posted
I was on my way to work this morning and not 1 mile from work when i get pulled over. I take my seatbelt off to get my wallet out. The Trooper comes to the car and demands my license and registration. I ask what I did. He started by saying I was driving without my seat belt. I told him, no I took it off to get my wallet. He said that I put my foot into the car and gave it everything it had making my turn onto the highway. I said no, I was accelerating into traffic. He then say that I broke my tires loose and spun them. He said that in the commonwealth of Va. that is concerned RECKLESS DRIVING.
He went to his car. He came back and handed my ticket for reckless driving. I said you have to be kidding me. I said show me where I left rubber on the road. He said I don't have to. I asked if I were speeding he said no. I said did I lose control of the car, he said no. I asked was the any sign of me spinning my tires, he said no. I then asked how that classify as reckless driving. He said because he said so. He goes no to say the other trooper agreed with him. There was a trainee riding with him. I told him he was wrong and what he was doing was wrong. We argued back and forth for a few minutes. He then said he had 3 witnesses. I said just a minute ago you only had 2, where did the other one come from. He said the service manager for the local Ford dealer was standing there talking to the him when I went by. He then said if I wanted to argue, I could argue with the judge.
I was so pissed off, I almost got out of the car and beat the **** out him. I have not had a speeding ticket in 14 years. When I get them, I just pay then because I'm guilty. I'm not in this case. I went back and took pics of the road from every angle showing there are no rubber marks. I got a pic of the dealership and where the service department is relative to the road. The Code of Va defines Reckless Driving as:
§ 46.2-852. Reckless driving; general rule.
Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
(Code 1950, § 46-208; 1958, c. 541, § 46.1-189; 1983, c. 380; 1989, c. 727.)
My boss was in front of me and saw the whole thing. He is willing to trestify. The problem I have though is after reading the code, it is left to the descretion of the cop on what he believes. There is no pyhiscal proof that the tire spun. I gunned it, but not as hard as he said. what else do I need? Is/are ther any specs on the ASR system to show how it works?
posted
If you had the "traction control" on, you could ask a GM technician to attend court with you and testify it's almost impossible to do what you were accused of with the ASR on. Remember to point out the ASR is passive - it's always on, does not need to be "turned on" by the driver.
I would fight that one all the way. Reckless driving here is a 50% surcharge on your insurance for 3 years! That adds up to some big$$.
posted
Just go to court and fight it - you'll win. Most likely, the cop will not show and you can walk. If you want to be sure, hire an attorney who specializes in traffic tickets. I got a speeding ticket in spring going to visit Steve da Wrench in Portland. I spent $350 for the lawyer and the ticket was dismissed.
posted
There are many times that I have accidently spun the tires with the asr on and all it did was chirp like a baby bird wanting dinner. I used to live in virginia and know that some of the troopers have a stick up their @$$. there is no way that what the cop says you did you did if you had the asr on. you should take the advice of the other person (sorry i forgot who suggested it) and find a local dealership, "borrow" a tech, for a day, and fight it all the way. Good luck dude. Posts: 237 | From: Yorba Linda California | Registered: Aug 2002
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posted
First of all, ...plead NOT Guilty. Chances are the trooper will "plea bargain" when you go to court, dropping the charge to something less. Hopefully you didn't 'piss him off', ...so that he remembers you (could decrease his willingness to 'bargain'). I'm not so sure it's an specifically an issue of 'the tires breaking loose' as much as it may be 'accelerating too quickly', ...but regardless of why he pulled you over, ...the bottom line is you got a ticket. As much as it S*cks that "the cop is always right" (and many times they aren't), ...but they are still right, ...it will NOT help to argue with them. DOCUMENT the conversation that took place when you got pulled over, ...EVERYTHING that was said/discussed, ...just in case you need it, and the sooner you do this, the more you'll remember. If you decide to get a lawyer, ...I'm sure they'll ask you this anyway. ...hope this works out...
Posts: 1046 | From: Pine Bush, NY USA | Registered: Aug 2001
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posted
GET A LAWYER. Also, when you go to court take a copy of your driving record even though the Commonwealths Attorney will have a copy.
My husband just went through something similiar. He was turning left onto Mechanicsville Turnpike from Bell Creek Road and there was a cop (county man 1) sitting in the Taco Bell parking lot and one sitting on the on ramp to 295N (county man 2). County man 1 called County man 2 and said that my husband ran a red light. County man 2 pulls my husband over and writes him a ticket. My husband argued with the jerk and told him the light was green when he went through it and changed to yellow while he was in the middle of the intersection (which is true). Anyway, my husband was given a ticket. We decided to go to Court to fight it. When we arrived, they were ready to charge him and be done with it. But our lawyer talked to the CA and he reduced the charge and my husband was ordered to driving school.
If you need a lawyer call the Virginia State Bar lawyer referrel line at 804-775-0808 or e-mail me and I will give you the name and telephone number of a few lawyers that I know and used to work for.
-------------------- Alicia Leadfut2002@yahoo.com 2002 35th Anniversary SS LE T-Top Coupe, Bright Rally Red Paint w/Silver Stripes, Ebony/Pewter Leather Interor & A4 Transmission. SLP Production Number: 3562 Posts: 204 | From: Mechanicsville, VA | Registered: Jan 2002
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posted
I'd mention as much details as possible in court, go as far as a lawyer, I'm not sure. Just wanted to add, if your tires did slip perhaps, is your tire tread running low? Maybe that could also be used as an excuse, even with my ASR on, the tires have slipped before. In any case, I don't see why you can't win the case and have the ticket dropped. Good luck!
-------------------- 2004 Cavalier LS Sport Coupe Manual,Sunroof,16" Chrome, Zaino!!! http://community.webshots.com/user/pazbich3 Used to Drive: 2001 Camaro SS #3220 Posts: 2651 | From: Enola (Harrisburg Area), Pennsylvania | Registered: Jan 2002
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Joey Red
You want me to take care of these guys for you?
Member # 550
posted
You....aaaaa...you want me to take care of dis guy? Posts: 1413 | From: Wappingers Falls,NY | Registered: Jun 2000
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