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reckless driving ticket

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mihlfeldl2005

Junior Member
What is the name of your state (only U.S. law)? Michigan

Well here's the story,

I pulled out of where I was on my motorcycle, I drive down the road and I will completely admit that I was speeding. I was doing about 65 in a 55 and the state trooper immediately pulled out after me. He started following me and I didn't realize it, so as I got down the road I knew the area and it was wide open on both sides. There were no cars in sight and I was the only vehicle on the road, I laid on the throttle and hit a top speed of 145 mph. I realized the officer was behind me and I immediately pulled over to the side of the road, I shut my bike off. And made my hands completely visible. I followed the officers instructions completely. Took the key out of my bike, removed my helmet. When asked to get my license and insurance, I asked permission to step off my bike and remove my helmet. I followed everything he said and asked what was going to happen from this point.

He explained that my bike was going to be towed and that it would be impounded, I was going to be receiving a ticket, and that if I was going to get an attitude about anything I would be taken to jail. I was sincere to the officer and respectful when discussing everything.

The officer came back to me out of his car and presented me with a ticket, I discussed the ticket with him and he stated that he was writing me a ticket for reckless driving 130+ mph in a 55. And that I would receive notification from the courts on what is going to happen next and that I need to respond to that when I do get it.

Here are the questions I have.

Why would it be considered reckless driving even though I was the only vehicle on the road?
Wouldn't it be considered careless driving?

what're the consequences of something like this?

Would it be worth it to try and fight this ticket?

What would be the best step to take next?

Oh and even better yet, I'm in the michigan national guard and the officer is the command sergeant major of the calvary division. Perfect...
 


You Are Guilty

Senior Member
145 on a public road, even if you were the only person in the state, is pretty much the definition of "reckless". Best bet is to retain a lawyer who can minimize the damage this is going to do to your license & insurance.

Good luck, and slow down.
 

I_Got_Banned

Senior Member
Why would it be considered reckless driving even though I was the only vehicle on the road?
Wouldn't it be considered careless driving?

what're the consequences of something like this?

Would it be worth it to try and fight this ticket?

What would be the best step to take next?

Oh and even better yet, I'm in the michigan national guard and the officer is the command sergeant major of the calvary division. Perfect...
Reckless:
257.626 Reckless driving on highway, frozen public lake, or parking place; violation as misdemeanor; penalty.
Sec. 626.

(1) A person who violates this section is guilty of reckless driving punishable as provided in this section.

(2) Except as otherwise provided in this section, a person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.


(3) Beginning October 31, 2010, a person who operates a vehicle in violation of subsection (2) and by the operation of that vehicle causes serious impairment of a body function to another person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.

(4) Beginning October 31, 2010, a person who operates a vehicle in violation of subsection (2) and by the operation of that vehicle causes the death of another person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.

(5) In a prosecution under subsection (4), the jury shall not be instructed regarding the crime of moving violation causing death.​

Careless:

257.626b Careless or negligent operation of vehicle as civil infraction.
Sec. 626b.

A person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public including an area designated for the parking of vehicles in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness, is responsible for a civil infraction.​

So you were reckless -i.e. not simply careless- because it had to have taken you a bit of time longer to get to 145mph (exceed the 55mph limit by 90mph (almost TRIPLED THE LIMIT))... And yet you continued on (probably until you saw lights flashing behind you) before you even started to slow down.

So while careless might require a showing of negligence for a brief moment of time (after which you might feel an "oops, I better slow down"), reckless would require a gross, intentional and continued negligence and a disregard for the safety of persons or property... Which is likely easy to show in this case!

The consequences you asked about are also listed in the related reckless statute but just keep in mind that the "not more than $500" you there probably does not include penalties/assessments/court costs... etc (or attorney's fees -if you choose to hire one AND YOU SHOULD. So you may be looking at multiples of the $500 in addition to a possible jail sentence as well.
 

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