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This shouldn't be reckless

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nacht

Junior Member
What is the name of your state? Virginia

I was attempting to make a U-turn (there was no turn lane) and I put on my turn signal. Then I felt that the turn was too tight for my SUV so I moved slightly to the right. Now, having given myself more space, I proceeded to turn. Unfortunately, another motorist, who was in my blind spot, mistook my intentions and proceeded to pass. He then hit my rear passenger door with his front right bumper. Little damage was done to either vehicle do to the low speed of the incident.

The officer then proceeded to issue me a citation for "reckless driving: failure to yield (6 pts)." I feel that this charge is blatantly out of proportion, and that the lesser failure to yield (3 pts) charge is more appropriate.

I was not personally aware that a failure to yield could even constitute reckless under such circumstances, as it was more improper than reckless in nature.
 


seniorjudge

Senior Member
Here is one fact situation which would constitute reckless driving: "...I was attempting to make a U-turn (there was no turn lane) and I put on my turn signal. Then I felt that the turn was too tight for my SUV so I moved slightly to the right. Now, having given myself more space, I proceeded to turn. Unfortunately, another motorist, who was in my blind spot, mistook my intentions and proceeded to pass. He then hit my rear passenger door with his front right bumper. Little damage was done to either vehicle do to the low speed of the incident...."
 

FlyingRon

Senior Member
Well, first off Reckless Driving Failure to Yield is 46.2-863 (is that what you are charged with?) only deals with entering the highway from a side road.

Now you might be guilty of one of the other reckless citations 46.2-860 (failure to signal).

This charge is nothing to sneeze at. It could result in jail time in some circumstances. You should see a lawyer in the jurisdiction in which you were charged. In all likelihood if your driving record is clean, you can plead it down to a lesser offense if you complete a day of driver's school (which you can do online even if you are over 20).
 

nacht

Junior Member
I by no means swerved, ie I never left the left lane, I only made a slight movement to the right to make room for the turn. My key question is whether or not this would constitute reckless.

The officer said he cited me for reckless but the summons only says "failure to yield" an offense which I understand to be far less than the Class 1 misdemeanor, reckless driving. I suppose they could place it in the devious "catch-all" Reckless Driving: General, but that just sounds disproportionate.
 

Zigner

Senior Member, Non-Attorney
I by no means swerved, ie I never left the left lane, I only made a slight movement to the right to make room for the turn. My key question is whether or not this would constitute reckless.

The officer said he cited me for reckless but the summons only says "failure to yield" an offense which I understand to be far less than the Class 1 misdemeanor, reckless driving. I suppose they could place it in the devious "catch-all" Reckless Driving: General, but that just sounds disproportionate.
If you moved "slightly" you would not have been involved in an accident. You must have moved AT LEAST 6-7 feet (the width of your vehicle). Otherwise, how could that other car have come up on your left side?
 

nacht

Junior Member
The car never "came" up to my left side, he only hit my left side after I began to turn. I acknowledge, fully, that I am at fault. My question is, whether, in a strictly legal sense, this infraction should be considered reckless. Simply put is a violation of Virginia Code 46.2-846 enough to, under no additional infractions, warrant a charge of reckless driving?

I would like to know the exact parameters of reckless driving: general. Could this be reduced, within reason, to improper driving?
 
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