| Wreckless Driving for 40 in a 35?
Los Angeles, CA
My girlfriend recieved a Reckless Driving Ticket and I want to know the legitimacy of fighting this ticket. Here are the details:
First off, I was in the car with her. We were having a mild argument, relationship stuff, and her driving became subtly erratic, that is, not Reckless. The actual even that occurred was, we were on Figueroa - the street that the Staples Center is on - down the street closer to The University of Southern California, when, needing to make a U-turn, she signaled and made a quick left turn into the parking lot of a motel. She pulled in and hit the brakes - not the accelerator. She made a 3-point turn in the parking lot and turned back onto Figueroa going the other way. She made the next right turn and that was when she got pulled over by two motorcycle cops.
Now, first off, the ticket sights the offense as Reckless Driving and a in the “vehicle speed” section the office wrote 40 in 35. These seem to be two different citations, or, he declared reckless driving for going 40 in 35?
The fact is, he must be talking about the parking lot, and as I said above, she “hit the brakes” only. The short distance she went into the parking lot would not allow her to have reached 40, especially since she was stopping. To my knowledge they could not have used a radar gun, and it did not indicate how they determined speed – my assumption is that it was purely speculation. Also, they must have been driving coming form either direction on Figueroa, if they site the main offense as being in the parking lot, that isn’t possible because the way the lot driveway is situated between the motel and a restaurant, they would not have been able to see her from the street.
Furthermore, the officer said that she could have “hit someone, or a vehicle”; however, disregarding that fact that she was not speeding nor driving recklessly, there was no one around, and the area in which she did a 3-point turn was wide open. She did not come close to any of the parked vehicles.
The officers were also very aggressive. One told me I could go because I was late to a class and the other tried to stop me by putting me in an arm lock, then telling me I could not “flee”, as he put it. That whole issue got worked out however they issued the ticket, and sited verbally that she sped in and out of the lot - impossible for her car, a 1989 Toyota Corolla - and threatened the live of innocent by standers and property – no one was around and she followed all traffic laws, except she accelerated out of the parking lot onto Figueroa to match traffic.
I do not know what evidence she would need, or how effective I can be as a witness. I do not know what evidence the officers have – speed gun or video – nor how to find out what they have. I would like to see the report, if there is one. I would also like to know if it is better to plead guilty just because “ the Man” always wins, or if we really have a case. I honestly believe that the ticket is bogus and appreciate all help. Thanks in advance.  | 
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