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reckless driving

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20kk

Junior Member
What is the name of your state? Oklahoma
I recieved a reckless driving ticket on the 30th of Dec. at nearly 10pm. I have pled not guilty and am scheduled to appear in court on the 9th of March. I was cited under statute 47:11-901 for spinning my tires on my pickup truck for 20 yards thru an intersection. I have a Class A and this ticket can cause me to lose my job. So it is and has been a very serious matter to me.
I, my wife and two daughters (15 and 16) all contend that I did not spin my tires at all. This ticket was written by a university campus police officer on a city public street(not on the campus itself). I did not notice this officer until he pulled around a car that was between us and turned on his lights. I immediately pulled into a parking lot upon seen the lights as I had pulled away from the light rather quick. I did not exceed the in town speed limit(20 miles per hour limit). This is a rather short city block and did not want to catch the next light red. It had been raining all day but it was not raining at the time. I had thought that he did not like the way I pulled away from the light and believe that the dual exhaust on my tired 95' Ford 4X4 with a well used ranch look (the truck was used to haul horses) might have sounded faster than it was.
I believed that when he saw that I had insurance, had not been drinking and was with my family, that he would simply tell me to be a little more mindful about pulling away from stop lights.
When I saw that he had written a reckless driving ticket, I, in disbelief, asked several times what I had done that was reckless? He simply stated that I had spun my wheels leaving the stop light. I told him that I dispute that and that I would be fighting this in court. I three more times ask him what I had done that was reckless and at no time did he stipulate that I had not maintained control of my car in any other wonton/careless manner or name any specific public property or person/s that were in danger.
I have pictures of the intersection the next day that shows that there are no tire marks on the street. These were taken with a disposable camera and developed at Wal-marts one hour photo lab. I have newspapers that show the weather conditions that I had been mindful of that evening. I have asked for and been denied the video that is taken once the officer turns on his lights, as well as the police log for that night. I sent a letter to the municipal court judge asking for these after I had been told to ask for them from the Campus Chief of Police. The Chief of Police stated that he would have the officer bring them to court. The Judge told the clerk that I would have to submit a Motion for Disclosure. I am an over the road truck driver and was not able to get this done before the court date.
I am concerned that the judge might still take the officers opinion over mine and am wondering what else can I do to prepare for court. I sure hope that he brings the video; it will show a front wheel drive car between us that he had to wait to pull forward before he could pursue me.
 
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cepe10

Member
It is a really vague charge which workes in your favor - hiring a lawyer for $300 or so may work in your favor - they can argue "reasonable doubt" better and use your witness more effectively. Unless you really want to try it yourself...and talk with the officer and the district attorney about a reduction... You seem to have the evidence and witnesses you would need. If you get an honest judge you should get the dimisall given the unusual circumstances - or you may get probation even if you plead guilty with explaination...
 

20kk

Junior Member
Not $300, $640

I have not been available to deal with this as I did not get back home for days off till yesterday. I had been out since Jan. 06, 2007. I have logs to prove this as well. I can not just pay the fine and get a deferred sentence as I am required to notify my employer of any tickets that I receive whether or not it was on the job or in a personal vehicle. I have done this. They are not inclined to keep me with a reckless drive ticket whether deferred or not, because if I then have a recordable accident they might be held more liable knowing that I have this in my back ground.
This is in addition to the strong belief of four individuals that I did not spin my wheels.
When I talked to the prosecutor(a defense attorney who's office originally thought I was calling to secure him for my defense), he only offered a deferred sentence and $174.00 fine. He said that the officer's report stated that I was combative and hung up on me when I tired to ask if the officer also stated that there was a car between us. I was told by the court clerk that NSU does not write a report on a traffic stop. So the only thing that I have to go on is the comments made on the ticket he turned in. There are none on the hard copy, that he gave me. I have thousands of dollars worth of dental bills, a daughter that has had a severe reaction to medication that I have to take to the hospital to have blood drawn and the fact that I had to take days off two weeks early instead of when my kids will be out of school for Spring Break. Where am I going to get remembursed for the grief this has added to my already stressful life. I did not do this...How does one prove he did not do something where a police officer simply "stating it is so" is proof in itself?
I contacted Legal Aid but they would not help till I came down and filled out proof of financial need. I was in South Dakota at the time. A prosecuting attorney from another county was the one that told me what was in a Motion for Discovery. By the time, that I found out what it was there was not enough time to get it done before court. Sorry for the venting. I am working it out now, before I get to court.
P.S. I believe that the Judge is honest and forthright, but he is a defense attorney, too.
 

cepe10

Member
First see:

http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=82331&date=

"careless or wanton manner without regard for the safety of persons or property"

The charge is vague - spinning your tires is not mentioned in the charge... It leaves a lot of room for unusual circumstances and reasonable doubt!

Juristiction is questionable.

Witnesses are available in your favor.

Sometimes tires slip when starting out on wet and icy pavement - it is not unlawful.

Given all this you have a very strong case.

Try the local bar and google to see if you can find a lawyer advertising in traffic cases for a set fee - $300 or so... Given the ramifications this will be worth it.


keep in mind as discussed in previous cases...

An information "must contain . . . [a] statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended." 22 O.S. 1981 § 401 [22-401]. It "must be direct and certain as it regards . . . [t]he particular circumstances of the offense charged. . . ." 22 O.S. 1981 § 402 [22-402]. An accused "is entitled to know from the allegations of the information what facts, with reasonable particularity, the prosecution considers as sufficient to make him guilty of the offense charged." Wirt v. State, [761 P.2d 908] 659 P.2d 341, 342 (Okla. Crim. App. 1983). Here, the Information merely stated conclusions, failed to apprise appellant of what particular acts or conduct gave rise to the charge of reckless driving, and thus was not sufficiently specific to enable appellant to prepare an adequate defense.
 

20kk

Junior Member
Thanks cepe10

I thought that I would message what happened. I went to court and the judge read the docket. He then called a recess and each was called to talk with the DA. He offerred me a plea which was something like "agree that you accidentally did something and it won't be reckless driving" and $119. My wife though that I should do it, because I sometimes ...am not perfect in my presentation. I though about it for a moment and decided to go to trial. I did not find a lawyer. I believe that this is the first time, I'm 44, that I did not choose the best cost/benefit way. I really didn't do it and thought that I would just plead my case and see. I got to ask the officers questions. I did it through the judge, but I had prepared well and had a nearly unbelievable amount of prayers behind me.
The judge called for some law books to answer some questions he had and they were some that Cepe10 had quoted and some that I had found in appeal cases. I had the information the judge asked for, but fortunately for me the officer tried quoting from a piece of paper the statute that he cited me under. The judge did not seem to please and asked him again what the facts were. I got the message and pushed my papers back under my file. I had realized that there are two parts to the issue. One is the judgement the officer makes as to what was violated and the the other is the facts that support that judgement. Since the officers claimed only that I had spun my wheels because they heard it (there was a car between the two officers car and my pickup truck) and my witnesses claimed that at no time did they feel they were in jeopardy, the judge ruled that even if I had spun my wheels, it still did not meet the test that would lead to a conviction of reckless driving.
Thank you for this site and again Cepe10 thanks for the comments. ben
 

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