Reckless driving

[ProjectRipCity]

Re: Reckless driving

Usually states, counties and cities that have severe speeding penalities is because over the years a lot of cops or road construction workers been either hit or killed by speeders in their area. So therefore they crack the whip HARD.

I remember a couple of summers ago in Indiana this 19 year old kid was doing 140mph in a 35mph zone. Why ? Because he was at his girlfriend house getting busy and looked at the clock and seen he was going to be late for curfew.

Boy ended up hitting a pothole, car went airborne and hit 6 cars, including a state trooper car., ended up killing this mom and her 6 month old baby.

Needless to say Indiana cracked down HARD on speeders after that.

Alright, going a hundred over just makes me sick. I always laughed at kids that drifted in my school parking lot at night, because you know they are gonna get caught.

That is really unfortunate.

I haven't even gotten up to 100 O_o

[mgoblue]

Re: Reckless driving

Get a lawyer...this isn't just a ticket, it's a misdemeanor

I'd think a decent lawyer should be able to get it dropped to something a little less serious.

[KG]

Re: Reckless driving

Usually states, counties and cities that have severe speeding penalities is because over the years a lot of cops or road construction workers been either hit or killed by speeders in their area. So therefore they crack the whip HARD.

I remember a couple of summers ago in Indiana this 19 year old kid was doing 140mph in a 35mph zone. Why ? Because he was at his girlfriend house getting busy and looked at the clock and seen he was going to be late for curfew.

Boy ended up hitting a pothole, car went airborne and hit 6 cars, including a state trooper car., ended up killing this mom and her 6 month old baby.

Needless to say Indiana cracked down HARD on speeders after that.

VA has them because they bring in more $ and the lawyers love it.

It's also mandatory that you have to show up for court.

[Koolie G]

Re: Reckless driving

Call the DA's office and ask to speak to the prosecutor that will be handling your case. Tell him your story and see if your clean record will help you out. In my town we have a diversion program for people in your position. However, since this is considered an actual criminal offense and not a traffic violation, you may need to consult an attorney if the DA doesn't give you any suggestions that you can live with. It never hurts to call or go to their office and talk to them face to face and see if there is anything you could do other than plea guilty.

[ANDROMADA 1]

Re: Reckless driving

Just got my first ticket today.

Was booked going 56/35. In Va. that's reckless driving which also happens to be a class 1 misdemeanor (same level as a DUI). Right now I'm looking at a possible fine of 2,500, 6 points on my license and a permanent criminal record.

For the OS attorneys out there, how do I plea this down to 19 over? I was very polite, its my first ticket, and the road switched from 35/45 when you cross over county lines.

I'm not an attorney, nor can I give legal advice. However if I were you I would ask for a "verified" complaint. If the court has not filed a "verified" complaint then the have not officially initiated judicial process in a "judicial" power court. NEVER, EVER ENTER A PLEA with out a "verified" complaint. Which can only be signed by the "city" or County Attorney".

A unifor traffic citation is NEVER a VERIFIED complaint. You need to bring this up ASAP. And challenge it in the record by simply stating that

"you object" and will only plea once you have the proper information on file. They will tell you that the speeding ticket is good enough to be a complaint. You will then object again. Then when the judge says he will enter a plea for you, object to that as well. You tell the judge while descussing trial strategy. You ask for the witnesses(the police officer) to leave the court room. You then tell the judge since he says that you ticket is a verified complaint and that according to the Law that you cannot be a witness and prosecutor in your own case and as for immediate dismissal.

Furtheremore they must find you to be in Violation of A "duly" enacted Traffic Statute And Implementing Regulation. Hint, Hint, (They Never have this evidence on file b/c it does not exist)

Lastly and I know this is hard to believe but Posted speed Limits Do NOT apply to the General public.

P.S. Don't take my word for it though, I've only been studying law for about 18 years. If you learn legal procedure you can win your case. Just dont argue the merits.

P.P.S.You must also challenge them on "subject-matter" jurisdiction. Send me a PM if you want more info, transcripts, winning court cases ect.

You will have to go to court but it is worth it.

[ANDROMADA 1]

Re: Reckless driving

Call the DA's office and ask to speak to the prosecutor that will be handling your case. Tell him your story and see if your clean record will help you out. In my town we have a diversion program for people in your position. However, since this is considered an actual criminal offense and not a traffic violation, you may need to consult an attorney if the DA doesn't give you any suggestions that you can live with. It never hurts to call or go to their office and talk to them face to face and see if there is anything you could do other than plea guilty.

No, its not. If its a criminal offense the DA has to show that the initiation of the "alleged" crime follows the Rules of Criminal procedure, which it does not. There are only types of cases, civil, or criminal. They both have their own set of rules that must be followed by state actors. It is our job to enforce the Rules/Law.

[Gotmadskillzson]

Re: Reckless driving

All this legal talk reminds me of JAG. Good stuff

[TheGamingChef]

Re: Reckless driving

Lastly and I know this is hard to believe but Posted speed Limits Do NOT apply to the General public.

Say whaa??

Your advice seems very procedurally based which could succeed or also horribly backfire and cause more problems.... and I think the latter is more likely.

[Buckeyes_Doc]

Re: Reckless driving

Say whaa??

Your advice seems very procedurally based which could succeed or also horribly backfire and cause more problems.... and I think the latter is more likely.

Yea, I'm confused on that as well. Who do they apply to then?

[ANDROMADA 1]

Re: Reckless driving

As a matter of fact Your "due Process" rights are being Violated Linty!!

The State can Not pick and chose regs. They MUST follow the Annotated Statutes and Regulations. They Never do. You would be suprised how many people go to court and don't know how to defend their rights. I remember when I received a traffic ticket about ten years ago. I told the court these very things. He got pissed b/c I knew the law. The conversation went something like this.

Court: Mr. you were doing blah, blah blah,. You can plead guilty, no contest, not guilty etc.

Me: *hits voice recorder* " I would like to see a copy of the verified complaint on file."

Court: Mr___ the ticket is your complaint. blah,blah,blah. If you dont enter a plea, I'll enter one for you.

Me: *while recording* "I object. How do you expect me to enter a plea when there isnt even any evidence of an actual judicial process being presented of which I can rebutt and challenge to make sure the information is accurate, complete, tiomely and relevant? I don't think this follows the rules of Civil or criminal procedure does it?

Court:*mumbles in back office* then a court manager comes out and appologizes and tells me "Mr'___ just go into the court room and we'll be right with you.

long story short is out of about 300 people in that Bexar County Court room I was the ONLY ONE that DID NOT ENTER a PLEA.

The judge started with the usual ramblings and then said the magic words....."Are there any questions?"

Again out of 300 people I was the only one that stood up hit my recorder and asked the judge if "this is a Court of Record?

Silence ensued. Then after a few head nods and winks I was told that I didn't need to be there and that they would drop the case and get me out of there ASAP. I remember afterward they DA smiled and said. Did we get you taken care of? I smiled and said yes as I went about my business as usual.

[TheGamingChef]

Re: Reckless driving

Like I said earlier I would not be at ALL surprised if that procedural dance did not work nearly as well for Lintyfresh. This is Virginia, not San Antonio. I would imagine that some judges wouldn't take him being "cute" too well.

I would recommend contacting a lawyer rather than attempting to handle this yourself.

[ANDROMADA 1]

Re: Reckless driving

Say whaa??

Your advice seems very procedurally based which could succeed or also horribly backfire and cause more problems.... and I think the latter is more likely.

grettings kind sir.

It is not advice, only educational information. My info is based on the constitution, due process, and proper legal procedure. it is my specialty.

BTW I wouldn't expect you or anybody else to believe me. All you have to do is a Open records request for your state and word something like this...

Open Records Request

Please send me a Verified copy of the duly enacted Statute and implementing State regulation that requires me to comply with the state posted speed limits.

Best regards

Joe CHMOE

[ANDROMADA 1]

Re: Reckless driving

Yea, I'm confused on that as well. Who do they apply to then?

That is a great question. The answer will suprise you. Hint, hint, it is not for the average person driving their SUV, sports car etc. It is written for a Specific class of persons, doing a Specific class of activities. Those class of persons are the ones to whom the traffic laws of your state apply. In Texas the traffics laws apply to "operators".

Here is another hint. You have to "qualify" to be an "operator" Drving your car around on the roads doesn't make you an operator.

The courts have also ruled that the phrase "Any Person" as written in statutes and regulations does not apply to everyone specifically and it can be challenged through the judicial system.

[ANDROMADA 1]

Re: Reckless driving

Like I said earlier I would not be at ALL surprised if that procedural dance did not work nearly as well for Lintyfresh. This is Virginia, not San Antonio. I would imagine that some judges wouldn't take him being "cute" too well.

I would recommend contacting a lawyer rather than attempting to handle this yourself.

It doesnt matter what the judge thinks. He is bound by oath to uphold and defend the constitution. This applys to every state. I would recommend learning your rights and reading the constitution and understand its meaning.

[Lintyfresh85]

Re: Reckless driving

ANDROMADA, while I'm sure you're 100% right, I think I'm going to play it safe and hire an attorney to take care the of the process. I don't trust myself to pull off all the legal jargon that would be needed to talk my way out of it.