Reckless Driving on Private Property???

[codon blue]

What is the name of your state? Washington
I was recently charged with reckless driving because I threw up some gravel in a privately owned parking lot and I was at least 50 feet from the nearest parked car or building. Can they charge me for that when it was on private property?

 

[CdwJava]

What is the name of your state? Washington
I was recently charged with reckless driving because I threw up some gravel in a privately owned parking lot and I was at least 50 feet from the nearest parked car or building. Can they charge me for that when it was on private property?

Probably. But it depends on the statute under which you were charged - and what the elements of the offense are.

You don't get to freely do donuts on someone else's property.

What was the section number they cited you for?

- Carl

 

[codon blue]

Answer to Carl

It was Kennewick Municipal Code 11.90 and Revised Code of Washington 46.61.500.

 

[CdwJava]

RCW 46.61.500
Reckless driving _ Penalty.

(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one year and by a fine of not more than five thousand dollars.

(2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days.

It's not difficult to articulate spinning out to be "willful and wanton disregard" ... at least it isn't in my state. And all the muni code did was to reference the city's adopting of the state law on the matter.

It seems that WA leaves the definition very broad and subjective. That leaves room for argument on both sides.

But, since it wasn't your property I am going to guess that a judge is not going to look to kindly on your argument of people being 50 feet away. People have been killed and injured by such horseplay and the judge is going to be well aware of that. And a tire can hurl gravel MUCH further than 50' with relative ease.

If you want to try and fight it, it would be best to consult local counsel.

- Carl

 

[codon blue]

People??? I never mentioned people.

There were no people anywhere in sight. I said at least 50 feet from any property or cars. Besides the gravel that I threw up went no further than about ten feet at the most. This was deep gravel and there are several tire tracks showing other people must have moved the gravel as well. What I failed to mention in my first question was that after this incident, the police had followed me without their overhead lights or siren on which made me nervous. So, I pulled my truck over in front of my storage unit, which is next to the gravel parking lot where I had threw up some gravel. (I should also like to clarify that I did not spin a donut, I simply over accelerated the gas when I was turning around) I then walked away from my truck, leaving my cell phone, wallet and keys on the seat of my truck and proceeded to walk through a friend's car lot which doesn't have any "no trespassing" signs posted, and went to a nearby friend's house. Apparently, the police who were driving an unmarked car, had pulled up next to my truck and saw me waking away. About twenty minutes later, my friend whose house I was at, received a phone call from my cell phone. It was the police and they were threatening me with all kinds of trouble if I didn't come down to the station and talk with them about the above incident. They said that if I didn't come down before 2 am, they would also dismantle my truck and leave it undrivable. Basically what I am saying is that without an arrest the police took my property and kept it for 5 days, used my cell phone to call my friend, removed my spark plug wires, distributor wires and battery terminals on my truck, and later I received by mail citations for reckless driving, 2nd degree criminal trespassing, obstruction of justice, and resisting arrest. All of this came about without them even talking to me face to face. Do you think they followed proper procedure? Wasn't that illegal search and seizure?

 

[CdwJava]

Basically what I am saying is that without an arrest the police took my property and kept it for 5 days, used my cell phone to call my friend, removed my spark plug wires, distributor wires and battery terminals on my truck, and later I received by mail citations for reckless driving, 2nd degree criminal trespassing, obstruction of justice, and resisting arrest. All of this came about without them even talking to me face to face. Do you think they followed proper procedure? Wasn't that illegal search and seizure?

I have no idea what they used toi justify seizing the property or calling you. As for the other charges, you will have to see what they say in the police report. I'm going to guess their version of events is different than yours.

And there does not have to be ANY cars, people or structures in danger of being sprayed with gravel for the act to be reckless ... at least in my state. WA may have case law that permits people to drive in such a way on someone else's property, but I doubt it.

Since there are some potentially disturbing issues here, and the charges likely contain the possibility of jail time, I recommend you consult local counsel.

- Carl