Reckless driving because “I saw” how fast you were going

[untappedguru]

Hi All,
Lurked for ages, forgive me my first post is about ranting …
I get right to it
Got pulled over this evening, office says I saw how fast you were going, he didn’t get me on speed trap or anything, say he has been doing this for 20yrs and can tell how fast a car is going by just looking at it. I said okay, figured point trying to make my case. Office has made up his mind and is gonna give it to me.
Nway he gets my DL walks away, comes back with sign this I got you for reckless driving.
Is this legal?
My side of the story …. Off course I wasn’t driving reckless I was going with traffic
I intend to fight this ticket, this is ludicrous!!!

Thanks for your input, and if anyone knows a good lawyer in Northern VA, that would be very helpful.

[rdollie]

Oy, definitely get a lawyer and sign NOTHING until then! I'm not a lawyer but I imagine it may be helpful to have an idea of how fast you think you were going, whether your estimate was based on your speedometer, and what the prevailing local traffic speed was at the time. Hopefully in your case the first item doesn't meet the legal definition for reckless driving.

I'm almost afraid to ask - did the officer pressure/intimidate you into actually signing on the spot?

[BeamingE39]

Easy case, provided you weren't weaving and bobbing with traffic and you weren't doing like 100+

[kmarei]

i've been doing this for over 20 years
but "I see" this cop's an asshole
is that admissable in court?

[tjsabec]

What is it with this forum and people's inability to type proper English?

OP: If you appeal the ticket and go before a magistrate (this is how speeding tickets are handled in Pennsylvania) the officer will have to prove his charge. Claims such as "doing this for 20yrs and can tell how fast a car is going by just looking at it" will not hold up in a court of law.

I personally would not waste money on a lawyer in this situation. I would also ensure that I didn't say anything incriminating when discussing the charge. An example would be that you don't remember how fast you were going exactly but you do typically follow posted speed limits.

[BlueMonde]

Originally Posted by NAForever

Easy case, provided you weren't weaving and bobbing with traffic and you weren't doing like 100

1
If a speed detector wasn't present and you get a lawyer you should be able to win this case, they are not buying the story " I've doing this for 20 yrs and I don't need a speed detector" that could get you out of the "speed ticket"
Just my .02 cents

[Bimmer Freeeek!]

Originally Posted by untappedguru

Hi All,
Lurked for ages, forgive me my first post is about ranting …
I get right to it
Got pulled over this evening, office says I saw how fast you were going, he didn’t get me on speed trap or anything, say he has been doing this for 20yrs and can tell how fast a car is going by just looking at it. I said okay, figured point trying to make my case. Office has made up his mind and is gonna give it to me.
Nway he gets my DL walks away, comes back with sign this I got you for reckless driving.
Is this legal?
My side of the story …. Off course I wasn’t driving reckless I was going with traffic
I intend to fight this ticket, this is ludicrous!!!

Thanks for your input, and if anyone knows a good lawyer in Northern VA, that would be very helpful.

I can't believe he actually said that to you - it sounds like the stereotypical cop line from a Western movie, acting like he's a cowboy sheriff. I can't imagine that such a methodology would uphold in court - even common sense dictates that the margin for error on that kind of judgment call is too large. Good luck getting this junk sorted out :/

[Dave07997S]

Originally Posted by untappedguru

Hi All,
Lurked for ages, forgive me my first post is about ranting …
I get right to it
Got pulled over this evening, office says I saw how fast you were going, he didn’t get me on speed trap or anything, say he has been doing this for 20yrs and can tell how fast a car is going by just looking at it. I said okay, figured point trying to make my case. Office has made up his mind and is gonna give it to me.
Nway he gets my DL walks away, comes back with sign this I got you for reckless driving.
Is this legal?
My side of the story …. Off course I wasn’t driving reckless I was going with traffic
I intend to fight this ticket, this is ludicrous!!!

Thanks for your input, and if anyone knows a good lawyer in Northern VA, that would be very helpful.

This will be plea bargained down to an infraction, but you probably won't be able to go to traffic school. At least something similar happened to me here in Commifornia, you can get a free public defender and probably get this reduced.

Dave

[THE TECH]

FYI, officers CAN be deemed to be able to judge speed without a radar or other device. I've been to court over it before. Judge certified that this specific officer was able to determine speed without any other aids.

[rye m3]

Originally Posted by tjsabec

What is it with this forum and people's inability to type proper English?

It's this forum.

Originally Posted by THE TECH

FYI, officers CAN be deemed to be able to judge speed without a radar or other device. I've been to court over it before. Judge certified that this specific officer was able to determine speed without any other aids.

Agreed. A cop is an "expert observer", qualified by the court. Their opinions are admissible as evidence.

[Dave07997S]

Originally Posted by rye m3

It's this forum.



Agreed. A cop is an "expert observer", qualified by the court. Their opinions are admissible as evidence.

This...however, I still think you can get it reduced to an infraction.

[Dreamz]

Northern VA? Let me guess, you got pulled over in Fairfax?

I'd get a lawyer.

[jeff@autocouture]

Well va is tough, it's a common wealth state, I have a good attorney down there who is good with traffic court, but reckless driving in va can land you in jail, no joke.... How fast we're you going?
There's a few things you you can do, if you want my attorneys information in va let me know, what court is it in?

[Powerslide]

Originally Posted by rye m3

It's this forum.

Agreed. A cop is an "expert observer", qualified by the court. Their opinions are admissible as evidence.

I am a lawyer - and my advice to you - get a lawyer who whose areas of specialty include traffic defense. The rules of evidence do not automatically qualify a cop as an expert simply because he/she is a cop - each expert witness needs to lay the proper evidentiary foundation as to not only their own specialized training, but also the bases for their opinions on a case by case basis.

Here - you are defending against a very serious charge - reckless driving - which a skilled lawyer under these facts could likely defeat - a nonlawyer, however, does not know the rules of evidence, the case law that determines what foundation the state or the police officer must first provide in order for their opinion to be admissible, etc. Etc.

It's your money my friend - and I wish you the best - in my opinion reckless driving is a serious enough charge to warrant the expense of hiring a lawyer... Good luck!

[Ateam]

isnt that a felony in some states? (seriously wondering) or just a misdemenor

[kmarei]

Originally Posted by Ateam

isnt that a felony in some states? (seriously wondering) or just a misdemenor

In VA, reckless drivers are treated the same as child rapists
It is a felony here in backward land (one of the few states where radar detectors are still illegal)
I'd know
I got reckless, then speeding, the back to reckless
First 2 tickets were in my Crossfire days
Impressive with only 215hp
My last reckless was 52 in a 25
I tried to claim I was dyslexic
But it didn't work

Judge knocked it down to speeding
Nice guy actually

[Ateam]

dude you need to learn your lesson! Its like your flopping back and forth between reckless and speeding. reason enough to not live in VA. How is dc in comparison? law wise

[Prince_of_Persia]

Originally Posted by tjsabec

OP: If you appeal the ticket and go before a magistrate (this is how speeding tickets are handled in Pennsylvania) the officer will have to prove his charge. Claims such as "doing this for 20yrs and can tell how fast a car is going by just looking at it" will not hold up in a court of law.

Wrong, officers can get train to estimate your speed, and it can holds against you at the court (unfortunately).

OP, sorry to hear that, just get a lawyer and let him deal with it IMO. If I were you, I would not sign anything except if I had to.

Good Luck!

[luis_m3]

Get a lawyer... he will tell you exactly what you're looking at after getting all the facts. And you might want to slow down... you live in Copland!

[BMWNTHZST]

Don't play games, get a lawyer. Reckless driving is a serious charge and if convicted comes with heavy points.

Assuming you were just going with the flow of traffic this cowboy cop needs to be put in his place.

Similar thing happened to me 2 years ago. I hired a lawyer and in the end I was charged with an improper lane change (slap on the wrist in comparison). I shouldn't have been charged with anything however the Judge had a hardon for convicting everyone who walked in her courtroom.

You should have seen the cops smug looking face as the charge was dropped, it was priceless.

My insurance never went up and in the end all was good.

Good luck with your case.

[untappedguru]

It seems like this could go either way … I am not taking any chances so I am getting a lawyer
I haven’t had a speeding ticket in over 8 years.

Paging Studntloan Lieutenant Colonel Can you please send me your lawyer infor … I can’t remember what court it’s in… don’t have the ticket with me. I cannot use PM function because of msg below
“Thank you for verifying your account. In order to use the PM system, you will have to have 5 posts under your belt and wait 24-48 hours after the 5th post before your account is upgraded."

Thanks again all …will let you know the update.

[Mr. ///M3 RD]

Originally Posted by Powerslide

I am a lawyer - and my advice to you - get a lawyer who whose areas of specialty include traffic defense. The rules of evidence do not automatically qualify a cop as an expert simply because he/she is a cop - each expert witness needs to lay the proper evidentiary foundation as to not only their own specialized training, but also the bases for their opinions on a case by case basis.

Here - you are defending against a very serious charge - reckless driving - which a skilled lawyer under these facts could likely defeat - a nonlawyer, however, does not know the rules of evidence, the case law that determines what foundation the state or the police officer must first provide in order for their opinion to be admissible, etc. Etc.

It's your money my friend - and I wish you the best - in my opinion reckless driving is a serious enough charge to warrant the expense of hiring a lawyer... Good luck!

This ^^^ plain and simple ...

To cheer you up read below;

Officer behind the tree with is radar gun waiting for his next victim ... this lady in her 911 comes around the bend real fast he stops her ...

Officer said; "I've been waiting for you all day!"

Lady replied: "Officer I came as fast as I could"

Officer then let her go .... once he stopped