Pleading not guilty to reckless driving?

Question

Here is the situation. My husband and I were on our way home one day in September. We were driving in a 55 MPH zone when my husband noticed a state trooper parked on the side of the highway. My husband let me know and I told him that I had nothing to worry about because my speedometer read 56. We then continued up the road when we saw a car fly past us(really fast). Next thing I saw(looking out of my side view mirror) the officer began to make his way into traffic. I was already in the right lane with a car in front of me and a car behind me( we were all moving with the flow of traffic). Next thing I know, he gets behind me and puts his lights on. I pull over without hesitating. He comes to my window and in a very rude voice asks for my license and registration. I ask him what I am being pulled for and he says going 76 in a 55. I immediately out of shock say"what"? He refused to listen to me. I told him that I looked at the speedometer and was not speeding..........

And I explained to him that I had seen another car fly passed me if it could be some kind of mistake with the radar or something. All he said to me was "tell it to the judge". I was very upset but cooperative because I knew that I was not going fast. Plus, I was in the right lane with cars in front of and behind me. Wouldn't that mean we would all have to be going 76? Anyways, I have had some speeding tickets in the past and have never denied speeding, I just went to court and paid my fines. I am just worried that it will make me look guilty and that nobody will even listen to my side. Here are my questions: Does my husband count as a witness because he knew exactly how fast my speedometer said I was going? I am already getting my speedometer calibrated but is there anything else I can do?

Answer 1

Yes...your husband can be a witness although the court may not forget that he IS your husband. I'm not saying that your husband would not be honest...but the judge will consider he may be biased.

Although you may not have been driving in a reckless manner if your speed was 56mph in a 55mph zone...but you just admitted you were speeding.

I may suggest to the judge that you may have been attempting to go with the flow of traffic even though you were going a mile or two over the limit.

This does not help, however, if the trooper tells a different version of the story.

I've learned there are always three sides to a story...your's...there's...and what most likely occurred inbetween the two stories.

I would hope the trooper nor yourself have fallen victim to mistaken identity but you should explain the details as they occurred. I'm sure the judge will take the other vehicle into consideration.

In the meantime...the flow of traffic can get one into trouble and isn't a good excuse when saying that after being stopped. It's like asking if you would jump off the bridge if you saw someone else do it too!

Good luck and Merry Christmas!

Answer 2

WOW... I can't help but wonder what in the world the above contributor did to the real KC Vtm contributor. This answer is so uncaracteristically non-dishonest.

The only thing that he said that is even inaccurate is that it is not true that there are those three sides to a story. Every story has the possibility of being perceived from an infinite amount of perspectives. Anybody who tires to say that "the truth is somewhere in-between" makes a very incompetent judge.

It really SHOULD be that if the truth isn't with the prosecution then the defendant should be found not guilty, but, in today's society, there are too many judges who really do believe that it's their job to give the prosecution more credit than they're due.

Nevertheless, my hat is off to KC Vtm for a very uncharacteristically non-dishonest contribution.

Here's my response:

NEVER EVER EVER argue with a badge-bearing bully. The more you do, the more they'll know how you intend to plead your case in court, and the more they'll know ahead of time to concoct a story to discredit your evidence. Simply let them write their ticket and let them think they're doing you a big favor.

THEN, IMMEDIATELY thereafter, demand through the prosecuting attorney a copy of the badge-bearing bully's video for several minutes before the beginning of the incident and several minutes after the incident, and if he does not produce it, file a complaint with the DA or whomever about the destruciton of evidence.

Hire someone who looks about like you to sit next to your husband in the 'defendant' seat, and have your husband appear to be whispering all the usual answers into her ear. When the badge-bearing bully takes the stand and it's your turn to cros examine him, have your husband appear to suggest that she ask him what you were wearing differently that day. If the badge-bearing bully says anything remotely like "I don't know, I just know it was you", is when it's time for you to stand up and let the whole court know what a fool he just made of himself.

Have your husband testify of the other conditions which would have been seen except for the destruction of the evidence.

Oh, and by the way..

NEVER NEVER NEVER argue with a badge-bearing bully. Just quietly accept whatever ticket he writes you.

Answer 3

Yes you can plead not guilty in court and tell the judge of the fact that another car flew past you and you believe it's possible he was tracking the wrong vehicle. It does happen on occasions that's why when I write someone I absolutely get them alone and if not i will have a detailed tracking history of the violator vehicle. We are afterall only human. Also bring your husband as the witness to the other car. Tell the judge not guilty and along with your calibration for your speedometer .