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jamest
jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience:  Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
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What grounds can I use to drop a reckless driving offense

Resolved Question:

I just got a ticket for reckless driving. I have a chevy truck that has no soft acceleration pedal but more of a clicking action. I was not burning my tires, but just getting out onto the road where there was loose gravel. My tires are right at the below standard point. I want to appear in court and plead not guilty, but what grounds can I use?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  jamest replied 8 years ago.
What is your location? These laws are different in different states.
Customer: replied 8 years ago.
North Carolina
Expert:  jamest replied 8 years ago.
Here is the states law
§ 20-140. Reckless driving.

(a) Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving.

(b) Any person who drives any vehicle upon a highway or any public vehicular area 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.


For a is must be shown that you
1. drove a vehicle in that state
2. The driving was carelessly and heedlessly. heedlessly means thoughtless.
3. the driving was either willful or wanton when it comes to the disregard of the rights or safety of others shall.

For a conservation under A they must show that you intentionally drove a vehicle in such a way that indicates lack of care, and this was known to be dangerous and is done anyway. You are driving in a dangerous way, you know that it's dangerous and you do it anyway.

For b they must show:
1. drove in that state
2. the driving was both without due caution and circumspection. circumspection means due caution.
3.and at a speed or in a manner so as to endanger or be likely to endanger any person or property

For a conviction under B they must show you drove without caution or care for others, and due to the high speed OR manner the driving was likely to endanger person or property.

manner really sums up most of the rest of the driving so, speed or any other attribute, turning maneuvering, passing ect, .


They can convict under section A or B, but it sounds like the two are so similar i do not know why that have two sections that really mean about the same thing. In either case the guilt rests on your mindset, it goes beyond a lapse of judgment, or briefly not paying attention, as if someone is messing with their radio and not looking and hit someone that would not usually be reckless because it did not go far enough towards establishing intent or disregard for safety. You just want to show what they are saying or have to show in wrong and does not represent your driving.
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