurisdiction for this matter - and if so - you can have the charge thrown out. Was it even legal for the officer to stop you? Did the officer have suspicion of a DUI, or whatever was within the auspices of his appointment?

Second, formally request as many continuances as you can, for reasons of tests at school, gathering evidence, etc. You have the right to have enough time to make your case. Use it. Get pictures of the area, eyewitnesses, etc. Get a copy of your driving record if it's clean. Formally request from the ABC the Officer's training information, when/how/which rader guns he's been trained for, etc. Request the calibration sheet for the Speedometer in the officer's car - to prove that it hasn't been calibrated.

Third - examine the ticket carefully. See if there are any errors on it. Most officers who aren't "used to" writing tickets can make a mistake (a flagrant one at that too) which basically renders the ticket invalid.

Lastly - if this was for the recklass driving - your BEST bet is to hire an attorney. What's $500.00 now, when you could be looking at a year plus without a license, or a MUCH higher insurance rate with that offense on your record.

A chat with a public defender is in order here too - and you have the right to request one be assigned to you at little or no cost. You do get what you pay for though...

Document everything. And I mean EVERYTHING. Dates, times, calls, etc. I've had a ticket thrown out because I sent a certified letter to the police station asking for documentation on the officer's training, the calibration sheets for the rader gun he used (95 in a 55 zone - yeah right...) and such information. When the police did not respond, I asked the judge to dismiss the case on the grounds that I was not given the lawful time or means to build my case. She laughed, and dropped it immediately.

Good luck.

Mark Parker

A: The dude is an assbag and you teaked his **** by pulling off from his Mustang
B: The assbag represents THE LAW and in front of a judge his statement in absentia will probably carry more weight than anything you'll say.
C: Let the lawyer handle it for you. You'll probably come out way ahead in the long run, no increased insurance rates and no points.

Robby

I don't know about ANY speed being an "automatic" reckless, but I'm not in NC either. I do know, that here in TN, almost EVERYONE says that 75 in 55, or 20 over, or 25 over, or whatever (all depending on who's trying to impress you) is a reckless. The fuct is: there is NO automatic reckless (in TN, and I suspect in most other states)- the officer, however, DOES have the option to give reckless in the 20-30 over range. It completely depends on his mood, how long it's been since his last donut. I'm a little bitter from my last ticket- I went to court- he wasn't there- if he's not there this time, it's dismissed, so I'm keeping my fingers crossed...

Anyway, you got reckless anyway, so it doesn't matter. I would definately mention that you couldn't see through his tinted windows when he was trying to pull you over, since he'll probably mention that you hesitated, if he IS there- I HATE that sh**- they're against the public having tints, so why should they? I don't like dark tint anyway, personally. Anyway, hopefully the ******* will drive off a cliff or have an accident w/his Glock (assuming he carries one- you never know how many beers will try to resist arrest), etc, before the court date, and then it should be dropped, as he wont be there...


Good luck, <img src="graemlins/burnout.gif" border="0" alt="[burnout]" />