reckless driving advice wanted

[beebeeri000]

That's not a court date. It's a plea hearing, that is, "arraignment." You go in and request a jury trial, plead guilty / not guilty, and they set the "real" trial date. You lawyer will walk you through this. He might try and talk you / them into reducing the charge. This is a two way gotcha. If you TRULY are innocent, and you stick with a jury trial, you might get convicted...........of the full deal........and there is no reducing that

So if yo plead it down to "something less" even though you "did nothing," you have cut your losses.

This whole deal smells. If you are being ABSOLUTELY honest here, you could get screwed real easy. No witnesses except your accuser --who is likely the guy that hit you-- it's going to depend on "who they believe."

You might check into "if" there are any LEO freeway cameras nearby.

i dont know man the cop was basically yelling at me that that was the court date where we plead to the judge and he decides. unfortionatly there is only 1 camera on highway 14 and where the accident happend isnt being recorded.

 

[beebeeri000]

The two best things you have going for you.
1. Cop watched an uninsured motorist drive off.
2. As was mentioned, Jury Trial.

Now if your lawyer could drop a bug in the Cops ear that watching an uninsured motorist drive off will be an issue in court, then the Cop would be a fool to show up. In other words he will beg the DA to dismiss the case before the first day in court. But if that happens you lose leverage in a civil trial which would be the only way to get a judgment against the other driver.

If it were me I'd take the dismissal, a judgment doesn't mean **** really.

yea thats what i was feeling would cause a dismissal and thats why i was bringing it up i really just want this dropped cause even if they suspended my license i'd end up failing all my college classes that i am taking right now.

 

[beebeeri000]

Here in CA, the rear ender is 99% always at fault. There is no excuse hitting someone in front of you if you are paying attention (remember the second for every 10mph following rule from drivers ed?). Even "swoop and brake" collisions (staged?) dont fare well. Good luck, hope it gets dropped. Dont expect anything from the driver who will get a judgement against him and just throw up his hands saying that he has no money, thats usually case closed down here. Get your insurance involved, that is what you pay them to do.

yea i contacted insurance and theyre going to go after him. the only thing that has me worried is the jail time that gets tagged on reckless driving suits.

 

[beebeeri000]

Then you can part out your Honda and buy another Mopar..... see light a the end of the tunnel!

lol yea get a 4 door /6 dart with efi. itd probably fair better in an accident than a honda

 

[trapster]

i dont know man the cop was basically yelling at me that that was the court date where we plead to the judge and he decides. unfortionatly there is only 1 camera on highway 14 and where the accident happend isnt being recorded.

For around forty dollars you can have your own camera in your car. recording all the time.

Remember when you get to court not having insurance does not make you guilty of reckless driving.

 

[hemicop]

From what you posted it's really simple---there was no reason you had to get in front of the driver, or even alongside him. Once you saw his bad driving (cutting you off) from a safety standpoint you should've just let him go on and you stay behind him. Afterall if he's ahead of you he can't back-up & hit you. It sounds like the Officer was thinking along similar lines as I and perhaps he knew more about the incident than you (or I) know. Aside from that I don't know what you're asking. as to why he didn't tow the other guy's car---some agencies have a policy that limits conditions as to when a vehicle is towed no matter what the law says.

 

[67Dart273]

From what you posted it's really simple---there was no reason you had to get in front of the driver, or even alongside him. Once you saw his bad driving (cutting you off) from a safety standpoint you should've just let him go on and you stay behind him. Afterall if he's ahead of you he can't back-up & hit you. It sounds like the Officer was thinking along similar lines as I and perhaps he knew more about the incident than you .

That sure as HELL does not make this reckless driving!!!! In fact I don't see that it makes "it" "anything"

[ame="https://www.youtube.com/watch?v=eTmoCM2iw8A"]Larry Vee: Is This Anything? (Letterman 1/7/2003) - YouTube[/ame]

You claim to be a cop and you are telling us this ****? You have got to tell me that you are joking

^^Extra points if you can tell us who this was, what he was saying and why, and "where" this was happening"^^

How could the officer possibly "know anything?" If he had some "witness" call in on 911 or whatever this is hardly evidence necessarily, unless the caller has made an official statement. Until that witness is sorted out, (if they exist) they can hardly be called as on-the-spot definitive to be pressing charges.

The other "participant" can hardly be called credible, either.

 

[DNasty777]

"Bad luck" seems to follow you, didn't you post up a thread a while ago about being in some trouble? What was the speed limit of the road you were on? I doubt it was 70mph, so X2 on what hemicop said. You gotta get your stuff together bud.

 

[1967 'cuda]

I had a similar experience as beebeeri000 several years ago. It didn't result in an accident though. I was on my way to work one evening traveling westbound doing the 65 mph speed limit. When I tried to pass a car that was doing 55, the driver sped up so I could not pass. I gave up on passing him and returned to the lane behind him. That's when he slammed on his brakes. I was far enough away to avoid collision. The driver slowed to 10-20 mph. When I attempted to pass again he immediately sped up to keep me from passing. Once again I pulled back in behind him. He slowed back down to 10-20 mph again. The longer I followed, the slower he drove.

My commute to work was 30 miles from my home. It became obvious that I'd have to pass if I didn't want to be late for work and risk losing my job. I had more than enough power to do it but it meant I'd have to speed to get by him and put some distance between us.

Maybe your opinion is that I was driving recklessly but I chose to pass just as beebeeri000 chose to do.

 

[EL5DEMON340]

Lot of good advise but I think your best bet is talk to a good lawyer in the town or county this took place in. It will cost you !! The one thing I remember clearly from drivers ed a long time ago is you want to keep these type of drivers well in front of you where you have much more control of the situation.

 

[1967 'cuda]

^^Extra points if you can tell us who this was, what he was saying and why, and "where" this was happening"^^

Clifton James in Rancho Deluxe. That's all I know...

 

[Blind Squirrel]

In Washington, if an accident occurs a citation will be issued. Doesn't matter if you are the only vehicle involved or not. One thing I'd like clarified. So the accident occurred and you pulled to the left side of the road. Decided it would be safer on the right side and you pulled in behind the vehicle. Did this make it look like you were the driver in the rear when the Trooper first approached the scene? I understand the damage to the vehicle. Just describe the scene.

Also, He/she is called a Trooper in Washington. Not a cop or a policeman/policeperson. At a stretch maybe a patrolman. Think of it this way. A Trooper basically has state jurisdiction. A Deputy has county and a cop or police officer has city. There are some cross jurisdictional agreements between some agencies but that's the basis in Washington. Extenuating circumstances within state boundaries can muddle the water a bit here and there. Think rescue/open area searches.

And a defensive driver doesn't hit 70mph on hwy 14 either.

 

[hemicop]

That sure as HELL does not make this reckless driving!!!! In fact I don't see that it makes "it" "anything"

Larry Vee: Is This Anything? (Letterman 1/7/2003) - YouTube

You claim to be a cop and you are telling us this ****? You have got to tell me that you are joking

^^Extra points if you can tell us who this was, what he was saying and why, and "where" this was happening"^^

How could the officer possibly "know anything?" If he had some "witness" call in on 911 or whatever this is hardly evidence necessarily, unless the caller has made an official statement. Until that witness is sorted out, (if they exist) they can hardly be called as on-the-spot definitive to be pressing charges.

The other "participant" can hardly be called credible, either.

I'm not here to assess his driving. He didn't ask for it & I wasn't there to see what happened. BTW, some agencies have a policy that 3 or more moving violations constitute Reckless Driving.
My comment was merely to offer a possible train of thought the Officer had for such an extreme citation.

 

[duster360]

If the driver with no insurance had been obeying the law and not been operating his vehicle on the roadways, there would have been no accident between the two.

 

[999yards]

From what you posted it's really simple---there was no reason you had to get in front of the driver, or even alongside him. Once you saw his bad driving (cutting you off) from a safety standpoint you should've just let him go on and you stay behind him. Afterall if he's ahead of you he can't back-up & hit you. It sounds like the Officer was thinking along similar lines as I and perhaps he knew more about the incident than you (or I) know. Aside from that I don't know what you're asking. as to why he didn't tow the other guy's car---some agencies have a policy that limits conditions as to when a vehicle is towed no matter what the law says.

Agency's towing policy has nothing to do with the officer allowing an uninsured motorist to drive away. A half assed lawyer could reduce his judgment calls on this incident to nothing leaving the officer with zero credibility on everything thing he did here. Doesn't matter if he is a 29 year veteran or just got out of field training. Want to keep it out of court all together and cut your losses? Make sure the officer finds out that his allowing an uninsured motorist to drive WILL be an issue not only in court but also with his state's training and standards division. This **** will disappear.

 

[momoparman]

Three things to consider.

Left lane is for passing slower cars and you can never exceed the speed limit to pass a car.
To drive along in the left lane is to ask for a ticket.
Road rage is a bad thing for everyone involved.

Lawyer up and calm down when driving. Like others have said, enjoy the ride and watch the other fools make the mistakes.

Good luck in court.

 

[Bad Sport]

calm down when driving. Like others have said, enjoy the ride and watch the other fools make the mistakes.

Yep, it took me a long time to get to that point. I used to get PO'ed quite often with other drivers, still do actually, I just respond differently.

I had a guy tailgating me a few years ago on a secondary road near my house. When I was younger I would have messed with him, but now if needed, I just pull to the side and let the fools go.

I did just that, and he roared off down the road, he got about 3/4 of a mile ahead of me and a huge deer came out of nowhere and took him out. Totally destroyed the front of his car, rendering it un-driveable. I just honked the horn on the way by.

 

[GeorgeH]

Sounds like a game of cat and mouse gone wrong. No matter how you explain it, you didn't see the other car before you committed to the pass? You had to dip in and jump the binders? Where was your head? Be glad its not a felony like some states or that it wasn't more serious. Both got tickets, more than likely turn into a "no-fault"

Wasn't it a dope charge that wasn't your fault last time?

Learn from this.

 

[abodyjoe]

Sounds like both of you were driving like jackasses.

Lawyer up. Get it knocked down to a non moving violation and learn from the experience.

 

[Al Bundy]

Like others have said, enjoy the ride and watch the other fools make the mistakes.

Good luck in court.

That's good advice,we have all kinds of crazy drivers out here,many with no insurance and no licenses. When I see someone driving like a lunatic or exhibiting road rage I just let them go on their way. Nothings worth the risk of damaging one of my cars.

Hope it all works out for you.