Reckless driving charge

[1969CoronetR/T]

I have a 2014 Jeep SRT that with Stainless Works exhaust headers nad free flow catalytic converters. The engine is leaning out so I need a custom tune. I purchased a Diable inTune and the Johann at Diablo can give me a custom tune for a small 'donation'. He needs WOT recordings as well as normal driving to change the engine parameters. Back in July 2015 I decided to go to an empty part of the Pittsburgh Mill Mall parking lot to do the WOT testing. On the way there, I had a premonition that I am going to get a ticket, but proceeded to go to the back of the mall on a Wednesday at 9:30 AM. The mall is dead and the parking lot has four cars in it. The lot is at least a 200 yards long by 400 yards wide, perfect for a quick jaunt on the throttle. Plug the tuner in my OBD II port hit record and flat foot it. Hit 60 MPH and stop to turn around and do it again. After the second WOT I leave the parking lot and head on the access road to get coffee. Three minutes later I see lights in my rear view mirror about a half mile behind me so I stop and wait for the cops to greet me. The 25 year old cop gets my license and registration and asks me if i have 'anything in the vehicle that he should be aware of' to which I tell him that I do not have any weapons in my vehicle. He then tells me he is getting a strong smell of marijuana coming from my vehicle. I have to teach the rookie that the smell is my exhaust and I do not drink alcohol or do drugs and I run 3-5 miles a day and take my health very seriously after I had four stents put in my right coronary artery two years ago when I was 39. He comes back and issues me a Reckless Driving and a Careless Driving Charge. Reckless driving charge is a loss of license for 30-90 days so I ask he to reconsider as I own a company and can not lose my license. He refuses and I contest the charges and plead 'not guilty'. The Magistrate lives a few houses up from my office so I think my chances are good since I was on mall property and is not a state roadway. My hearing was today and the young officer agrees to drop the Reckless Driving charge if I concede to the Careless Driving charge. My attorney agrees even though I wanted both dropped, but I figure I will take the lesser of the two charges. Three points on my record is better than losing my license. I owe my attorney a bottle of wine for his services. I suggest that everyone plead 'not guilty' as the cop was making deals with me and the other delinquents in the waiting room such as writing people up going 5 over and no points instead of what they were charged. It may chew up a few hours of your time, but I think most officers and magistrates will lessen the charges when contested.

 

[Richard Cranium]

Bringing a lawyer always help.

 

[petieg383]

The entire pleading process is something I don't understand. I was pulled over about 10 years ago doing 88 in a 55. I just wasn't paying attention. It was nice out, windows down, good tune on the radio and bam I got caught. The officer came up to my window and said 'License and registrations please. I pulled you over for speeding. You will be receiving a ticket'. I didn't even get to say hello. 5 points, driving school and a nearly $375 fine. Of course I fought the charges. I plead down to 3 points and a $100 fine. The kicker is that I offered to pay the full fine and no points, as I didn't want the insurance premium increase hassle. The officer said the judge would never go for that. It's the first and only speeding ticket I've ever had, so it's not like I had a history of driving issues either. Why in the hell would they care about the points when they could get the money? Hence my confusion.

Glad it worked out a little better for you than it could have.

 

[Richard Cranium]

Why in the hell would they care about the points when they could get the money? Hence my confusion.

It's called collusion with insurance companies.

 

[ws27]

Are you sure motor vehicle laws apply to private property. Here in Mass they do not.

 

[Funship32]

I agree with WS27- I'm surprised he could bother you regarding what you did on private property.

 

[Beekeeper]

My nephew had an accident in a shopping center parking lot and the other driver was at fault but the cops couldn't write up who was at fault because they said the
had no jurisdiction in store parking lots.

 

[Seventy]

Thats private property weird, unless its not private and is a named street, who maintains it?, do state trucks plow it? Was there a posted limit?

Well anything is better than losing your licence. figure you were getting that knocked down just by showing up to court, i thought the lawyer would be able to get it all wiped, unless you are habitual, but it down't sound that way..

My brother was on a side street (all businesses ) at 3 am where we normally go to "test" cars. Well he was being a tool, 3 am, he was out with his buddy on the way home and decided to go down there and act up (600hp 700ft lb big block stroker in a 72 z28 with a 5spd stick 4.11 rear end, lever actuated dumps). So I am sure he was blasting around that block, its 4 street, about 3/4 mile square with a HUGE storage lot in the center, they park new cars fresh off the boat in there, BUT at 3 am not a sole around, although they have security, I normally bring them coffee, BUT I normally go around 8pm, the place is a desert and I NEVER had a problem..

So he is back there about 20 minutes, BLASTING around, I never took his car down there, but I built it, and I drove it and with him, I am going to guess he was doing 140 then slowed to 5 to take the turn then 140 and repeat.... That care can do that forever, We spared no expense on braking with directional wheels that cool them...

So all of the sudden he is surrounded by cops, they tow the car, arrest him, and the whole 9, he gets in front of the judge a month later, and they wrote him up for reckless driving and driving to endanger, he of course got a lawyer, I was in court with him and the first thing the judge asked was if he had been drinking, and he told the judge "no, I don't drink your honor, I spend all my money on my cars", the jusge laughed and said " I know the feeling", he asked asked if he had other license trouble or tickets, and my brother said " 1 speeding ticket about a year ago",, judge asked what happened with it, he replied "good driving record took care of it", so the judge said pending verifying charges dismissed.... Even the lawyer was surprised, lol, the cop was pissed, and about 2 months later I was down there testing a chevelle and the security that I just spent 15 minutes showing my car, comes racing down the street flashing his lights, pull on the side of me and said cops were coming, he let me pull behind his trailer and hide, lol... I don't go down there as much, the last time I went, I brought some coffee to the guard and he said "I dont drink coffee", so I said "I can go get you a beer, Dean used to let me blast around a bit and give me a heads up of any trouble" He said "dean works days now" and turned his head, little prick, so I left...

Now I test stuff at the thompson race track, much easier of a situation, plus I get timed laps, but you can easily get carried away, AND its not free, but its a lot less gas to get there than Quonset...

I need a tire dyno, lol...

ANYWAY, good to hear you still have a licence, them srt jeeps are sexy.. I have a loaded 14' rubicon unlimited white with saddle leather, nav, 4.56 danas, upgraded axles, brakes, track bars, lifted almost 4"s, steel bumpers, winch, exhaust, intake, etc... Its fun with the pentastar not a rocket ship with the big tires, but 300hp-ish it goes good enough... When that motor or tranny gives me trouble in the future shes either getting an LS or mabye a cummins...

 

[mmissile]

Need a better lawyer....and those cops need to be bitch-slapped, if everything was as you reported it.

 

[Car Nut]

Maybe he didn't get his donut and coffee!

 

[440+6]

My understanding is they can write tickets in parking lots if it's open to the public, like a shopping center.

 

[Hemi Rebel]

Considering it was after the fact and you had left the scene of the "crime", what evidence did he had to prove you were driving recklessly? If he wasnt there, didnt have you on video or anything, how could he prove it was you?

 

[Moparsmitty]

My understanding is they can write tickets in parking lots if it's open to the public, like a shopping center.

That can vary from from state to state and from one jurisdiction to another. In some places the private property owner (the mall in this case) would have to file a complaint and/or press charges. It may also depend on what constitutes a public right of way where you were stopped. Always a good idea taking a lawyer with you to court that's familiar with local laws. Where I live the police can only come onto private property to enforce traffic law if there is a hot pursuit or a complaint from the property owner.

 

[440roadrunner]

You need to get a lawyer. Period. This can bust your *** in a couple of years if 'anything else' should happen to happen. Notice I said nothing about what the lawyer will cost. That is irrelevant.

So far as "on private property" this depends and might depend on the state. "Reckless driving" statutes are NOTORIOUSLY vague, and can be argued up by a smart prosecutor, and swallowed easily by a hanging judge. You can get yourself royally screwed on this deal.

And bear in mind that once you plead a 'deal' you can not, as a rule, go "back" and appeal or get it otherwise changed.

GET a lawyer

 

[metaldad]

better call saul.
[video=youtube;7404XMzHr-M]https://www.youtube.com/watch?v=7404XMzHr-M[/video]

 

[ILLDuster74]

Your lucky all you got was a careless ticket, they could have arrested you for criminal trespass. You were not a paying customer to any store at that mall. You were trespassing and committing several moving violations. I like how you act like your some big shot since your older than the officer and work near the magistrate. Then you should have known better than do that! You could have spent the money on a dyno and not endangered people and yourself by making runs in a parking lot. Now you have a ticket and lawyer fees to pay.

 

[Roger63]

I received a speeding ticket in my semi 2 weeks ago in a small town in oklahoma, he pulled myself and another truck over for doing56 in a 45, wich is debatable. But as he hands me my ticket he says, with your good driving record theD.A will give you a 3 month deferment with the $192 fine and the $128 deferment charge we will keep it off your state and federal cdl. Extortion?

 

[1969CoronetR/T]

Your lucky all you got was a careless ticket, they could have arrested you for criminal trespass. You were not a paying customer to any store at that mall. You were trespassing and committing several moving violations. I like how you act like your some big shot since your older than the officer and work near the magistrate. Then you should have known better than do that! You could have spent the money on a dyno and not endangered people and yourself by making runs in a parking lot. Now you have a ticket and lawyer fees to pay.

I admit I was foolish but I was nowhere around any person or car. The nearest car was 100 yards away. Most cops are very nice and this cop gave me two tickets that contradict themselves. You can not give someone a careless driving and a reckless driving charge for the same offense in Pennsylvania. The roadway is not a state road and is maintained by the mall. The lawyer was free as he is a friend of my brother-in-law. I agree he may have been able to got both charges rescinded, but Indid not want to press my luck with him or the magistrate that I loosely know. I do not think I am above anyone just b cause I am slightly older than the cop. There are no AWD dyno's in my area so a street tune is all I can do. I was wrong and now I have three points on my record.

 

[Dennis H]

Sorry to hear this. Sounds like bullshit to me, and I respect LEO's. On the highway, I won't drive a mile without my Valentine 1 Radar. Parking lots can be tempting.

 

[steve from staten island]

I admit I was foolish but I was nowhere around any person or car. The nearest car was 100 yards away. Most cops are very nice and this cop gave me two tickets that contradict themselves. You can not give someone a careless driving and a reckless driving charge for the same offense in Pennsylvania. The roadway is not a state road and is maintained by the mall. The lawyer was free as he is a friend of my brother-in-law. I agree he may have been able to got both charges rescinded, but Indid not want to press my luck with him or the magistrate that I loosely know. I do not think I am above anyone just b cause I am slightly older than the cop. There are no AWD dyno's in my area so a street tune is all I can do. I was wrong and now I have three points on my record.

I think your lucky with only three points. I think many of us did what you did sometime in our lives the only difference being we may have been much younger. Honestly you made a mistake and its time to own up and take it on the chin. The other thing is 9:30 am is not that early and you admit cars were nearby as 300 feet is not far away,60 MPH is fast. The state road argument as a defense is a poor one. You were in a public area and the authorities see what you did as carless and dangerous. I feel bad for you but honestly just admit a lapse in judgement and move on