need some advice from AO police offers

[shartley]

Originally posted by aaron_mag
Ha! I know Mango, Shartely, or Restola would have pulled a donut in an empty parking lot at 17 and they would have all complained about the ticket! It is human nature to want to try such things out. Plus it is good practice for snow driving (turning into the spin, etc.)

[cphilip]

You can't apply first offender program rules to traffic violations.

If I were you I would dress nicely and go to court and politely ask for it to be reduced to a driving too fast for conditions. If you are polite and nice and it's your first driving violation the judge may, and most probably will, do that. It's not as bad on your record and its cheaper on your insurance to have one of those. Reckless driving is a big one. Its biggest cost is in the long run. Three years on your record and it will be expensive when it hits your insurance.

[oldsoldier]

Actually, it may no longer even matter if the officer shows up or not. In MA, they passed a law that only requires a "representative of the department" to be there. That can be pretty much anyone.
Now, according to the Letter of the Law, yes, you broke the law. However, according to the Spirit of the Law, no, you are not in the wrong. When you go to court, tell the judge what happened. He may just require you to pay the fine, and not add points.
I saw one of our locals doing that in a parking lots one night here. I pulled in, cuz all I saw were lights doing donuts...well, they saw my jeep, flipped on the wig wags, and sped out of there.

[shartley]

Originally posted by oldsoldier
Actually, it may no longer even matter if the officer shows up or not. In MA, they passed a law that only requires a "representative of the department" to be there. That can be pretty much anyone.

[shartley]

Originally posted by oldsoldier
I saw one of our locals doing that in a parking lots one night here. I pulled in, cuz all I saw were lights doing donuts...well, they saw my jeep, flipped on the wig wags, and sped out of there.

[1stdeadeye]

Actually you can.

Originally posted by cphilip
You can't apply first offender program rules to traffic violations.

Actually, Probation before Judgement is available for traffic offenses. My brother got this in Maryland for a speeding ticket. It does work.

[Collegeboy]

In Bama you can apply it to traffic laws.

[aaron_mag]

Originally posted by shartley

Then you got the point of my post. I did not say he was NOT in the wrong or that it was the police officers fault. I was just pointing out that while we were saying he should drive safer from now on we are not "above" what he did. *EDIT* Some of the posts made it sound like he had broken the sanctity that is the foundation of our society when all he did was do some donuts in an empty parking lot. *EDIT*

I agree with you. I have been caught speeding myself and don't argue with the officer. I am very conscious of getting repeat tickets in a row (due to insurance factors) so I've been driving like a granny for awhile now

This story does remind me of the time when driving was a new thing rather than the current state when the wife and I argue over who's turn it is to drive.

[Splathappy]

[ShooterJM]

That sucks man. Not sure about the exact laws in Colorado, but I think there has to be a reason for an officer to be on private property. I know there used to be a cop who parked by my friends house on their private road. He'd just sit there and pull over people "speeding". My buddy's dad asked him to leave, he wouldn't, so the dad called in a complaint for trespassing. Pretty funny. Wonder if it just depends on individual state laws or something.

[hitech]

Find out what the EXACT wording is for reckless driving. It is quite possible that it does NOT apply to private property.

Also, if you take it to court the officer can ONLY testify from his personal memory. He can us his notes/report to refresh his memory, but the testimony must come from his own personal memory. At least that is true here in CA.

Also remember, you probably can be convicted based solely on your own testimony.

Good luck. Next time, don't do it. Someone could have been walking that you didn't see.

[hitech]

Originally posted by oldsoldier
Actually, it may no longer even matter if the officer shows up or not. In MA, they passed a law that only requires a "representative of the department" to be there. That can be pretty much anyone.

That is odd. How can someone who wasn't there testify to what happened? Seems like a law waiting for a challenge.

[Mango]

*sigh* you people are over analysing the situation. A quick look at the Michigan State Legislatures laws regarding Reckless Driving sees that, under Act 300, section 257.626 the definition is clear:

257.626 Reckless driving on highway, frozen public lake or parking place; penalty.
Sec. 626.

(a) Any person who drives any vehicle upon a highway or a frozen public lake, stream or pond or other place open to the general public, including any area designated for the parking of motor vehicles, within this state, in wilful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b) Every person convicted of reckless driving shall be punished by imprisonment in the county or municipal jail for a period of not more than 90 days or by a fine of not more than $100.00, or by both.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;--Am. 1953, Act 3, Eff. Oct. 2, 1953 ;--Am. 1957, Act 178, Eff. Sept. 27, 1957 ;--Am. 1965, Act 262, Eff. Mar. 31, 1966 .

There it is! No questions. Parking lots are public property. Case closed.

Now, the only differnce is that the officer has discretion. He can just about always choose to write the summons or issue a warning. Under those conditions, a summons was more than justified.

And whether I would have done donuts or not, if I were in my Camaro, you bet I would have!! Only, I would have drove around the perimeter first and checked all the hideing spots!

And if I got a ticket for it, I would man up and pay the price. No excuses!

[hitech]

Originally posted by SprayingMango
*sigh* you people are over analysing the situation.

That's me!

BTW, is he in Michigan?

[shartley]

Originally posted by hitech

That's me!

BTW, is he in Michigan?

cheetah256
i am root!

Registered: Oct 2001
Location: michigan
Posts: 298