I hear that it's 20 miles over the speed limit... is that true?
Because I have also heard that you have to go double the speed limit to be hit with a reckless driving citation. Otherwise, you will only get a speeding ticket.
Or do the rules vary from state-to-state? Or is it really up to the officer giving the ticket?
Thanks for your help...
T.
2007-03-11 21:42:14 · 11 answers · asked by Theophania 4 in Politics & Government ➔ Law Enforcement & Police
In WA:
Technically, you can be cited for reckless driving at any speed, depending upon the circumstances of the incident. However, if speeding is the only thing you are doing, I usually cite reckless when you double the posted limit. I do this for a couple of reasons. First, I have to prove intent to charge you with reckless driving. That can be difficult if all you are doing is speeding. Second, reckless driving can be plead down to negligent driving 2nd (or dismissed if I cannot prove intent)and you pay a fine ($538.00) some of which you may not pay, depending upon the judge. This is an easy out for the defendant and all the paperwork I did is wasted. If I cite for speed, the fine will be over $200 (usually) and once the ticket is written, my paperwork is finished. A speeding ticket is a civil infraction in which I only have to prove by a standard of "more likely than not" where reckless driving is a crime in which I have to prove "beyond a shadow of doubt".
2007-03-12 06:15:56 · answer #1 · answered by Combatcop 5 · 1⤊ 0⤋
Most states carry laws that prohibit drivers from operating a vehicle in a way that shows a "reckless" or "willful" disregard for the safety of other people, including other drivers and pedestrians. In some states, the violation is called "reckless driving", while other states may use the terms "careless driving" or "dangerous driving" to describe the same violation. Some state traffic laws dictate that certain acts automatically qualify as "reckless driving", including:
Driving 25 miles per hour (or more) over the posted speed limit
Racing another vehicle
Trying to elude a police officer
On a two-lane highway, passing another vehicle when visibility of oncoming traffic is limited
If you need the reckless driving law for a specific state, post the state or states you need and I will post the law.
2007-03-12 08:10:04 · answer #2 · answered by dh1977 7 · 1⤊ 0⤋
you can be reckless and under the speed limit also if you double the speed limit you do not pass go do not collect 200 dollars and go directly to jail and in california you are not eligable for traffic school if you are 25 or more over the speed limit which is very easy to do on the freeway when there is no traffic and you could just be the unlucky one pulled over to be made a example of by getting a ticket however if that was the flow you were probably not being reckles just going to fast one good tip to look out for is if the officer seems to have other things on his mind when you sign the ticket move the pen around a bit like you are signing your name but just basically put a big ~~~----------------- squiggley type of a check mark for your sig then fight it and since it isnt your name clearly signed it will be thrown out by the judge even if the officer is there i have done it and it works brilliantly just dont do anything to upset the situation be respectfull sign it and be on your way out of a 300 or so dollar ticket
2007-03-12 05:30:08 · answer #3 · answered by blademan82002 2 · 1⤊ 0⤋
The officer determines whether or not the person was driving in a reckless manner. The statutes probably vary from state to state in regards to severity and maximum charges.
2007-03-12 04:49:41 · answer #4 · answered by AintSkeered 3 · 1⤊ 0⤋
It varies by state. Different state laws set different presumptions for what speeds can be assumed to count as reckless.
By legal definition, reckless means a conscious disregard of a known risk. Meaning the person was aware that a greater than normal risk existed, and chose to act anyway, regardless of the risk.
2007-03-12 05:02:01 · answer #5 · answered by coragryph 7 · 1⤊ 0⤋
The rules will vary first state to state, each state has its own driving codes, so the wording and what is reckless is written by each state.
Also within a state it can be different things, depending on the area you are at, school zone, city streets, a busy street, or a highway. what is reckless in one may not be in another.
2007-03-12 15:50:15 · answer #6 · answered by Anonymous · 1⤊ 0⤋
In most states, 15+ m.p.h. over the speed limit. It can also be an additional charge in certain circumstances, such as speeding in a construction zone, school zone, or departing the regular driving area.
The officer has the option to give you a citation if he/she desires to in most cases, with regard to traffic violations.
2007-03-12 04:49:42 · answer #7 · answered by Ben H 5 · 1⤊ 0⤋
Normally I'd tack that on if there were numerous lane changes with the speed. But in Texas it's a jail-able offense.
2007-03-12 06:30:28 · answer #8 · answered by dude0795 4 · 1⤊ 0⤋
In California, it's an officer's discretion and a combination of three moving violations. Example: speeding, unsafe lane change, and following too close.
2007-03-12 05:28:49 · answer #9 · answered by Marc 2 · 1⤊ 1⤋
it varies...most places its 20 mph over the limit though.
2007-03-12 04:48:03 · answer #10 · answered by CRmac 5 · 1⤊ 0⤋