Reckless Driving in open parking lot

[J.L.S]

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

It just started raining last night.I pulled in to wal-mart in open parking lot and turned around and a spun my tires and they charge me with reckless driving. Is this a false charge

 

[CdwJava]

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

It just started raining last night.I pulled in to wal-mart in open parking lot and turned around and a spun my tires and they charge me with reckless driving. Is this a false charge

What state was this in?

What statute were you cited for violating?

What time of day or night was it?

And did you light 'em up, or simply "chirp" the tires for an instant?

 

[racer72]

Is this a false charge

Nope, it's real, very real.

 

[davidmcbeth3]

Search out your state's laws concerning the enforcement of traffic laws on private property. Many states require a contract be filed , recorder of deeds is the usual holder of the contract, if one is required.

Its an effective affirmative defense.

 

[HomeGuru]

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

It just started raining last night.I pulled in to wal-mart in open parking lot and turned around and a spun my tires and they charge me with reckless driving. Is this a false charge

**A: I believe you have down played your part. I would like to hear the cops side of the story.

 

[CdwJava]

Search out your state's laws concerning the enforcement of traffic laws on private property. Many states require a contract be filed , recorder of deeds is the usual holder of the contract, if one is required.

Its an effective affirmative defense.

Maybe ... but, very often, reckless acts can be charged on private property that is publicly accessible in much the same way as DUI can - even without such a contract.

That's why the specific statute is important. In my state there is different reckless driving offenses for public and for private property, and the elements are slightly different.

 

[FlyingRon]

Yes, it's purely conjecture without knowing the state and charge.

 

[J.L.S]

What state was this in? NC

What statute were you cited for violating? Marion

What time of day or night was it? night

And did you light 'em up, or simply "chirp" the tires for an instant? it was raining and it a chirp

 

[CdwJava]

What state was this in? NC

What statute were you cited for violating? Marion

What time of day or night was it? night

And did you light 'em up, or simply "chirp" the tires for an instant? it was raining and it a chirp

The "statute" is the code section you were charged with. That should be a series of numbers.

 

[J.L.S]

oh oops sorry read it wrong
here i hope this right

§ 20‑140. Reckless driving.

 

[CdwJava]

Here is the section:

§ 20‑140. Reckless driving.
(a) Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving.
(b) Any person who drives any vehicle upon a highway or any public vehicular area without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving.
(c) Repealed by Session Laws 1983, c. 435, s. 23.
(d) Reckless driving as defined in subsections (a) and (b) is a Class 2 misdemeanor.
(e) Repealed by Session Laws 1983, c. 435, s. 23.
(f) A person is guilty of the Class 2 misdemeanor of reckless driving if the person drives a commercial motor vehicle carrying a load that is subject to the permit requirements of G.S. 20‑119 upon a highway or any public vehicular area either:
(1) Carelessly and heedlessly in willful or wanton disregard of the rights or safety of others; or
(2) Without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property. (1937, c. 407, s. 102; 1957, c. 1368, s. 1; 1959, c. 1264, s. 8; 1973, c. 1330, s. 3; 1979, c. 903, ss. 7, 8; 1981, c. 412, s. 4; c. 466, s. 7; c. 747, s. 66; 1983, c. 435, s. 23; 1985, c. 764, s. 28; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1993, c. 539, s. 365; 1994, Ex. Sess., c. 24, s. 14(c); 2000‑109, s. 7(b).)​

The state must meet the elements above. With the lack of details provided, we can't say how easy that might be. Your attorney can obtain the police reports and see whether or not there is a chance for a defense.