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Meteorology Man
[n00b] Member
Joined: Fri Oct 22, 2010 4:19 pm Posts: 35 Location: Norman, OK
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 Reckless driving
So here's a short story:
A few days before Christmas I'm driving home in heavy traffic. I need to get over so I can get in the turn lane and get into my apartment complex. A gap formed in the next lane, but it was closing as the woman next to me started closing it. So I flicked on my blinker real quick and switched lanes (basically I cut her off). She loses it and flips me off, so I flip her ass off back. Then she follows me the rest of the way (a few hundred yards) to my apartment and begins raising hell with me, saying I drove recklessly and endangered her kids and shit like that. It also just so happened that a Norman fire chief saw some part of the incident, so he followed me in, too. Anyway, the woman calls the cops on me and I end up getting written a citizen's ticket for reckless driving. Apparently a citizen's ticket is only allowed in some states, Oklahoma being one of them. I had heard of a citizen's arrest before, but never the ticket. So I got a summons last week and I had to pay a bond of $284 just to avoid being arrested. Everyone I"ve talked to about this so far says the woman is F*CKING crazy and what I did was not reckless driving. I don't see how what I did was, but now I have to go to arraignment next month, plead "not guilty", then fight it in court. Thankfully, convicted or not, I dont' have to pay any additional fees, but that pisses me off seeing as I had to pay a $284 bond regardless (or I could've paid $249 and pled guilty...but then my insurance rates would go to dick). I plan on fighting it in court.
Has anyone else ever had a run-in with a psycho who takes the law too seriously?
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| Thu Jan 12, 2012 1:22 am |
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Caniboid
Game Server Admin
Joined: Sun Mar 14, 2010 3:24 am Posts: 2534 Location: Beaverton/Tigard/Portland Oregon
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 Re: Reckless driving
Why would you have to pay a $284 bond for a minor traffic violation?(If you can even consider that a violation?) Better yet, why would you end up getting arrested for such a thing?
Maybe i'm just used to Portland, OR rush hour driving. But you'd have to do a hell of a lot more than just cut someone off for it to be considered wreck less driving.
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| Thu Jan 12, 2012 2:15 am |
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Coach
One-Eyed Elder, Senior Admin
Joined: Wed Oct 31, 2007 11:00 pm Posts: 4936 Location: Gardendale, Texas
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 Re: Reckless driving
Caniboid wrote: Why would you have to pay a $284 bond for a minor traffic violation?(If you can even consider that a violation?) Better yet, why would you end up getting arrested for such a thing?
Maybe i'm just used to Portland, OR rush hour driving. But you'd have to do a hell of a lot more than just cut someone off for it to be considered wreck less driving. Because you can go to jail because of the offense. Though jail time is usually suspended. Here's what I got from a quick Google search: http://www.trafficviolationlawfirms.com ... iving-lawsQuote: Options for Dealing with a Reckless Driving Charge in Oklahoma First you must address the pending criminal penalties. In most cases you can negotiate a plea agreement, which reduces the charge to a lesser traffic offense that does not carry the potential of incarceration. Even if you are convicted of reckless driving, sentences are often suspended or probated. However, any attempt to negotiate a favorable plea agreement will require the insight and representation of a lawyer, who will first seek to undermine the prosecution’s case while attempting to obtain outright dismissal of the charges. Secondly you must address any pending administrative penalties, which will likely include either mandatory suspension for the offense or point-based suspension. In either case you may be eligible for a hardship-based license during all or part of your suspension period. If the suspension is solely point-based, you are allowed (as long as you haven't done so in the past 2 years) to attend a pre-approved traffic school in Oklahoma to reduce your point total by 2 points.
I had this same offense when I was 18 in VA. (Doing 65 in a 25 rural area) The cop didn't show up to court, so it was wiped. Believe me; you DO NOT want this on your record. Show up to court; hire a lawyer if you don't think you can handle it by yourself. Maybe your accuser won't show up, and you'll get off. Play it safe, work out a deal with a lawyer. Also, see if you can counter-sue...You may be able to charge HER with the same offense for tailgaiting or not driving a safe distance from the car that was in front of her. Don't take it lying down. Remember, she'll have to prove you broke this law: In Oklahoma, it is unlawful to drive in a manner which is careless, wanton or reckless way or in disregard of other persons and property. This usually applies to speed, and not being a dick by cutting someone off. As long as you weren't drunk or doing 30 miles over the speed limit, you should be ok. It seems to me that this bitch should have left a little room in between the cars around her.
_________________Sir, have you been drinking tonight? 
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| Thu Jan 12, 2012 4:09 am |
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Falcon
[n00b] Member
Joined: Fri Sep 30, 2005 11:00 pm Posts: 5230 Location: Rogers, AR
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 Re: Reckless driving
yea, go to court, it seems pretty easy to beat if you ask me.
Her argument: He cut me off Your Argument: I saw space in the lane next to me, I wasnt speeding, I turned my blinker on then switched lanes. Then all of a sudden she was right behind me "tailgating" and proceeded to insult me. She then followed me to my place of residence(that might in and of itself be illegal) and tried to get me to admit to something I didnt do, blah blah blah.
Yea, you should be good. And remember, all of this is assuming the Cop, the Lady, and the Fire guy will show up to court
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| Thu Jan 12, 2012 9:57 am |
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Falcon
[n00b] Member
Joined: Fri Sep 30, 2005 11:00 pm Posts: 5230 Location: Rogers, AR
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 Re: Reckless driving
oh and remember, if you go to court and get off, counter-sue her for the court fees. That might be what the $284 is for, but regardless they will charge you a couple of hundred bucks for using the courts time
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| Thu Jan 12, 2012 9:59 am |
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Gman
[HNIC] Stзamroller ω
Joined: Sun Apr 25, 2004 11:00 pm Posts: 13453
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 Re: Reckless driving
Yeah, reckless driving in TX is an arrest-able offense. Ask Mr_Jeep.
_________________ I hate to advocate drugs, alcohol, violence, or insanity to anyone, but they've always worked for me. -- Hunter S Thompson
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| Thu Jan 12, 2012 11:01 am |
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Tazzaler
[n00b] Member
Joined: Wed Jul 23, 2008 11:00 pm Posts: 5727 Location: Dakota, North
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 Re: Reckless driving
Gman wrote: Yeah, reckless driving in TX is an arrest-able offense. Ask Mr_Jeep. Story time!
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| Thu Jan 12, 2012 11:56 am |
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JFOBP
[n00b] Member
Joined: Tue Dec 13, 2005 12:00 am Posts: 3473 Location: Illinois
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 Re: Reckless driving
Falcon wrote: yea, go to court, it seems pretty easy to beat if you ask me.
Her argument: He cut me off Your Argument: I saw space in the lane next to me, I wasnt speeding, I turned my blinker on then switched lanes. Then all of a sudden she was right behind me "tailgating" and proceeded to insult me. She then followed me to my place of residence(that might in and of itself be illegal) and tried to get me to admit to something I didnt do, blah blah blah.
Yea, you should be good. And remember, all of this is assuming the Cop, the Lady, and the Fire guy will show up to court If she shows up (and she will) he's done for. The ticket wouldn't have even been issued without a witness.
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| Thu Jan 12, 2012 12:17 pm |
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Shorty
[n00b] Member
Joined: Fri Oct 14, 2005 11:00 pm Posts: 1349 Location: Cincinnati
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 Re: Reckless driving
Don't be a dick or smug in court. If she had kids in the vehicle she might bring them to court. Last thing you want is a 6 year old telling a judge "the mean man almost killed me and I would have missed Christmas." CONSULT with a lawyer. Usually there is a feet requirement for changing lanes I.E. the signal be given "continuously during not less than the last 100 feet traveled by the vehicle before turning." If your state has one such driving law and you did not abide by it then you are guilty of reckless driving.
_________________  When victory is to survive then death is defeat. -Slayer, War Ensemble "The nine most terrifying words in the English language are, "I'm from the government and I'm here to help." -Ronald Reagan
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| Thu Jan 12, 2012 2:31 pm |
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Montreal
[n00b] Member
Joined: Fri Aug 21, 2009 3:46 am Posts: 2623 Location: Montreal, Canada
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 Re: Reckless driving
Reckless driving is, as far as I know, defined as a major moving traffic violation. Now, as Falcon said, you could argue that because your blinker was on you didn't violate any traffic laws as you switched lanes. However (in Canada at least), your blinker must be on for 100 meters before making the lane change and it seems that you made the lane change pretty quickly. Also, if she has witnesses, that doesn't help your case. Regardless, no one (myself included and I'm studying Law) will be able to give you as good advice as an attorney. Your best bet is probably to find one that specializes in traffic violations and see what he says.
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| Thu Jan 12, 2012 2:36 pm |
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RemyLeBeau
Forum Newbie
Joined: Sun Jan 08, 2012 3:58 pm Posts: 8
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 Re: Reckless driving
Without a doubt fight it, I'd suggest getting a lawyer but that can get expensive.
You could easily prepare a statement and be very polite, insisting that you did not break any laws and she was merely having a case of road-rage or harassing you. Don't admit to breaking any traffic law unless there is irrefutable evidence against you. The real kicker here is that Norman fire chief: if she is able to get him as a witness or he comes voluntarily you might be pretty boned.
TLDR play the psycho-bitch road rage card and have a best response prepared for likely allegations against you.
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| Thu Jan 12, 2012 2:58 pm |
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Judicator
[n00b] Member
Joined: Thu Jul 07, 2005 11:00 pm Posts: 3955 Location: ATX->NYC
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 Re: Reckless driving
I would I AM A HOMOSEXUAL all the "be polite" recommendations, but only because hopefully the judge will take kindly to that and not smack you down as hard as they can. I don't think you've got much of a chance of fighting it yourself, if there are at least two witnesses (lady + fire chief). You could consult with an actual lawyer and see what he thinks, but I'd be scared to turn a $500 fine into a $500 fine + $500 attorney's fees or what not.
In Oklahoma: Reckless driving is punishable by five (5) to ninety (90) days imprisonment and/or by a fine between $100 and $500.
So it might be best to just be polite and a little contrite and aim for the $100 fine end of the spectrum instead of the 90 days + $500 end. But then again, none of us are (as far as I know) lawyers, so maybe you should call one up and chat.
_________________[n00b] Judicator|n4b nubs 4 breakfast
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| Thu Jan 12, 2012 10:13 pm |
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superflu
Forum Newbie
Joined: Sat Aug 06, 2011 2:20 pm Posts: 71
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 Re: Reckless driving
Like everyone has been saying, fight it and bring up that she followed you home. That's like psychotic murderer status.
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| Thu Jan 12, 2012 10:31 pm |
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Luke
[n00b] Member
Joined: Wed Nov 09, 2011 10:28 pm Posts: 1295
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 Re: Reckless driving
that sucks
_________________ Lots of people have birthdays in early November. I like to think that it's because their parents fucked on Valentine's day.
"OH BABY YOU BOUGHT ME A HALLMARK CARD AND SOME F*CKING ROSES. PLEASE BUST A LOAD IN MY SNATCH AND LET'S MAKE A CRITTER" "LOL K" *SPLAT* -Gman
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| Thu Jan 12, 2012 10:37 pm |
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Caniboid
Game Server Admin
Joined: Sun Mar 14, 2010 3:24 am Posts: 2534 Location: Beaverton/Tigard/Portland Oregon
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 Re: Reckless driving
Decided to read up on Washington States reckless driving penalties. Seems that Washington's penalty is pretty bad as well.
"(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment for up to three hundred sixty-four days and by a fine of not more than five thousand dollars."
F*CK THAT! Good thing i'm never reckless behind the wheel. I cut people off from time to time, but that's how it works in rush hour traffic.
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| Thu Jan 12, 2012 11:01 pm |
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Cyning of Scedenig
Not Worthy of [n00b]
Joined: Tue Apr 06, 2010 4:17 am Posts: 2079 Location: California
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 Re: Reckless driving
No, but just the other day some bitch flipped me off as she tried to cut in and I didn't let her lol
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| Thu Jan 12, 2012 11:48 pm |
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winitnow
Game Server Admin
Joined: Mon Jul 13, 2009 11:00 pm Posts: 3113
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 Re: Reckless driving
LOL i do this all the time in OK lol, just go in cut ppl off i keep my blinker on and keep it going even in the lane so the other person can shove it...Sounds like amazing time in OK tho for you lol F*CK the dumb bitch maybe u can get in her pants after court? lol
_________________  "I am the robber of my cradle. Candy is my body and teddy-bears are my blood. I have snached over a thousand little girls. Unknown to police. Nor known to Chris Henson. Have withstood time to stalk many children. Yet those kids will never be enough. So as I pray--"
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| Fri Jan 13, 2012 4:01 am |
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Kwang!
[n00b] Member
Joined: Mon Jun 21, 2010 6:04 pm Posts: 4413 Location: Here.
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 Re: Reckless driving
winitnow wrote: LOL i do this all the time in OK lol, just go in cut ppl off i keep my blinker on and keep it going even in the lane so the other person can shove it...Sounds like amazing time in OK tho for you lol F*CK the dumb bitch maybe u can get in her pants after court? lol I thought courtship was the appropriate recourse for getting into a girl's pants, sans rape?
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| Fri Jan 13, 2012 1:24 pm |
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Shredder
[n00b] Member
Joined: Wed Mar 31, 2010 5:12 pm Posts: 541 Location: Round Rock, TX
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 Re: Reckless driving
It will be hard to make that charge stick unless you completely screw yourself in court.
Reckless driving requires intent, all you have to say is that you saw an opening in heavy traffic, signalled and changed lanes. As you were changing lanes you noticed the car behind accelerating to close the gap and prevent you from moving over, but you had already committed to the lane change and felt it would be more dangerous to abort since the trailing car in the lane you were leaving was already moving forward to take your position. After you completed the lane change the car that was now behind you continued to move at a speed faster than the flow of traffic until the driver had to slam on their brakes to avoid rear ending your vehicle.
It is important to state that at the time you initiated the lane change there was sufficient room in the adjacent lane to accomodate your vehicle, and at no time was the driver of the other vehicle required to steer sideways to avoid a collision. Any avoidance maneuver required by the other driver was purely the result of that driver failing to yield in a reasonable and prudent manner and attempting to move into the blind spot of a vehicle that was obviously attempting to change lanes for the purpose of exiting the highway.
Do not even mention that the driver flipped you off, or that you returned the favor unless the other driver brings it up. If she does make sure that it is stated on record that the other driver initiated that exchange and you responded in kind because it seemed as if she was about to deliberately rear end your vehicle.
If the Fire Chief shows up and testifies the only question you need to ask him is if he was following the other car at a safe distance. His answer of course will be yes, so just point out that if he was driving at a safe distance (2 second gap) two cars back he would have to have been a minimum of 100-120 feet behind the point that the lane change was initiated with his view obstructed by the vehicle in front of him. His only perspective would have to have been that the woman braked hard to avoid a collision. He would have no way of knowing how much space was available to you, or whether or not the hard braking was a result of the other driver's failure to yield or not.
Remember that Reckless Driving is a misdemeanor so this is a criminal case and the burden of proof is on the accuser. All you need to do is raise is reasonable doubt.
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| Fri Jan 13, 2012 4:33 pm |
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Falcon
[n00b] Member
Joined: Fri Sep 30, 2005 11:00 pm Posts: 5230 Location: Rogers, AR
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 Re: Reckless driving
If n00bfest ever needs "real" counsel in court I nominate Shredder for the job
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| Fri Jan 13, 2012 4:55 pm |
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