• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ridiculous Reckless Driving Ticket

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

rjdave

Junior Member
What is the name of your state? New Jersey

Hello,

On the night of July 27th, 2006 there was a lightning storm. I was driving in Jamesburg, NJ. It was dark and there was police activity ahead. The road is 4 lanes at that point (2 each way) the left lane in my direction is a left turn only and is the direction most traffic goes. The police car ahead was parked in the yellow zebra stripes in front of the left turn only lane. I stayed in the straight lane, proceeding slowly, thinking the police car was at an accident on the other side of the road. I did not have to change my direction at all to get by the police car. There were no officers directing traffic; they were all sitting in their cars. I heard fire truck sirens as I passed by the front of the police car. He honked at me so I pulled off to the left as there is no shoulder there and I was also trying to get out of the way of the fire truck. As I came around he jumped out of his car and started charging towards me yelling "Stop the F@#king car. What are you F@#king stupid? Are you trying to get me struck by lightening?" Then I said that I had no idea what he wanted me to do because no one was telling us where to go. He said something like "You see all this commotion and you go around me?" Keep in mind that since his SUV was near the apex of a bend in the road I could not see the police cars up the road and if he was blocking my lane he would not have been able to turn to follow me as there is no shoulder there. He continued curse at me calling me "f@#king stupid" and saying that I was trying to get him struck by lightning. Then he said to give him my license and while reaching for it said "Give me your f@#king license now! Hurry up!" Then he came back and said "give me your registration now and make it quick!" Then he wrote me a reckless driving ticket and told me "get your f@#king car out of here" I asked for his badge number and he said it was on the bottom of the ticket (which it is not unless his badge number is "5") then he said "Get your f@#king car out of here before you end up in jail!"

I'm wondering what actions I can take against the police officer and the chances of getting the ticket dropped or reduced to something reasonable. Personally I don't think I should get a ticket all. There were no officers directing traffic, the car was not blocking my lane, and I proceeded slowly. I think the police officer had a bloated sense of self importance in a supposed emergency. We drove by the same place no more than 5 minutes later and there was no one there. This officer, instead of actually dealing with the "emergency" at hand decided to take about 10 minutes to write me a ridiculous ticket. On another note there was another police officer on the scene that was not disrespectful or rude from what I could tell. I can make a drawing of exactly what happened if needed, just let me know.

Thanks in advance for the advice,

David Robertson
 
Last edited:


rjdave,

Presuming your testimony correct, sounds like the cop was not in full control of his emotionality at the time. In the midst of action and the unknown, professionalism often flies out the window. Though you'll pay the piper if the fellow remains irate, there is some chance that he has calmed down and will assess the matter with more intellect applied, by the time facing a judge comes around. There may be some fine points of law applicable in this matter.....statutes describing what's expected of a driver when coming upon what was present at the time of this incident. Explore them, or get a lawyer to do so. If it comes to trial, the other cop present, the less agitated guy, might help your situation. "Reckless" driving is a pretty iffy charge when there was no wreck or demonstrable risk of same. Meanwhile, draw your diagram in detail and photograph the location.

There is something in your observation that the process of writing a ticket is potentially more reckless a deed, in many situations. A mad cop will risk it, and with zeal, while a level-headed one may see the wisdom in promoting safety. Even so, the thought about taking action against the cop is not a good idea. He is cut more slack than a citizen when doing something risky, for personal reasons and with suspect judgement. Your chance of getting off clean is smallish; the cop is certain to skate.
 
Last edited:

rjdave

Junior Member
Is there any way to talk to the prosecutor for the case before the court date. Also, do I plead not guilty? or do I just show up on the court date and talk to the prossecutor to get the offense reduced? Could I get a public defender for this or do I have to pay for a lawyer if I want one?

There were also 3 other people in the car with me (my girlfriend and her 2 younger cousin's). Will statements from them help me out?
 
rjdave said:
Is there any way to talk to the prosecutor for the case before the court date. Also, do I plead not guilty? or do I just show up on the court date and talk to the prossecutor to get the offense reduced? Could I get a public defender for this or do I have to pay for a lawyer if I want one?

There were also 3 other people in the car with me (my girlfriend and her 2 younger cousin's). Will statements from them help me out?
The opinion of your three witnesses as to whether or not the driving was "reckless" will not trump a mad cop's testimony on the matter, but if the circumstances you describe, substantiated by three witnesses, do not add up to reckless driving, they will carry some weight. You gotta pay for your own lawyer....which could be less money than you fear, and the most promising way to go. Recognize that "guilty" is a legal term. You are not qualified to judge, from what has been reported, that you ARE guilty of the charge. By pleading guilty you are simply accepting a cop as judge, and that lets the judge accept it too. There is no contest unless you plead "not guilty". Often helps if you talk to a court officer ahead of time, or if your lawyer does, but a dropping of charges won't likely result, unless the cop himself has had a cool-headed moment and drops his insistence....or fails to show up.
 

rjdave

Junior Member
I also just realized that the officer wrote the wrong address down on the ticket. I have an address update sticker on the back of my license that matches the address on my registration. Do I need to do anything about that?

Also do you have any suggestions for finding a reasonably priced lawyer to represent me?

rjdave
 

Six Black Roses

Junior Member
What the hell... hahahahahhaha.

Cops.

Does the guy not know that a car is actually one of the safest places to be in during a lightning storm because of how poor a conductor tire rubber is?

I couldn't get through half your post without laughing, thinking it's a joke. But, hey, I've seen my share of dumb people.
 

Smiles

Member
Six Black Roses said:
What the hell... hahahahahhaha.

Cops.

Does the guy not know that a car is actually one of the safest places to be in during a lightning storm because of how poor a conductor tire rubber is?

I couldn't get through half your post without laughing, thinking it's a joke. But, hey, I've seen my share of dumb people.
Metal vehicles tend to be safer in lightning storms because the vehicle acts like a Faraday cage. It has nothing to do with rubber tires. Perhaps you think you'd be protected from lightning in a convertible? (Don't try it.)

I only laughed when I got to the end of your post. But I like irony. :D

OP, contest the ticket. Make your case. You might not get anywhere, but you definitely won't get anywhere if you just "pay the fine." (The most frequently useless advice on this board as far as I can tell.) And then file a complaint regarding the officer, whose behavior seems unprofessional.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top