Charged with reckless driving in NY

[Shipsaeki]

What is the name of your state (only U.S. law)? New York

Hello,

A couple of friends and I perform motorcycle tricks otherwise known as 'Stunting'. Every year we organize a stunt show as a fundraiser for children with autism.

For the last 4 months, my friends and I have been going to a specific parking lot to practice our stunts. We have had numerous conversations with NYPD police officers who are in charge of the parking lot and none of them seemed to have a problem with what we were doing. We stay in an area far away from any parked cars or the general population. Many of the officers we spoke to appreciated that we stay in parking lots rather than practicing our tricks on public highways and local streets. In addition to keeping our stunt practicing in a parking lot, we have to pay to enter the lot. I believe that the beach parking lot is property of NYC parks department.

On June 12, 2009, my friends and I were practicing our stunts in the beach parking lot located in the Bronx. We were approached by NYPD officers and were told that we have 20 minutes remaining until the beach is closed. Approximately ten minutes later, NYPD Highway patrol unit 1 comes in to watch us. They cited all of us with 8 equipment tickets and 1 reckless driving ticket. In the process of checking over our motorcycles, one of my friends phone rings. My friend reached for the phone and one of the officers asked him to put the phone down. As my friend proceeded to put the phone phone in his pocket, the officers reached for the phone at the same time. During this time, both my friends hands and the officers hand came in contact. The officers threatened my friend saying 'if you ever touch my hand again, I'll slap you so fu**ing hard that you wont even feel yourself hit the fu**ing floor.'

On top of all of the summons', they impounded our motorcycles as 'arrest evidence' even though we weren't arrested.

My question is this: Did these officers have the right to issue us the equipment tickets as well as the misdemeanor reckless driving summons? I know they have jurisdiction of the highways in Manhattan and the Bronx. Do they have the right to come into a local beach parking lot? Also, would the beach parking lot be considered a public roadway?

One fact worth noting is that on all of the summons', the officers wrote that we were in the south east corner of the parking lot, but we were really in the north west corner of the parking lot. The highway patrol units should have us on video as well as the location. Is this enough of a mistake to dismiss the tickets?

[LSCAP]

I wouldn't count on mistakes.

Find the people who help with- or are in charge of - the fund raiser. A complaint to the precinct captain, or ask for help, might get you further.

YOU WERE PREPARING TO DO A CHARITY THING. It goes over big in NY- and some other places.

[Shipsaeki]

that's what I'm counting on. But lets say the charity thing doesn't work out, what other options do I have?

[LSCAP]

The tickets are legal.

If the Highway captain won't help either, you can show proof to the DA..

Let me back up. When I left there, (NY) they started a system where you were sent to a Clerk with a computer to tell him/her what the violation was. They could find you guilty or innocent. They were - usually- lenient. But if you disagreed with they finding, you could still go before a judge. Believe it or not, many of them- judges- are quite understanding about charities.

And - Many - years ago, a highway cop did that and the ticket was voided and the cop ....Well Captains hate stupidity. and bad publicity for the dept.

Wish you luck and don't give up.

[Shipsaeki]

Thanks, I really hope I can get this sorted out. I just don't understand why only the highway cops show such disrespect. Out of all of the NYPD officers I speak to, none of them like the highway unit. It seems that the highway guys have their heads so far up the behind that they're blind to realize that no one on the entire job respects them.

Honestly, if I had a HWY PBA card, I would be afraid to show it... I think it would do more harm than good.

[You Are Guilty]

I assume you were at Orchard? If so, the lot is considered public so the police would have jurisdiction. It also means the bikes need to be street legal - so if you have dedicated stunt bikes, my guess is the equipment violations meet the letter of the law. As noted, your best bet is to go with sympathy, as it seems like the tickets have no (obvious) defenses.

And the reckless can go either way. Generally, stunting, by definition, is reckless. However, if the only ones at risk were yourselves (i.e. no danger to the public) and it was prep for a charity event, then you might have a shot at beating it.

Good luck.

[patstew]

Originally Posted by Shipsaeki

I just don't understand why only the highway cops show such disrespect. Out of all of the NYPD officers I speak to, none of them like the highway unit. It seems that the highway guys have their heads so far up the behind that they're blind to realize that no one on the entire job respects them.

I think you just answered your own question there, sparky.