View Full Version : Reckless Driving
Arcticbird
30th April 2011, 03:40 AM
After leaving the bars tonight at 2am I get pulled over for reckless driving. At a stoplight on 14th and O heading west I gun it for fun and slow down fairly quickly for a yellow light at Centennial. As soon as I stop a cop runs up to my window and asks me to pull over. By ask, I mean shout profanity at my until I was stopped. Note that nobody was crossing the street illegally and no one was in the crosswalk. He asks me if I was drinking, blah, blah, blah. Take sobriety tests and breathalyzer. Turns out I was at ~.04. Good news is no detox or DUI. Bad news is the prick still felt the need to give me a ticket for reckless driving.
I fully believe I deserve to get pulled over for doing what I did, where I did.
I still want to fight this though. I've read a few threads from people saying they had the charge dropped to careless driving. I can't really afford to have my license suspended at this point. The only charges on my record have been speeding tickets, and all of those are from at least 2 or 3 years ago. I guess having a cleanish driving record helps.
Do I need a lawyer? Do I plead "not guilty"? And what do I need to do in order to have the charge changed to careless? I'll pay fines/fees. My main concern is not having my driver's license suspended.
swaggy853
30th April 2011, 03:44 AM
Your license wont be suspended unless you're low on points. Either way insurance is gonna hurt.
Arcticbird
30th April 2011, 03:51 AM
In order to receive some sort of diversionary program, would I plead not guilty, or guilty? I guess I've heard it's advisable to talk to a county clerk to discuss my options.
Burntz
30th April 2011, 09:00 AM
go talk to the city attorney
Posted via Mobile Device
DSMMIKE
30th April 2011, 09:35 AM
go talk to the city attorney
Posted via Mobile Device
He can drop/ change the charge. And ya probally the worst place on all of Ost to get on it like that. ! because theres easily 10 cops just chillin down there and two theres alot of drunk dumbasses like myself j-walking.
regal403
30th April 2011, 10:24 AM
At a stoplight on 14th and O heading west I gun it for fun and slow down fairly quickly for a yellow light at Centennial.
How is that possible? Centennial Mall is one block east of 14th St.
DSMMIKE
30th April 2011, 10:58 AM
At a stoplight on 14th and O heading west I gun it for fun and slow down fairly quickly for a yellow light at Centennial.
How is that possible? Centennial Mall is one block east of 14th St.
GOOD CALL
Arcticbird
30th April 2011, 11:17 AM
It MIGHT have been 13th but I'm fairly certain it was 14th. I really wasn't going that fast. I just got on the throttle a little too much.
nebdrummer
30th April 2011, 11:51 AM
i took diversion for my wreckles driving. I didnt have to appear in court or even meet with my probation officer. This is while i was in wyoming for school though. I just filled out some paper work, paid the 400 or whatever dollars it was, did 40 hrs comm service. and it was dropped.
Nickels
30th April 2011, 11:54 AM
It MIGHT have been 13th but I'm fairly certain it was 14th. I really wasn't going that fast. I just got on the throttle a little too much.
Either way, if you were heading west, you would have had to have been coming from 16th to hit Centennial. West from 14th would take you to 13th. West from 13th would take you to 12th. Centennial just replaces 15th.
Arcticbird
30th April 2011, 12:42 PM
Story fail. I typed that up when I was drunk. Meant east.
Nickels
30th April 2011, 12:48 PM
OH NOW YOU TELL US!!! I ALREADY TOLD MY PARENTS ABOUT THIS! NOW THEYRE GONNA THINK IMA LIAR!
Preston
30th April 2011, 12:51 PM
OH NOW YOU TELL US!!! I ALREADY TOLD MY PARENTS ABOUT THIS! NOW THEYRE GONNA THINK IMA LIAR!
^ THIS! :ohnoes:
BOORAH
30th April 2011, 04:29 PM
Smart. Just talk to the county attorney and ask him/her your options.
ShadowFox
30th April 2011, 04:43 PM
Turns out I was at ~.04. Good news is no detox or DUI. Bad news is the prick still felt the need to give me a ticket for reckless driving.
Story fail. I typed that up when I was drunk. Meant east.
hmmmm......
Slikrider
1st May 2011, 01:20 PM
He just doesn't know directions. Can't blame everything on the beer.
Arcticbird
1st May 2011, 05:25 PM
East, west. Same diff.
Nickels
1st May 2011, 10:28 PM
Actually.. quite the opposite..
MEANWHILE IN AUSTRALIA
4G63
2nd May 2011, 01:00 AM
He just doesn't know directions. Can't blame everything on the beer.
Except kidz
Hillbilly
2nd May 2011, 01:40 PM
Turns out I was at ~.04. Good news is no detox or DUI. Bad news is the prick still felt the need to give me a ticket for reckless driving.
Story fail. I typed that up when I was drunk. Meant east.
hmmmm......
Don't get all "law enforcement" and stuff on us man. Can't you be cool?
ShadowFox
2nd May 2011, 04:32 PM
I'm not worried about the legal aspect of it. Just observing that he says the officer, or prick, as he called him, wrote him a ticket for reckless driving, and not a dui because he didn't meet the statute limit and was not drunk. Then later says he was too drunk to post the correct direction.
If I'm not on duty, its not my problem
regal403
2nd May 2011, 04:42 PM
Perhaps he got drunk between 2 and 3:40 am.
Posted via Mobile Device
Arcticbird
2nd May 2011, 04:57 PM
Perhaps...
More important than my BAC is the outcome with the city attorney. He said based on the police report alone he would try to charge me with careless driving. After discussing the situation he decided to drop it to negligent driving.
ls12svt
2nd May 2011, 07:01 PM
I went through basically the exact same thing only in sarpy county. I got a lawyer and he talked the city attorney, got dropped to careless and i was given the opportunity to take stop class. Took stop class and no points against me.
VerzGTP
2nd May 2011, 07:34 PM
Exactly how fast were you going? And did you bark your tires at all? If not, this doesn't really sound like ''reckless driving'' to me. Maybe exhibition of acceleration, but that's about it. I can also understand the negligent driving too. Being there were a lot of pedestrians around. When I think of reckless driving, I think of someone getting sideways and fish tailing around a corner or something like that.
DSMMIKE
2nd May 2011, 07:42 PM
Exactly how fast were you going? And did you bark your tires at all? If not, this doesn't really sound like ''reckless driving'' to me. Maybe exhibition of acceleration, but that's about it. I can also understand the negligent driving too. Being there were a lot of pedestrians around. When I think of reckless driving, I think of someone getting sideways and fish tailing around a corner or something like that.
have you ever read the descpription of reckless driving it doesnt matter what you think its whats in the books
VerzGTP
2nd May 2011, 07:51 PM
Exactly how fast were you going? And did you bark your tires at all? If not, this doesn't really sound like ''reckless driving'' to me. Maybe exhibition of acceleration, but that's about it. I can also understand the negligent driving too. Being there were a lot of pedestrians around. When I think of reckless driving, I think of someone getting sideways and fish tailing around a corner or something like that.
have you ever read the descpription of reckless driving it doesnt matter what you think its whats in the books
I was just giving my opinion you ****ing bat face piece of ****. No more comments from the peanut gallery please.
ShadowFox
3rd May 2011, 12:42 AM
Perhaps he got drunk between 2 and 3:40 am.
Posted via Mobile Device
It is possible. However I would say it is unlikely. Leaving a bar at 2am, gets pulled over. The typical traffic stop lasts about 15 minutes. However, since there was a dui investigation that occurred, this stop was most likely longer than 15 minutes. During a DUI investigation, there is a mandatory 15 min observational period to make sure that no foreign objects are placed in the suspects mouth (just an fyi...putting anything in your mouth before you take a breath test only hurts your results) prior to the preliminary breath test. Then lets say another 15 minutes for field sobriety tests, running his license and record, etc. Then 10 or so minutes to get home. That puts us at roughly 2:40am. That gives him an hour to gain roughly .04 BAC, which is statute impairment. The average person gains .018 per beer, and processes alcohol by .015 per hour. so over the time that the stop occured and the time he posted, his BAC would have dropped approx .02, putting him at .02. Which means he would of had to drink 3-4 beers before 3:40am to get to .08. How many people, after getting sobriety tested and ticketed for reckless driving, would go home and continue to drink beer at a good rate?
ShadowFox
3rd May 2011, 12:54 AM
However, how much he had to drink doesnt matter...its not a dui ticket he is talking about. I was just pointing out my observations and reasoning.
My advice to anyone receiving a ticket like this...talk to the prosecutors just like he did. In my experiences, they will definately drop the charges a level or two in order to secure a conviction in minor offenses like these.
Also, don't post specifics on here. Lets say a prosecutor or officer involved in the case looks on here, prints out what you typed, sees the day/time and a picture of your car in your sig. Really doesnt help your case any. I'm not going to dime you out. On here, im a car enthusiast that will share my education in law with those interested to listen.
When it comes to the differences between careless, reckless, and willful reckless, however, the statutes are very vague in what classifies each. The way I was taught, is that careless is lack of action that endangers property or person...such as talking on your cell phone, speeding, and switching lanes/turning without signaling cutting people off. The totallity of these circumstances together would equal careless to me. Reckless is more of the committing an action that endangers person or property, such as driving through an empty park (in the grass), spinning cookies in an empty parking lot, launching off of a traffic light. Then Willful reckless would be like doing any of the above putting persons in direct danger...like if the park you were driving your truck through was filled with kids playing, the parking lot you were doing cookies in was occupied by other vehicles and pedestrians, etc.
just my .02
millertime
3rd May 2011, 10:28 AM
Exactly how fast were you going? And did you bark your tires at all? If not, this doesn't really sound like ''reckless driving'' to me. Maybe exhibition of acceleration, but that's about it. I can also understand the negligent driving too. Being there were a lot of pedestrians around. When I think of reckless driving, I think of someone getting sideways and fish tailing around a corner or something like that.
have you ever read the descpription of reckless driving it doesnt matter what you think its whats in the books
I was just giving my opinion you ****ing bat face piece of ****. No more comments from the peanut gallery please.
says the king of the peanut gallery.
Hillbilly
4th May 2011, 09:44 AM
Perhaps he got drunk between 2 and 3:40 am.
Posted via Mobile Device
It is possible. However I would say it is unlikely. Leaving a bar at 2am, gets pulled over. The typical traffic stop lasts about 15 minutes. However, since there was a dui investigation that occurred, this stop was most likely longer than 15 minutes. During a DUI investigation, there is a mandatory 15 min observational period to make sure that no foreign objects are placed in the suspects mouth (just an fyi...putting anything in your mouth before you take a breath test only hurts your results) prior to the preliminary breath test. Then lets say another 15 minutes for field sobriety tests, running his license and record, etc. Then 10 or so minutes to get home. That puts us at roughly 2:40am. That gives him an hour to gain roughly .04 BAC, which is statute impairment. The average person gains .018 per beer, and processes alcohol by .015 per hour. so over the time that the stop occured and the time he posted, his BAC would have dropped approx .02, putting him at .02. Which means he would of had to drink 3-4 beers before 3:40am to get to .08. How many people, after getting sobriety tested and ticketed for reckless driving, would go home and continue to drink beer at a good rate?
However, how much he had to drink doesnt matter...its not a dui ticket he is talking about. I was just pointing out my observations and reasoning.
My advice to anyone receiving a ticket like this...talk to the prosecutors just like he did. In my experiences, they will definately drop the charges a level or two in order to secure a conviction in minor offenses like these.
Also, don't post specifics on here. Lets say a prosecutor or officer involved in the case looks on here, prints out what you typed, sees the day/time and a picture of your car in your sig. Really doesnt help your case any. I'm not going to dime you out. On here, im a car enthusiast that will share my education in law with those interested to listen.
When it comes to the differences between careless, reckless, and willful reckless, however, the statutes are very vague in what classifies each. The way I was taught, is that careless is lack of action that endangers property or person...such as talking on your cell phone, speeding, and switching lanes/turning without signaling cutting people off. The totallity of these circumstances together would equal careless to me. Reckless is more of the committing an action that endangers person or property, such as driving through an empty park (in the grass), spinning cookies in an empty parking lot, launching off of a traffic light. Then Willful reckless would be like doing any of the above putting persons in direct danger...like if the park you were driving your truck through was filled with kids playing, the parking lot you were doing cookies in was occupied by other vehicles and pedestrians, etc.
just my .02
I just want to thank you. You actually sound like you know your job and have the ability to make sound decisions. I think it is a rare trait in your profession.
VerzGTP
4th May 2011, 08:58 PM
Exactly how fast were you going? And did you bark your tires at all? If not, this doesn't really sound like ''reckless driving'' to me. Maybe exhibition of acceleration, but that's about it. I can also understand the negligent driving too. Being there were a lot of pedestrians around. When I think of reckless driving, I think of someone getting sideways and fish tailing around a corner or something like that.
have you ever read the descpription of reckless driving it doesnt matter what you think its whats in the books
I was just giving my opinion you ****ing bat face piece of ****. No more comments from the peanut gallery please.
says the king of the peanut gallery.
If I'm the King, then you must be the Queen.
millertime
4th May 2011, 10:07 PM
Exactly how fast were you going? And did you bark your tires at all? If not, this doesn't really sound like ''reckless driving'' to me. Maybe exhibition of acceleration, but that's about it. I can also understand the negligent driving too. Being there were a lot of pedestrians around. When I think of reckless driving, I think of someone getting sideways and fish tailing around a corner or something like that.
have you ever read the descpription of reckless driving it doesnt matter what you think its whats in the books
I was just giving my opinion you ****ing bat face piece of ****. No more comments from the peanut gallery please.
says the king of the peanut gallery.
If I'm the King, then you must be the Queen.
Oh that's real original. Grow up.
VerzGTP
4th May 2011, 10:32 PM
Grow some hair on your chest, Nancy.
GTPpower
5th May 2011, 09:34 AM
Perhaps he got drunk between 2 and 3:40 am.
Posted via Mobile Device
It is possible. However I would say it is unlikely. Leaving a bar at 2am, gets pulled over. The typical traffic stop lasts about 15 minutes. However, since there was a dui investigation that occurred, this stop was most likely longer than 15 minutes. During a DUI investigation, there is a mandatory 15 min observational period to make sure that no foreign objects are placed in the suspects mouth (just an fyi...putting anything in your mouth before you take a breath test only hurts your results) prior to the preliminary breath test. Then lets say another 15 minutes for field sobriety tests, running his license and record, etc. Then 10 or so minutes to get home. That puts us at roughly 2:40am. That gives him an hour to gain roughly .04 BAC, which is statute impairment. The average person gains .018 per beer, and processes alcohol by .015 per hour. so over the time that the stop occured and the time he posted, his BAC would have dropped approx .02, putting him at .02. Which means he would of had to drink 3-4 beers before 3:40am to get to .08. How many people, after getting sobriety tested and ticketed for reckless driving, would go home and continue to drink beer at a good rate?
However, how much he had to drink doesnt matter...its not a dui ticket he is talking about. I was just pointing out my observations and reasoning.
My advice to anyone receiving a ticket like this...talk to the prosecutors just like he did. In my experiences, they will definately drop the charges a level or two in order to secure a conviction in minor offenses like these.
Also, don't post specifics on here. Lets say a prosecutor or officer involved in the case looks on here, prints out what you typed, sees the day/time and a picture of your car in your sig. Really doesnt help your case any. I'm not going to dime you out. On here, im a car enthusiast that will share my education in law with those interested to listen.
When it comes to the differences between careless, reckless, and willful reckless, however, the statutes are very vague in what classifies each. The way I was taught, is that careless is lack of action that endangers property or person...such as talking on your cell phone, speeding, and switching lanes/turning without signaling cutting people off. The totallity of these circumstances together would equal careless to me. Reckless is more of the committing an action that endangers person or property, such as driving through an empty park (in the grass), spinning cookies in an empty parking lot, launching off of a traffic light. Then Willful reckless would be like doing any of the above putting persons in direct danger...like if the park you were driving your truck through was filled with kids playing, the parking lot you were doing cookies in was occupied by other vehicles and pedestrians, etc.
just my .02
I just want to thank you. You actually sound like you know your job and have the ability to make sound decisions. I think it is a rare trait in your profession.
Ditto
red93z28
5th May 2011, 11:51 PM
not going to quote it but THIS^^^^^^^ appreciate those that do what is right and dont guess about it.
Kelvin
6th May 2011, 09:38 AM
Exactly how fast were you going? And did you bark your tires at all? If not, this doesn't really sound like ''reckless driving'' to me. Maybe exhibition of acceleration, but that's about it. I can also understand the negligent driving too. Being there were a lot of pedestrians around. When I think of reckless driving, I think of someone getting sideways and fish tailing around a corner or something like that.
have you ever read the descpription of reckless driving it doesnt matter what you think its whats in the books
I was just giving my opinion you ****ing bat face piece of ****. No more comments from the peanut gallery please.
your opinion doesnt ****ing matter faggot
Kelvin
6th May 2011, 09:38 AM
also, thanks shadowfox for your input.
280zxnick
6th May 2011, 11:49 AM
He just doesn't know directions. Can't blame everything on the beer.
Except kidz
HAHAHAHA
4G63
6th May 2011, 12:02 PM
Nick I know thats sarcastic and all ever since you became a teen father freshman year, sorry.
DarkSlide
6th May 2011, 12:09 PM
Wait, he has a kid?
This is why abortion should be allowed and in some cases enforced.
Preston
6th May 2011, 12:27 PM
Wait, he has a kid?
This is why abortion should be allowed and in some cases enforced.
Hey, now... :lol:
ShadowFox
6th May 2011, 05:49 PM
Thanks guys. I try to help out in here whenever possible.
vBulletin® v3.7.2, Copyright ©2000-2012, Jelsoft Enterprises Ltd.