Reckless Driving

[pfamctr]

What is the name of your state?What is the name of your state? Colorado

My 16 year old daughter was ticketed for reckless driving over the weekend. She had let someone else drive her pickup who proceeded to burn the rubber on the tires, leaving a lot of smoke. When the kids realized that they were being pulled over, the other driver drove into the back seat and my daughter received a reckless driving ticket. The ticketing officer did not believe all of the kids in the vehicle when they stated that she had not been driving. The ticketing officer sat in my house after the event and told my daughter that she was full of s*** and that she didn't believe a word of what she was being told.

While I believe that what the kids were doing was wrong and that they should pay the price for what they were doing, I wonder if you could give me any advice on how to best handle this in court - for instance, if we take the other kids in the vehicle (the one that was driving refuses to admit he was the driver), will that help her keep her license or are we looking at an automatic 8 point ticket and automatic license suspension? Any help you could give us would be appreciated.

[sukharev]

I don't have a good advice, but can totally relate. It's tough to be a dad of a 16 year old.

Something does not add up in her story, though. The kid who drove must have been in the car at the time, so why didn't the other kids single him out? And why did the cop pick your daughter? Because it was her truck? Having other kids testify may work, but they should have done it right there on the scene, not later in court.

Let me elaborate a little (I have no clue if this is correct, just throwing in suggestions). If the cop did not see her drive, that's one thing that could help (unless she got into the driver's seat when officer came to the car). I don't think that reckless ownership is same as reckless driving. Look up the statute she was charged with, and see if it has a clear definition there. If she was not driving, she could not be charged with moving violation, see below Colorado statute for reckless driving. That's probably what the kids were hoping for. May indeed work (I am saying this at a risk of drawing criticism from the moral authorities here). However, it's probably better for her not to testify, as she would be under oath and prosecutor may ask her who was driving. Hope you ground her for a while, or find another adequate deterrant for future.

42-4-1401 RECKLESS DRIVING: Any person who drives any motor vehicle, bicycle, or motorized bicycle in such a manner as to indicate either a wanton or willful disregard for the safety of persons or property is guilty of reckless driving.

[Robbie0723]

It takes a certain amount of skill/experience to achieve a sustained burn-out in most vehicles. This is normally one of those "guy" things so her story would not surprise me.

In any event, the impact is serious enough to at least speak to 2-3 attorneys to see what's possible.

[catco50]

Reckless driving charge is pretty serious. You might want to consider talking to a lawyer who specializes in traffic law. You have witnesses. That should be a big help.