Which is worse neg. driving or reckless driving?
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Join Date: Mar 2008
Location: WA
Posts: 33
Which is worse neg. driving or reckless driving?
I got a DUI I didn't deserve (not kidding, I got another one also that I know I did deserve).
The prosecutor has offered a reckless driving and I go to court tomorrow.
I wasn't drunk, but I had had many days without sleep and I had an appointment I HAD to keep, so without any sleep for days I drove to my appointment and some people that were behind me called the police.
I was at a mini-mart getting some iced-tea when the police came on the scene.
They took my BAC and there wasn't anything there but booked me anyway thinking I may have illegal drugs in my system
I had two scripts in my system, that I had prescriptions for.
I'm trying to figure out if I even deserve a reckless driving, since I have absolute proof that the couple that drove behind me exaggerated.
Any advice is helpful.
The prosecutor has offered a reckless driving and I go to court tomorrow.
I wasn't drunk, but I had had many days without sleep and I had an appointment I HAD to keep, so without any sleep for days I drove to my appointment and some people that were behind me called the police.
I was at a mini-mart getting some iced-tea when the police came on the scene.
They took my BAC and there wasn't anything there but booked me anyway thinking I may have illegal drugs in my system
I had two scripts in my system, that I had prescriptions for.
I'm trying to figure out if I even deserve a reckless driving, since I have absolute proof that the couple that drove behind me exaggerated.
Any advice is helpful.
Member
Join Date: Jan 2007
Location: Virginia, USA
Posts: 34
Originally Posted by AnotherDrunk 
I got a DUI I didn't deserve (not kidding, I got another one also that I know I did deserve).
The prosecutor has offered a reckless driving and I go to court tomorrow.
I wasn't drunk, but I had had many days without sleep and I had an appointment I HAD to keep, so without any sleep for days I drove to my appointment and some people that were behind me called the police.
I was at a mini-mart getting some iced-tea when the police came on the scene.
They took my BAC and there wasn't anything there but booked me anyway thinking I may have illegal drugs in my system
I had two scripts in my system, that I had prescriptions for.
I'm trying to figure out if I even deserve a reckless driving, since I have absolute proof that the couple that drove behind me exaggerated.
Any advice is helpful.
The prosecutor has offered a reckless driving and I go to court tomorrow.
I wasn't drunk, but I had had many days without sleep and I had an appointment I HAD to keep, so without any sleep for days I drove to my appointment and some people that were behind me called the police.
I was at a mini-mart getting some iced-tea when the police came on the scene.
They took my BAC and there wasn't anything there but booked me anyway thinking I may have illegal drugs in my system
I had two scripts in my system, that I had prescriptions for.
I'm trying to figure out if I even deserve a reckless driving, since I have absolute proof that the couple that drove behind me exaggerated.
Any advice is helpful.
The people who called the police have to show up in court and testify in order for you to be convicted. I've found that you never know what citizen witnesses will say, and many times they will exaggerate or flat out lie because they were angry at the time.
My instincts are usually if I have citizen witnesses, to plead not guilty see what happens. If the cop didn't come until later, he is not a witness to the incident at all and cannot testify regarding what the witnesses claim happened. Every now and then I get a "Barney Fife" witness who is just mad that someone cut in front of him, and calls the cops on his cell phone. Sometimes the judge will throw out the case, or convict on a lesser charge like improper driving or failure to yield.
Listen to your lawyer -- that's what you pay them for. If you don't have a lawyer for such a serious charge, get one.
Good luck - JR
Member
Join Date: Dec 2003
Posts: 12,136
In my experience, you cannot be convicted based on witness account only - not for suspicion of impairment by drugs or alcohol. The field sobriety test proved negative and if they suspected you had drugs in your system, they should have arrested you, obtained a blood warrant, and drew blood to prove existence of illicit drugs.
In Canada, you can be done with careless driving or dangerous driving. The former is a provincial offence and subject to a fine, the latter is a criminal offence.
I'm surprised that you are being asked to appear in court on a formal charge based on the evidence you present.
Hopefully you will just face a fine. Be careful not to drive when you are so sleep-deprived next time. I've seen people killed because of this.
In Canada, you can be done with careless driving or dangerous driving. The former is a provincial offence and subject to a fine, the latter is a criminal offence.
I'm surprised that you are being asked to appear in court on a formal charge based on the evidence you present.
Hopefully you will just face a fine. Be careful not to drive when you are so sleep-deprived next time. I've seen people killed because of this.
Member
Join Date: Jan 2007
Location: Virginia, USA
Posts: 34
Originally Posted by Rowan
I Be careful not to drive when you are so sleep-deprived next time. I've seen people killed because of this.
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Join Date: Sep 2007
Location: Colorado Prairie
Posts: 1,417
I'm not a fan of our Legal System. Their purpose is to maintain a high conviction rate as opposed to establish the truth of the matter. Their job is to convict you, regardless.
In my dealings with them I have found that you can be offered a plea agreement all the way up to the day of the trial. That may include an all out dismissal of the charges. It's happened to me.
They will threaten and extort you in the hopes that you will roll over and see things their way. The less evidence they have, the more severe ther threats will be. Don't fall for it under any circumstances. Their job is to "Prove You Guilty". Do they have proof???? If not I would call their bluff. That's exactly what it is! A bluff.
I will admit that it takes a set of kahunas to stare them down when they threaten you with jail time. But the bottom line is they need to "Put up or Shut up". Most of the time, they just don't have it.
You can choose not to accept the deal tomorrow and that will buy you another couple months to decide. The offers will get better as it goes along because they don't want to go to trial any more than you do. Possibly even less.
This is just my input and that's what I would do if it was my life I was gambling with. Don't construde it as me giving advise.
In my dealings with them I have found that you can be offered a plea agreement all the way up to the day of the trial. That may include an all out dismissal of the charges. It's happened to me.
They will threaten and extort you in the hopes that you will roll over and see things their way. The less evidence they have, the more severe ther threats will be. Don't fall for it under any circumstances. Their job is to "Prove You Guilty". Do they have proof???? If not I would call their bluff. That's exactly what it is! A bluff.
I will admit that it takes a set of kahunas to stare them down when they threaten you with jail time. But the bottom line is they need to "Put up or Shut up". Most of the time, they just don't have it.
You can choose not to accept the deal tomorrow and that will buy you another couple months to decide. The offers will get better as it goes along because they don't want to go to trial any more than you do. Possibly even less.
This is just my input and that's what I would do if it was my life I was gambling with. Don't construde it as me giving advise.
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Join Date: May 2007
Location: Cumming, Ga
Posts: 665
Actually, you did deserve it. You said that you had two "scripts" in your system. If these were mood altering substances, then you were impaired. It doesn't matter whether you have a legal prescription for them or not. That only speaks to whether you possessed the drugs legally. If I'm prescribed codeine and I drive, technically, I'm DUI. I guess the question is do they have a blood test or urine test to back up the charge. If not then it may be a matter of you deserve the DUI, but you're not gonna be found guilty.
Philippines/Canada
Join Date: Aug 2005
Location: Left Coast
Posts: 454
Thats just what you need now eh. Not good timing with your recent DUI. I had a dangerous here in Canada which is the same as reckless i think. As Rowan mentioned its a criminal offense with one year suspension but have no idea what the penalties are in your area. You may be able to google it. Some lawyers will not charge for the first call or visit. What did you say in your statement to cop when he pulled you over. Did you admit tiredness and or meds. Hopefully not. A prosecuting lawyer will jump all over that. Remove all doubts and call a lawyer, take your time to research a recommended one. I wish i used a lawyer. Good luck.
Reckless Driving Lawyer / Attorney for racing or tickets in Washington (WA) State.
Reckless Driving Lawyer / Attorney for racing or tickets in Washington (WA) State.
Last edited by StayinAlive; 03-06-2008 at 06:34 PM. Reason: added link
Sober 22 years and relapsed
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Posts: 33
Thank you!!
This case has drug on since Sept. of 06 and I'm sick of it but the prosecutor more than likely knows I'm sick of it. I've been going to court every month for 1 1/2 years only for there to be another continuance. This is the first time the prosecutor has offered me anything to my attorney's delight. I have the best attorney here for DUIs and he couldn't believe it has gone this far but as my trial gets closer and (I suppose discovery has happened) the prosecutor is seeing that his case is weak.
I did end up totaling that Jaguar a few months later (Deb of 06, the DUI I deserved),I slid on ice in December of 06 and ended up in the median, no injuries to anyone, including myself. The man that pronounced my car totaled (who was not a friend) has written a statement that, as the couple behind me stated, I could not have hit the curb 3 times because I had low profile tires and then chrome and the fact that curbs are higher than 1 1/2 inch (which is how high my tires are being low profile) there would have been scratches and there were none.
The other experience with police.
I used to think the police were fair people until I had a couple of experiences with them. One was in 99 and I was late for my Yoga class and had a respected business owner riding with me, we're respected business owners too. Long story but this fat guy in a van was driving the speed limit and I was running late so I passed him on the right and he got angry and started tail-gaiting me. I sped up to get away from this psycho, not knowing had anything to do with the police. He called them and I was told that I had tried to run from the police. After the police stopped me the fat guy drove up and stuck his tongue out at us;.
During court they dropped it to reckless driving (BUT I DIDN'T EVEN DESERVE THAT). Police lie I have found out through that experience and this DUI experience too.
I have been called 4 times now to jury duty and they have no clue how biased I am against the police, although a few minutes ago I left a message about police lying.
Returning to the original DUI story.
When I got taken in for that DUI I kept telling the policeman that my cuff on my right hand was too tight and he ignored me. I had never been arrested in my life and asked them to take pics of my bloody arm, which they did but those pic mysteriously disappeared. Funny though, how the policeman writes in his police report (for no reason) that he checked my cuffs after having blood drawn at the hospital that my cuffs were fine and there were no marks on my wrists.:puppet
This case has drug on since Sept. of 06 and I'm sick of it but the prosecutor more than likely knows I'm sick of it. I've been going to court every month for 1 1/2 years only for there to be another continuance. This is the first time the prosecutor has offered me anything to my attorney's delight. I have the best attorney here for DUIs and he couldn't believe it has gone this far but as my trial gets closer and (I suppose discovery has happened) the prosecutor is seeing that his case is weak.
I did end up totaling that Jaguar a few months later (Deb of 06, the DUI I deserved),I slid on ice in December of 06 and ended up in the median, no injuries to anyone, including myself. The man that pronounced my car totaled (who was not a friend) has written a statement that, as the couple behind me stated, I could not have hit the curb 3 times because I had low profile tires and then chrome and the fact that curbs are higher than 1 1/2 inch (which is how high my tires are being low profile) there would have been scratches and there were none.
The other experience with police.
I used to think the police were fair people until I had a couple of experiences with them. One was in 99 and I was late for my Yoga class and had a respected business owner riding with me, we're respected business owners too. Long story but this fat guy in a van was driving the speed limit and I was running late so I passed him on the right and he got angry and started tail-gaiting me. I sped up to get away from this psycho, not knowing had anything to do with the police. He called them and I was told that I had tried to run from the police. After the police stopped me the fat guy drove up and stuck his tongue out at us;.
During court they dropped it to reckless driving (BUT I DIDN'T EVEN DESERVE THAT). Police lie I have found out through that experience and this DUI experience too.
I have been called 4 times now to jury duty and they have no clue how biased I am against the police, although a few minutes ago I left a message about police lying.
Returning to the original DUI story.
When I got taken in for that DUI I kept telling the policeman that my cuff on my right hand was too tight and he ignored me. I had never been arrested in my life and asked them to take pics of my bloody arm, which they did but those pic mysteriously disappeared. Funny though, how the policeman writes in his police report (for no reason) that he checked my cuffs after having blood drawn at the hospital that my cuffs were fine and there were no marks on my wrists.:puppet
Originally Posted by Boater62
Someone's opinion that you may have illegal drugs in your system is inadmissible in court, absent a blood test. If the police did field sobriety tests that showed you were impaired, these would be admissible. Do you have a lawyer? If so, I would follow his or her advice. Without scientific or field sobriety evidence, it comes down to the manner of your driving. Reckless driving in my state is driving in a manner that endangers life, limb or property. If the prosecutors are offering a plea to reckless, that usually means they don't have the evidence for DUI. However, if your driving was erratic, taking a plea might be a good deal if it doesn't involve a suspension of your license. In my area, if a judge believes that drugs were involved in a reckless case, he or she is likely to take your license for a few months.
The people who called the police have to show up in court and testify in order for you to be convicted. I've found that you never know what citizen witnesses will say, and many times they will exaggerate or flat out lie because they were angry at the time.
My instincts are usually if I have citizen witnesses, to plead not guilty see what happens. If the cop didn't come until later, he is not a witness to the incident at all and cannot testify regarding what the witnesses claim happened. Every now and then I get a "Barney Fife" witness who is just mad that someone cut in front of him, and calls the cops on his cell phone. Sometimes the judge will throw out the case, or convict on a lesser charge like improper driving or failure to yield.
Listen to your lawyer -- that's what you pay them for. If you don't have a lawyer for such a serious charge, get one.
Good luck - JR
The people who called the police have to show up in court and testify in order for you to be convicted. I've found that you never know what citizen witnesses will say, and many times they will exaggerate or flat out lie because they were angry at the time.
My instincts are usually if I have citizen witnesses, to plead not guilty see what happens. If the cop didn't come until later, he is not a witness to the incident at all and cannot testify regarding what the witnesses claim happened. Every now and then I get a "Barney Fife" witness who is just mad that someone cut in front of him, and calls the cops on his cell phone. Sometimes the judge will throw out the case, or convict on a lesser charge like improper driving or failure to yield.
Listen to your lawyer -- that's what you pay them for. If you don't have a lawyer for such a serious charge, get one.
Good luck - JR
Last edited by AnotherDrunk; 03-06-2008 at 09:03 PM.
Sober 22 years and relapsed
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Originally Posted by Boater62
Someone's opinion that you may have illegal drugs in your system is inadmissible in court, absent a blood test. If the police did field sobriety tests that showed you were impaired, these would be admissible. Do you have a lawyer? If so, I would follow his or her advice. Without scientific or field sobriety evidence, it comes down to the manner of your driving. Reckless driving in my state is driving in a manner that endangers life, limb or property. If the prosecutors are offering a plea to reckless, that usually means they don't have the evidence for DUI. However, if your driving was erratic, taking a plea might be a good deal if it doesn't involve a suspension of your license. In my area, if a judge believes that drugs were involved in a reckless case, he or she is likely to take your license for a few months.
The people who called the police have to show up in court and testify in order for you to be convicted. I've found that you never know what citizen witnesses will say, and many times they will exaggerate or flat out lie because they were angry at the time.
My instincts are usually if I have citizen witnesses, to plead not guilty see what happens. If the cop didn't come until later, he is not a witness to the incident at all and cannot testify regarding what the witnesses claim happened. Every now and then I get a "Barney Fife" witness who is just mad that someone cut in front of him, and calls the cops on his cell phone. Sometimes the judge will throw out the case, or convict on a lesser charge like improper driving or failure to yield.
Listen to your lawyer -- that's what you pay them for. If you don't have a lawyer for such a serious charge, get one.
Good luck - JR
The people who called the police have to show up in court and testify in order for you to be convicted. I've found that you never know what citizen witnesses will say, and many times they will exaggerate or flat out lie because they were angry at the time.
My instincts are usually if I have citizen witnesses, to plead not guilty see what happens. If the cop didn't come until later, he is not a witness to the incident at all and cannot testify regarding what the witnesses claim happened. Every now and then I get a "Barney Fife" witness who is just mad that someone cut in front of him, and calls the cops on his cell phone. Sometimes the judge will throw out the case, or convict on a lesser charge like improper driving or failure to yield.
Listen to your lawyer -- that's what you pay them for. If you don't have a lawyer for such a serious charge, get one.
Good luck - JR
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Originally Posted by BP44
Actually, you did deserve it. You said that you had two "scripts" in your system. If these were mood altering substances, then you were impaired. It doesn't matter whether you have a legal prescription for them or not. That only speaks to whether you possessed the drugs legally. If I'm prescribed codeine and I drive, technically, I'm DUI. I guess the question is do they have a blood test or urine test to back up the charge. If not then it may be a matter of you deserve the DUI, but you're not gonna be found guilty.
When someone has been on these two drugs as long as I have, they build up a tolerance to them and I have never, ever (when stopped for speeding) been told I'm driving strangely, other then than speeding. This was bogus. But thanks for your input, I'll keep it in mind tomorrow.
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Originally Posted by Boater62
That's a very wise point. Driving when you're sleep deprived can be as dangerous as driving while drunk. There was a man in my area who, after being awake for two days, fell asleep at the wheel and killed two teenagers in a car accident. He was convicted of the felony charge of vehicular manslaughter and sentenced to five years in jail. The guy knew he was dead tired and never should have gotten behind the wheel.
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Originally Posted by StayinAlive
Thats just what you need now eh. Not good timing with your recent DUI. I had a dangerous here in Canada which is the same as reckless i think. As Rowan mentioned its a criminal offense with one year suspension but have no idea what the penalties are in your area. You may be able to google it. Some lawyers will not charge for the first call or visit. What did you say in your statement to cop when he pulled you over. Did you admit tiredness and or meds. Hopefully not. A prosecuting lawyer will jump all over that. Remove all doubts and call a lawyer, take your time to research a recommended one. I wish i used a lawyer. Good luck.
Reckless Driving Lawyer / Attorney for racing or tickets in Washington (WA) State.
Reckless Driving Lawyer / Attorney for racing or tickets in Washington (WA) State.
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Thank you Captain
My thoughts were... When on my motorcycle...
What difference would it make if someone was drunk or sleep deprived if they hit me?
As far as getting past the charge... A good lawyer should be able to do that for you.
Next time call a cab.
$40 is cheaper then $3,000 for a lawyer.
My thoughts were... When on my motorcycle...
What difference would it make if someone was drunk or sleep deprived if they hit me?
As far as getting past the charge... A good lawyer should be able to do that for you.
Next time call a cab.
$40 is cheaper then $3,000 for a lawyer.
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Originally Posted by best
Thank you Captain
My thoughts were... When on my motorcycle...
What difference would it make if someone was drunk or sleep deprived if they hit me?
As far as getting past the charge... A good lawyer should be able to do that for you.
Next time call a cab.
$40 is cheaper then $3,000 for a lawyer.
My thoughts were... When on my motorcycle...
What difference would it make if someone was drunk or sleep deprived if they hit me?
As far as getting past the charge... A good lawyer should be able to do that for you.
Next time call a cab.
$40 is cheaper then $3,000 for a lawyer.
Don't be putting fault where ignorance was the issue.
Member
Join Date: Jan 2007
Posts: 1,002
Not all police officers are bad. (Yes I'm sure some of you were wondering if I was going to "chime in" on this.) Police officers are like everyone else, there are good ones and there are bad ones. I've been a police officer for almost 10 years and I have worked with great officers, and I have worked for some that were perhaps picked last on the kickball team when they were kids. If you believe that you were treated unfairly, file a complaint on the officer, and fight it in court with your attorney.
Authority may be a good topic for an inventory down the road for you.
Tom
Authority may be a good topic for an inventory down the road for you.
Tom
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Originally Posted by CAPTAINZING2000
supposed to be in full physical and mental capabilities when, driving
Be thankful, it's just reckless and not vehicular homicide they got you on!!
Be thankful, it's just reckless and not vehicular homicide they got you on!!
(sarcasm) I'm also glad I didn't carry a knife or gun or bat to beat people up with.
Give me a break. I'm telling you I didn't hit the curb nor almost have a head-on but if you're hell-bent on believe the worst of me, go for it.
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Originally Posted by Signal30
Not all police officers are bad. (Yes I'm sure some of you were wondering if I was going to "chime in" on this.) Police officers are like everyone else, there are good ones and there are bad ones. I've been a police officer for almost 10 years and I have worked with great officers, and I have worked for some that were perhaps picked last on the kickball team when they were kids. If you believe that you were treated unfairly, file a complaint on the officer, and fight it in court with your attorney.
Authority may be a good topic for an inventory down the road for you.
Tom
Authority may be a good topic for an inventory down the road for you.
Tom
I just happen to run across some people that claimed I tried to run, which did change my opinion of their honesty and now I'm dealing with a prosecutor (no police) that wants someone, other than the court system to pay for all of the court costs.
Oh but then there's the bloody wrist where the pics disappeared, so there again are some dishonest police.
My two experiences have not been good ones.
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Originally Posted by AnotherDrunk
Yes I was honest, always have been, always will be. But I had not been mirandized (sp) yet he put that information in the police report along with the infor after I had been mirandized.
From your original post i assumed that this was a recent event and you had yet to seek a lawyer. Sounds like your taken care of. What does he say, which is worse? neg. driving or reckless driving.
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