Can you recieve a reckless driving summons without being pulled over?

Question

I recieved a reckless driving summons without being pulled over. I was at work on a saturday and came home to a summons on my door explaining that friday night I had been spotted driving recklessly and was due in court a week later. It had no other details, no speed, and no speed limit. I'm unsure what I actually did wrong so I'm not sure what to even tell a lawyer. When I spoke to the officer on the phone he asked me where I was Friday night and told me to come down to the station to discuss the summons. After I refused he became angered that I wanted to "make things difficut" I really don't know what I did wrong and the only think I can think of would be speeding. I don't want to spend the money on a lawyer but it looks like I'll have to. Any advice or similar experience?

Answer 1

Yes, they can send you a summons. This is commonly sent to people who do not pull over to let an ambulence or firetruck pass when their siren is going, they write down your plate and send you a ticket in the mail. You really don't need an attorney becuase if they sent you the summons, they already have their mind made up that you are guilty of reckless driving, the only thing that you can do is maybe say that it wasn't you driving, you let a friend use your car...

Good luck!

Answer 2

Yes, this happens quite often. What others have mentioned about your tag number being taken down, and a complainant having called the police is probably true. There's obviously enough evidence to issue the summons, but if you feel that you're not being fairly treated, I suggest go to court. You have the right to question the officer and other witnesses in court, and the officer will have to prove your guilt beyond a reasonable doubt. Also, if you want more information about the case, I would talk to the Court Solicitor (prosecuting attorney), and then you can get a gist of the evidence against you. If the case is weak, the Solicitor might drop the summons. You never know til you try,and you can always get the case continued to get an attorney if you feel intimidated.

Answer 3

As an officer...I know that the summons can be mailed! However, in my own state a reckless driving offense is normally an offense where you'd make an immediate contact with the violator, however, that's not always the case!

Reckless driving doesn't always mean a speed issue. In my own state Reckless Driving is defined as:

Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard for the rights or safety of persons or property, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving.

The complainant making the observation COULD be an officer or a civilian who filed a complaint. Once you appear in court...your "accuser" should also be present at which time they will provide their evidence against you!

Had you gone to the police department to discuss this issue with them...you could have always invoked your 5th Amendment Right to counsel and silence yet you could have also become aware of the actual complaint and prepared for a defense if there is one.

It's sad that our roads have become seriously dangerous due to drivers becoming less attentive to their driving while engaged in cellphone conversations, reading papers/books, applying make-up, typing on computers, and other distracting activities.

You can certainly appear in court without an attorney and then ask for a continuence once you've learned the nature of the offense. Plead "not guilty" and request legal counsel if you feel it's a case where you should have representation. Yet, once you learn of the facts concerning this incident...there may be a logical answer for what occurred and be able to handle the incident without further delay.

This is a violation of which a guilty verdict will most likely be a traffic fine and possibly court costs. An attorney will be extra...of course!

Best wishes!

Answer 4

To receive a summons, there must be a complainant that filed the complaint of reckless driving against you. There must be some sort of investigation done to determine if the charge of reckless driving is indeed the charge. Like if your license plate is the one that the complainant read at the time. Also the complainant must identify you clearly as the driver of the car that caused the complaint. If he can't, they can't charge the car alone. The complainant must identify the car also, if not the make, the color and or body design. That cop on the phone wanted you to report to the station to implicate you for the violation. Check all those conditions and if they have a case, get an attorrney. If nothing else, find an alibi for the Friday night accusation and beat the case.

Answer 5

I would speak to the police officer, get the information but say nothing....... just leave as saying anything may admit guilt.

I wouldn't do the lawyer thing yet.The cop can not prove anything or prove that it was you regardless of what it is. What he just sits on the side of the road, takes down plates and issues summons? Instead of going through channels he just wrote a ticket and left it on your door? Cops don't do this. Something smells here.

If you do get a lawyer and win nail the cop for wrongdoing. Have your lawyer say that you will sue if you have to...... and the prosecuter may let you go regardless.

Answer 6

yes they can mail the summons, you will need to appear and face the charges, then if you feel you need an attorney you can inform the court that you want an attorney and get a continuance, but you must appear.

Answer 7

Sounds crooked to me.