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Careless Driving Instead of Speeding

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ask7

Junior Member
What is the name of your state? New Jersey.
I was respectfully following a caravan of three police cars which included a canine unit, for almost two miles. Going down a big hill, I passed them.
I was stopped because I exceeded the speed limit, and given a careless driving ticket, because (according the officer) I didn't show them respect, seeing they were not local, but rather county and out of town cops.
The statute says: "A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving."
Every action I took was filled with care, so I want to fight this.
Does anyone have case law to support my defense, that I was issued a summons for something I did not do? State v Lutz 309 N.J. Super. 317, State v. Wenzel, and State v. Wenzel are a little too accident related.
Any and all suggestions at all would be appreciated.What is the name of your state?
 


DaveInPhx

Member
Not related to your question, but why on earth would you exceed the speed limit to pass a cop?

Anyway, this is a bogus ticket. Reckless driving violations are generally reserved for intentionally endangering other drivers or gross negligence. The wording of the statute requires the cop to prove you were driving in a careless manner (e.g. not paying attention) and speeding doesn't necessarily equate to "careless" driving. I would question the cop about his perception of your driving habits and to have him describe them and why he believes what he observed demonstrates that you weren't paying attention. I would also argue that the offense the officer claims you committed has more relevant laws pertaining to it. In other words, why are there speeding laws on the books if all speeding violations (or any other traffic violations, for that matter) can just be cited as a reckless driving violations?
 

DaveInPhx

Member
Couldn't the cops argue though, if its 3 cops vs his word, wouldn't that be semi difficult to fight?
One cop can't testify as to what what the others witnessed so all 3 would have to be there for it to be 3 against one. No way are all three cops going to show up for a bogus speeding citation trial.
 

The Occultist

Senior Member
Dave, you are mistaken: intent is not an element of careless driving. The very word "careless" should make that clear.

Edit: Dave, I just reread your post. You are talking about reckless driving, but the OP was cited for careless driving.
 

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