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Alleged reckless driving not witnessed by officer!

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B.Scott

Junior Member
What is the name of your state (only U.S. law)? Utah

I was issued a citation for reckless driving based on a complaint issued by another driver. Here are the details: I was traveling northbound on US 89, a 2 lane road, just north of Manti, Utah. I passed a slow moving dump truck and an unseen car in front of him. About 1 mile north of my passing, all traffic was required to stop for road construction. While stopped, the driver of the dumper came to my window and asked what my hurry was. Not wanting to engage him in conversation, I told him to call the sherrif if he thought I did something wrong, which he did. In the mean time, northbound traffic was allowed to proceed, and approximately 8 miles further north, I was pulled over by a deputy sherrif, who told me that a driver was swearing out a complaint against me. I was then issued a reckless driving citation. I had the officer write on the citation, "not witnessed by officer". The sherriff told me that it was reported that I had to come to a "panic stop". I asked the officer to return to the scene to verify the presence or absense of skid marks. He declined.

I have retained an attorney and have pled not guilty, and await a pretrial conference.

I don't believe the prosecutor has a case, since the alleged r. driving was not witnessed by trained and certified personnel.

Your opinions please, and thanks!What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
If there are other witnesses, an officer is not required.
Whether what you did was reckless is probably up to interpretation, but passing more than one vehicle at once is generally not considered safe practice.
 
If there are other witnesses, an officer is not required.
Whether what you did was reckless is probably up to interpretation, but passing more than one vehicle at once is generally not considered safe practice.
There should be no case from a single person testifying.

What is stopping people from abusing the civil authority to influence reckless driving charges to get unjustifiably even ?

I cannot fathom a department having a mandated policy to issue reckless driving misdemeanors because of one witness account. If 2 or more stranger's issued the same complaint, then yes action should be required.

What's stopping me from calling the Sherri f's office complaining your driving like a lunatic when at truth your driving perfectly fine.

I would of been furious you have to pay lawer fee's,
 

B.Scott

Junior Member
If there are other witnesses, an officer is not required.
Whether what you did was reckless is probably up to interpretation, but passing more than one vehicle at once is generally not considered safe practice.
You're kidding me, right? You've never passed more than 1 vehicle?
 

NRH81

Member
Well, by what you wrote they have no evidence other than one disgruntled dump truck driver. If that's true you should come out on top with this one. What questions did the cop ask you? Another thing, what was the speed limit and how fast were you going when you passed the other vehicles? Do you know for sure it's only going to be one guy there testifying against you?
 

Alex23

Member
If only I could get the police to come out and cite my neighbor for his booming car stereo as easily...
 

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