Reckless driving due to failure to stop at a stop sign?

[charliethehua]

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

Hi, i got a reckless driving ticket due to failure to stop at a stop sign, i am looking to fight this, first the officer's car was parked far the stop sign, and this is clearly not a reckless driving ticket, what do you guys think?

 

[Just Blue]

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

Hi, i got a reckless driving ticket due to failure to stop at a stop sign, i am looking to fight this, first the officer's car was parked far the stop sign, and this is clearly not a reckless driving ticket, what do you guys think?

If one doesn't stop at a Stop Sign then I would consider this reckless driving.

 

[HighwayMan]

Where did this occur? Meaning what court is adjudicating the case?

Reckless driving can cover many different things. Did you read the statute? Do you know what reckless driving is, legally?

For your information, here is the statute you were charged with:

§ 1212. Reckless driving. Reckless driving shall mean driving or using
any motor vehicle, motorcycle or any other vehicle propelled by any
power other than muscular power or any appliance or accessory thereof in
a manner which unreasonably interferes with the free and proper use of
the public highway, or unreasonably endangers users of the public
highway. Reckless driving is prohibited. Every person violating this
provision shall be guilty of a misdemeanor.

By this definition failure to stop at a stop sign could certainly be considered reckless driving.

If you answer my first question maybe I would be able to provide more insight.

 

[HighwayMan]

first the officer's car was parked far the stop sign...

So... far enough away that he couldn't see you? Sure, that's believable. Good luck with that in court.

 

[charliethehua]

Where did this occur? Meaning what court is adjudicating the case?

Reckless driving can cover many different things. Did you read the statute? Do you know what reckless driving is, legally?

For your information, here is the statute you were charged with:

§ 1212. Reckless driving. Reckless driving shall mean driving or using
any motor vehicle, motorcycle or any other vehicle propelled by any
power other than muscular power or any appliance or accessory thereof in
a manner which unreasonably interferes with the free and proper use of
the public highway, or unreasonably endangers users of the public
highway. Reckless driving is prohibited. Every person violating this
provision shall be guilty of a misdemeanor.

By this definition failure to stop at a stop sign could certainly be considered reckless driving.

If you answer my first question maybe I would be able to provide more insight.

it happened in New York City, and it's being held at the criminal court, i looked up DMV site, there's a violation for failure to stop at the stop sign, i just don't get why i was the reckless driving ticket...

 

[charliethehua]

If one doesn't stop at a Stop Sign then I would consider this reckless driving.

i did stop by the stop line, and crept through the stop sign

 

[HighwayMan]

Ah, NYC. Which borough?

Honestly, you're probably better off this way. You'll probably end up with a plea to a non-specific administrative code violation.

When is your first court appearance?

 

[HighwayMan]

i did stop by the stop line, and crept through the stop sign

They all say that, by the way.