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Reckless Driving

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Stuberch

Guest
What is the name of your state? KY

I was recently pulled over arnd arrested for what the officer called Reckless Driving. The citation states that I was traveling at a high rate of speed around a curve. The officer was coming in the opposite direction and was on a straight away section. If I crossed left of center it was no more than a foot, but I was more than 25 yds from the Officer at the time. The officer thought I was swerving to hit him and arrested me. On the citation he notes that I was going around 30 mph(<- this is my high rate of speed....) in a 25 mph zone. He cited me with KRS 189.290 (Kentucky Revised Statue -Operator of Vehicle to Drive Carefully). When I got to the station, the transporting officer told me to plead not guilty to the charge, and told me that it was crap. What should I do?
 
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Bravo8

Member
You are traveling at 30 mph, or 158,400 feet an hour.

This equates to 44 feet per second.

You state you were approximately 25 yards from the officer when you crossed the line. 25 yards equals 75 feet.

At this speed, you would travel 75 feet in 1.70 seconds.

The average response time for a human is 1.50 seconds (it takes your brain .75 seconds to perceive a threat and .75 seconds for your brain to cause a reaction, i.e. swerving out of the opposing lane).

Talk about a close call, eh?

The other officer told you it was crap? He probably meant the crap in the arresting officer's pants from you almost hitting him.

I can't tell you what to do. You have the right to a hearing. I think, based upon the above mathematical example, I could articulate why your operation was unsafe.
 
S

Stuberch

Guest
a correction to my earlier post. The officer was 25 yds from me by the time I had corrected and was on the straight-away portion of the road. I hypothesize that the officer may have seen me on the turn and thought that I was not going to correct my steering to adjust for the curve. At that point he over-reacted and did a U-turn in the grass. It is possible that based on his veiw point, on the straight section of road, he may have thought that I was left of center. I saw the Officer swerve off the road in my rear veiw mirror, but his reaction (swerving off the road) to the situation was unwarranted. Do you think that this situation should have resulted in an arrest?
 

racer72

Senior Member
You are making assumptions, not telling the facts. The word assume is a dirivitive of the word assumption. And we all know what happens when you assume something. You make an ASS out of U and ME. Come back with the facts, not hypothoseeze.
 
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Stuberch

Guest
Racer, we've all heard the line about making assumptions (make an ASS out of U and ME.. You wanted the facts, well here they are sorted from the assuptions.

Fact: It was a busy night in the College town I live in. The college football team had won it's game, and people were out celebrating.
Fact I was arrested about an hour after the Bars closed.
Fact: I was not intoxicated, nor did I have anything to drink.

Fact:The officer was about 25 yds from me by the time I had corrected and was on the straight-away portion of the road.

Hypothesis: the officer may have seen me on the turn and thought that I was not going to correct my steering to adjust for the curve. (it's a hypothesis, because it's one of many things that could've occurred)

Fact: he did a U-turn in the grass.

assumption: It is possible that based on his veiw point, on the straight section of road, he may have thought that I was left of center.

Fact: I saw the Officer swerve off the road in my rear veiw mirror, but his reaction (swerving off the road) to the situation was unwarranted.


This situation ended with an arrest. Do you think that given the circumstances of another oncoming vehicle there would've been an arrest? I've known people that have hit other cars, been in accidents with pedestrians, and even ran themselves off the road into non moving objects, these people only suffered from a citation.. Which, I would've gratefully taken over spending a night in the hold with 15 other criminals.
 

Bravo8

Member
Obviously in Kentucky, the offense of Reckless Driving is arrestable. Here in Pa, it is not.

I think I understand what you meant about the 25 yards. You had already passed the officer and you think he may have observed you in his mirror...is tha correct? Your first post made me think that you were heading toward the officer.

I fail to see what your little disertation on not drinking has to do with anything.

Do I think you should have been arrested? Yes if it's an arrestable offense in Kentucky. No if it doesn't meet the elements of the offense. Take a hearing if you like, it is your right.
 
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Stuberch

Guest
As an update....

I have finished with this case. I went to court on my specified court date, met with my lawyer, who subsequently met with the prosecuter and the judge. The case was dismissed. The prosecuter admitted that the arresting officer was out of control. (out of control, meaning that he apparently arrests persons without reason). They [my Lawyer along with the prosecuter] suggested that I have administravie sanctions placed upon him [the arresting officer]. I'm not sure why the case was thrown out, but I'm sure it has something to do with a lack of evidence on his part, or evidence that proves that I was not driving reckless, or may have to deal with the fact that I was denied due process. my rights were never read to me, nor was I told why I was being arrested. I only knew because I overheard him on his radio announce that he needed a transport to pick me up for my alleged "class 1 reckless driving". Anyway.. I'll see him in court for a civil suit...:D
 
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lauras2u

Member
Just a suggestion.

I certainly wouldn't go to court and say i was a foot over the line. He didn't ticket you for it so make him say that is why he pulled you over. Is there video in the police car?
 
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Stuberch

Guest
In the area where I'm attending school at in Kentucky, all of the cruisers are equiped with video cameras and recorders. I'm not sure if the city has purchased the same equipment for it's K9 units. I was pulled over by a k9 officer, so I don't know whether or not it was on video. I've been told, but I don't know for sure, but it's my understanding that the officer must start and stop the recording, so if that's the case... the incident probably would not have been captured on film. In light of the whole subject the case was dismissed, so I can have a motion made for expungement after the law suit, and have my records sealed.
 

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