Reckless Driving to Endanger

[KenKramer]

What is the name of your state? North Carolina

I got pulled over by a State Trooper on Saturday Sept 29th at 915 AM. The weather was clear, light traffic.

The trooper who pulled me over was awesome. The type of guy you would actually invite over to watch the game with type. However he issued me a reckless driving ticket, mandatory court appearance.

The ticket says, without due caution and circumspection to endanger persons or property.

I am 28 and have not had any speeding tickets since 2002. I signal all my turns, lane changes. I do not swerve, bob and weave in traffic nor do I cut people off.

I was speeding. Doing roughly 68 in a 55, but was not charged with that. Which I could have been and then life would have been really crappy for me because that is mandatory jailtime (30-60 days).

I guess what I am asking is, if I show up to court using the tips I have seen here (seniorjudges courtroom appearance) tips, if I truley believe I was not reckless driving, how do I present to the court just that and be taken seriously. I was speeding like I mentioned before, but I will not admit to that unless a plea bargain.

I know it is innocent until proven guilty, but it seems almost opposite in traffic related offences. Any comments are welcomed.

[FlyingRon]

Originally Posted by KenKramer

The trooper who pulled me over was awesome. The type of guy you would actually invite over to watch the game with type. However he issued me a reckless driving ticket, mandatory court appearance.

Most cops are nice guys.

I was speeding. Doing roughly 68 in a 55, but was not charged with that. Which I could have been and then life would have been really crappy for me because that is mandatory jailtime (30-60 days).

Excessive speed is clause (b) of the Reckless Statute. It's a class 2 misdemeanor. 15 over the speed limit would also be. If roughly 68 is in actuality 70, you're facing the same penalty either way.

I know it is innocent until proven guilty, but it seems almost opposite in traffic related offences. Any comments are welcomed.

The "proof" will be that a trained and commissioned law enforcement officer witnessed your illegal activity. It's no different than if a cop saw me strangle someone to death. He'll testify, I'll fry.

I don't advocate messing around with misdemeanors that have possible jail time associated with them. Get a lawyer.

You do NOT plea bargain with a judge. You plea bargain with the prosecutor. Even if you are let off with a fine, a license suspension is highly likely.

[KenKramer]

[quote=FlyingRon;1766387]
Excessive speed is clause (b) of the Reckless Statute. It's a class 2 misdemeanor. 15 over the speed limit would also be. If roughly 68 is in actuality 70, you're facing the same penalty either way.
QUOTE]

But I wasn't charged with speeding, so they can not tack that on, correct?

[The Occultist]

They can still tack on speeding if they wanted to. They probably won't, but they could.

[lwpat]

Reckless driving is a serious charge and your insurance will go sky high. You need to retain an attorney. There are probably about 50 letters in your mail box right now.

[FlyingRon]

If they are using the excessive speed as justification for the reckless driving charge, no they can't tack it on. If you were doing something reckless AND speeding as well, then they might.

[KenKramer]

Well I had court today. I got there about 30 minutes early, waited until 915 until the ADA showed up. She asked for all people who were pleading guilty to form a line on the right side of the court and went through us one-by-one.

She got to me, asked my name and asked if I still wanted to plead guilty. I said yes, then she asked if I wanted a reduction.

Yes ma'am!!!

She amended my reckless down to a unsafe movement. 1 license point and no insurance points.

Court cost was $145.

Man was I lucky...