Question Details	Asked By	Asked On
Criminal Citation	YankeesRule	06/18/03
Do you have any tips on how to handle being cited for a criminal charge on reckless driving when you have to go to court... is there any chance the judge may drop the criminal charge? Is there anything you can say to help yourself out somehow? Thank you.
Clarification/Follow-up by YankeesRule on 06/20/03 4:20 am: About talking myself into being guilty, without lying, what am I supposed to say that would make me less guilty about what I actually did? The cop saw me going over 100 mph, and he saw me making aggressive lane changes right in front of his eyes. And since the judge will take his word over mine, even if I do lie, all I can think of to say is that I had no ill intent in driving fast to hurt or bother anyone, so hopefully they can move it down to a speeding ticket only. Any other suggestions? A local attorney fee seems to escalate over $700 so I really cannot afford that, unless you think the fine will be more than that.
Answered By		Answered On
Fr_Chuck		06/20/03
I don't know your exact statue and what it requires to get reckless driving, Locally here, anything over 30 MPH over the speed limit is allowed in the charge. What I have seen too many times in court, ( well sort of depends on what side you are on, since I am a LEO, retired now, we are always glad to get a conviction) But what I have seen happen alot, is this. The police officer not able to fully prove his point, not able to say how the person was clocked, just it appeared it was going a certain speed, and the person say something like, I was not going a 100, I was only doing 85. If it was a 45 MPH zone, it is still recless driving. The biggest mistake I see, which happens all the time, is when the police officer does not show up in court, happens all the time, The state can not prove thier case, you can merely ask for a dismissal. The judge may, or he may just re-set a new date, but after about two times of the officer not showing up in court, the judge dismisses the case. The judge will ask you when the officer does not show up, if you have anything to say, you ask for a dismissal, don't say anything about the event. You don't have to testify, And above all don't lie, just do not make a statement if you have to lie. It is the state that has to prove your crime, and you can try to show the officer could not have saw, could not have legally recorded the speed. Is the officer POST certified to do radar, if used, Was the radar on a street the department is licened to do radar on? Is the Officers yearly training up to date, if not, he an not legally issue tickets. You have the right to request all of that and tons of other documents

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