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-   -   Anyone have experience with a Reckless Driving summons? (http://forums.pelicanparts.com/showthread.php?t=1001415)

WPOZZZ 07-05-2018 05:45 AM

I don't get this about wasting the court's time. If you have a lawyer that takes care of things before even going to court, the court's time doesn't come into play. By going to court and pleading your case and trying to get a reduced charge, you are using the court's time, and possibly wasting it.

As for your father's thinking, that is probably his cop thinking coming into play, nothing to do with your Porsche habit.

Now, you really need to think if going to court to plead your case with the prosecutor is worth it. You take a day off from work to do that, and if you are not successful and plead not guilty, you will need to come back another day. If you are on summer break, no problem, but if on a year round schedule, it'll cost you. That would be at least 2 days of missed work vs. hiring an attorney to take care of matters.

berettafan 07-05-2018 05:48 AM

I don't know about CT but in Va reckless (even by speed) is a MISDEMEANOR!

I'd say getting a lawyer is a good thing when it goes past points and a fine.

Fischer_76_911S 07-05-2018 05:57 AM

I've had the privilege of going to court a few times in my life. You'll be amazed at the offenses which surround you while you wait to be called. The amount of DUI's (multiple offenses), driving without insurance, tags, licenses, etc. followed by the amount of lies from the defendants. I usually state that I'll plead "no contest" and pay a fine. They'll search for your record and yours sounds like it will be a blank piece of paper. I've kept my record clean but I do remember having to do 4 hours of traffic school (what a waste and racket) for one particular healthy ticket.

Your mileage may vary ;)

sugarwood 07-05-2018 06:03 AM

Adrenaline junkie friend sent me this madness over the winter.
I hope he learned his lesson.

Quote:

Got pulled over yesterday.
108 in 55
outrageously low speed limit for where I was...and equally outrageous speed.
Cop pulled me out of the car and shouted at me for 15 min
Got arrested
spent 2 hrs in jail and released after background check
6 points on license
additional charge for "reckless endangerment"
paid 320 bucks to get car back out of impound
He had a court date 2 months later.

Quote:

Started out with the following conversation:

"Son. You were going well over 100mph in a 55mph zone. This is a class 1 criminal offense in the state of X. The maximum sentence for this is 12 months jailtime and license suspension and 2500 fine. etc. etc. etc. etc. " Basically, you are totally ****ed. This is a life changing event for you.
So at this point I'm thinking I'm going back to jail.

Court appointed lawyer asks cop to prove that his radar was calibrated. Cop unable to produce the calibration audit report for that day. Speed gets dropped from "radar detect" to "visual assessment", in which the cop says "100mph". I have a perfect driving record and brought a copy of my driving history to court today. Major lifesaver. Court assessment of speed was dropped to 80mph, which is the legal limit before you get into "reckless endangerment".

Outcome: No jailtime. no license suspension. 55 dollar court fee, 900 dollar fine. 6 points on drivers license (that one hurts the most).

sugarwood 07-05-2018 06:08 AM

If it were 85, fine take your chances, it's just a ticket.
Since this is 90/reckless, if there is even a chance of jail time, I would not F around.
It could affect your job status.

You have a Porsche, you have a lawyer.
Get the lawyer, it will pay for itself.
Make a few calls and find out who the kingpin traffic lawyer is.

Baz 07-05-2018 06:16 AM

Quote:

Originally Posted by CJFusco (Post 10096625)
---snip---

And here’s a pic of the instigator, as requested.

http://forums.pelicanparts.com/uploa...1530797387.jpg

Thanks for the pic...she's a real beauty!

Good luck, man...it'll work out....no worries! SmileWavy

sammyg2 07-05-2018 07:00 AM

I've never accused a customer of wasting my time for asking me to do my friggin job.

Isn't that what "the court" is getting paid to do?
Oh that's right, they're MORE IMPORTANT than us mere peons.
Or at least that's how they acted when I had jury duty.
End of rant.


PS If i were you (and you're glad I'm not) I'd lawyer up and let him/her deal with it.
As long as they don't mind you wasting their time ;)

berettafan 07-05-2018 07:27 AM

yep it ain't about the fine, and even the points are a temporary thing.

but the criminal charge...that's an entirely different matter!

guy before us in court got 3 days in the pokey...leading into Christmas Eve!

one of the 'witnesses' my co-defendant brought sees this and says 'fark this I ain't going to jail for him!'.

comical yet terrifying.

Rick Lee 07-05-2018 07:28 AM

You're never wasting the court's time. If you lose, you pay court costs. If you win, then the state didn't prove their charges. No time wasted on the part of the court, and everyone in that room is on a gov't. salary, getting paid the same whether they're doodling on a pad or hearing testimony.

In VA a reckless was about the same as a DUI when I lived there - mandatory court appearance and, if you showed without a lawyer, you got a continuance and were told to come back with a lawyer. You simply had to pay the lawyer tax, no matter what.

I would call to get the court date pushed out as far as you can, but then still go to court on the originally scheduled date just to watch the proceedings. Chances are the cop who got you will be there, and it will be the same judge and ADA you'll have on your date. See how all that goes. It absolutely will not be boring and you'll learn something. You may be able to speak to the ADA right then and there. You may see the cop is total boob in court, disorganized, unprepared and gets chewed out by the judge. I have seen this before. And you may see people who are 110% guilty of serious offenses skate because the judge is easy. I've seen this too.

sugarwood 07-05-2018 07:37 AM

https://www.cga.ct.gov/2000/rpt/2000-R-1139.htm

jwasbury 07-05-2018 09:50 AM

In the NJ Municipal Courts, the Prosecutor deals with any attorneys first, and any pro se litigants are handled last. Thus, here in NJ an additional advantage to hiring a lawyer is the judge handles your case at the very beginning of the session and wastes less of your time.

Porsche-O-Phile 07-05-2018 10:39 AM

Quote:

Originally Posted by Rick Lee (Post 10096761)
You're never wasting the court's time. If you lose, you pay court costs. If you win, then the state didn't prove their charges. No time wasted on the part of the court, and everyone in that room is on a gov't. salary, getting paid the same whether they're doodling on a pad or hearing testimony.

In VA a reckless was about the same as a DUI when I lived there - mandatory court appearance and, if you showed without a lawyer, you got a continuance and were told to come back with a lawyer. You simply had to pay the lawyer tax, no matter what.

I would call to get the court date pushed out as far as you can, but then still go to court on the originally scheduled date just to watch the proceedings. Chances are the cop who got you will be there, and it will be the same judge and ADA you'll have on your date. See how all that goes. It absolutely will not be boring and you'll learn something. You may be able to speak to the ADA right then and there. You may see the cop is total boob in court, disorganized, unprepared and gets chewed out by the judge. I have seen this before. And you may see people who are 110% guilty of serious offenses skate because the judge is easy. I've seen this too.

Yes, this. Going to court to have your day is never a "waste of the court's time", it's why they exist. That's their job. Any lawyer or judge claiming otherwise has no business being part of the judiciary.

The system is a racket designed to transfer money from the subjects (er... "citizens") to the elite lawyer's club and the associated support structure (law enforcement community, etc.) It's a game. Welcome to it. Pay an attorney to play your role. Good luck!

Rick Lee 07-05-2018 10:46 AM

Quote:

Originally Posted by Porsche-O-Phile (Post 10097027)
The system is a racket designed to transfer money from the subjects (er... "citizens") to the elite lawyer's club and the associated support structure (law enforcement community, etc.) It's a game. Welcome to it. Pay an attorney to play your role. Good luck!

I was talking with a recent DUI convict yesterday. Taking his story at face value, he was somewhat railroaded, whereas, in the old days, he would have gotten a deal. PC for the contact (I say contact because he never moved his car from its parking space, so it wasn't a stop) was a bicycle cop hiding in wait and claiming he saw the subject stumbling toward his car from his apt. Again, taking it at face value ... sounded like a flimsy contact, but the DA and cops pushed this one to the wall, would not offer a deal at all. Subject told me the local cops and DAs are giving no quarter now for DUIs because Uber and Lyft have caused too big a decline in DUIs, causing the fine and other fee revenue to dry up.

And we can't have cities losing that revenue in exchange for safer roads.

Arizona_928 07-05-2018 10:57 AM

I got one.... 92 mph. I was stupid and plead guilty, and was given a 550$ fine and misdemeanor. Think it was criminal speeding.
Didn't effect getting a security clearance.

If I was to do it again I would pay for legal representation, and get it pleaded down.

pwd72s 07-05-2018 11:06 AM

Everybody is entitled to legal representation...

Funny aside on cop mentality...a cute waitress once said: "My daddy is a police officer and I always side with the law." This explaining why she never sat on a jury. ;)

Good luck!

Por_sha911 07-05-2018 11:27 AM

Quote:

Originally Posted by berettafan (Post 10096637)
I don't know about CT but in...

Location is a major consideration. Each state has its own laws. Years ago, in NC a clean record and pleading 1st time offense got me no points and pay court fees. I've been told that in TN that's not happening. I can tell you that in small towns around here they nail you to the wall for the income.
How much of a gambler are you? If you are risk adverse then ante up and get a local attorney who does tickets.

MRM 07-05-2018 11:41 AM

I had a misspent youth as a prosecutor and spent a fair amount of time prosecuting traffic violations. Since then I handle traffic cases on a friends and family basis. I can tell you very certainly from both sides of the courtroom that people who do not have attorneys in this situation do not not get the best deal. This is a serious traffic charge, second in seriousness only to a DWI. In fact, it is actually a misdemeanor criminal charge, unlike your basic speed violation. This can have implications on everything from your insurance to employment and your right to enter Canada. Seriously. Canadians stop anyone with a criminal record at the border.

Anyway, a competent defense attorney will give you your best result. There is a formula for handling cases like this but it's not a do it yourself project.

Porsche-O-Phile 07-05-2018 11:43 AM

Wow, I don't doubt that the underlying premise (i.e. that "the system" is upset over a decline in revenue due to better / safer options like Uber and Lyft) is the law that you can't even go to your car to, say... retrieve something? Start the engine to keep warm / charge your phone / because your GF kicked you out? I thought "operating" a motor vehicle entailed putting it in motion on a public roadway but I'm curious to know how they busted someone for simply opening a car door whilst wasted...

stomachmonkey 07-05-2018 01:01 PM

Quote:

Originally Posted by Porsche-O-Phile (Post 10097109)
Wow, I don't doubt that the underlying premise (i.e. that "the system" is upset over a decline in revenue due to better / safer options like Uber and Lyft) is the law that you can't even go to your car to, say... retrieve something? Start the engine to keep warm / charge your phone / because your GF kicked you out? I thought "operating" a motor vehicle entailed putting it in motion on a public roadway but I'm curious to know how they busted someone for simply opening a car door whilst wasted...

I thought it was pretty common knowledge, if you are wasted and have the keys the second you touch the car you are fair game.

Personally I think that's BS.


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