99RioRedVert

First, I just want to say to everyone here, WEAR YOUR GEAR!

I lowsided on my way to work last Friday. I was wearing my leather jacket, gloves, and work slacks. I have abolutely no damage to my upper body and a bunch of rash on my legs. I cringe to think what would have happened if I was wearing shorts and a t-shirt.

I need a lawyer because I received a ticket for reckless driving, even though the officer agreed I was not speeding or doing anything stupid. Basically, he said he had to give me a ticket for something and this was the only thing that fit.

Has anyone had this experience? Know a good lawyer?

No cop bashing please. I just want to get this resolved. Thanks!

Here are some pics of my bike:

Chino

doubt you need a lawyer..just go to court and tell the cop to tell the judge that u were not speeding or being reckless.

DickButt

I've heard of this before but only when there was another vehicle involved to prove fault to the insurance companies. I don't know why it was needed if this was a single vehicle accident.

99RioRedVert

I'm just afraid that I'll show up at court and say the wrong thing or not say something that is important. Reckless driving is a class 1 misdemeanor. Its not a simple moving violation, its a criminal offense. This could actually affect my job, as I work for a defense contractor on classified Navy stuff.

I dunno. Am I overhyping the situation? I've never even been to court before, so I don't know what to expect.

Thanks

FairladyZTT

This is what you do... No worries...

You need to just go to court without a lawyer. Just so you can see how the cop is going to handle the situation. Do not continue the case.

You go in front of the judge and plead "Not Guilty". See what the officer has to say. He may tell the judge that nothing appeared to be reckless but that he needed to issue a ticket.

You explain your story to the judge. Tell him that you were not driving wrecklessly, that you were riding and an unknown factor came into play. Thus causing the accident that resulted in no other losses or injuries other than your own.

See how the judge takes it. He very well may just dismiss the case or give you a lesser charge.

"IF", however the cop tries to throw you under the bus and/or the judge is not sympothetic to you plea of innocence. Then you simply leave the courtroom. Go to the clerk of court. Ask for an appeal.

Once you have your appeal date. You can go obtain a lawyer. At this point you will be able to tell the lawyer exactly what the cop said in court and the lawyer will be able to put together the best defense possible.

Also... pictures may help if you can visually see any of the contributing factors that caused the accident.

I would hate for you to pay $500 - $1000 for a lawyer to go to trial and the judge throw it out before the lawyer says 2 words.

edit:
try not to be too nervous. The judge makes the final decision. But most of them are human and will listen to what you have to say. Just explain it to him like you would anybody. He deals with it everyday. He will take away from the story what he needs to make his ruling.

DickButt

I didn't see you state it, but what exactly caused the accident?

Cobra4B

Accident details would help greatly.

slow97DSM

+1 this guy gives alot of advise

specialblend154

it may be a hassle if you go to court without a lawyer and bank on taking the appeal route. if you are found guilty than appeal then the charge will make it onto your record then you will be forced to jump through the hoops in order to get your charge expunged.

i would go in there and explain the situation, if you feel like he wont lessen the charge or drop it just ask for a continuance in order to obtain a lawyer. i would also mention that you work as a contractor and that it may affect you work status. Judges will most likely give you leniency if they know you have a good job and your not some idiot racing around on a bike.

FairladyZTT

You must not know anything about the judicial system.

First off... if you appeal the case. It does not go on your record. You are appealing it because you feel that you have gotten an unfair ruling. In which it is your constitutional right to get a fair trial.

So. You are given a separate date with a different judge. Nothing from the first ruling is allowed to be used in the second court hearing. It is a completely new hearing, as if the first one never exsisted. This is to ensure that you are getting your fair trial.

When you go into court. The judge will ask for everybody that wants a continuance before he starts with the cases.

Then when you go before the judge. The judge will ask you if you have a lawyer. You will have to answer him at that point. When you say "no"... the judge will give you a piece of paper to sign that says "I waive my right to counsil". At this point you cannot ask for a continuance to obtain a lawyer because you have already waived your right to a lawyer.

Please do not give legal advice if you do not know what your talking about. You are going to cause more damage than good.

At this point if he would take your advice. He would go in the courtroom. Sit through the continuance line. Then go before the judge, waive his right to counsil, enter a plea, and then if things didnt look good try to get a continuance.

The judge would look at him and say. "Were you not here on time when I asked for anybody that wanted to continue their case?"

Now you have to either tell the judge that you are stupid and were not listening to him when he as if anybody wanted to continue their case. You can tell him that you were late for you court case and was not not present when he asked for people that would like to continue the case or you can tell him that you were trying to see if he was going to dismiss the charge before asking to continue the case.

That sounds like a really good way to piss a judge off by making a mockery of his courtroom. I would hate to see you go before the judge.

edit:
Just reread your post... when you appeal a case... it is as if the case never happened. So... no ruling or judgement will be put on your record. This is why you can only appeal a case one time. Why would you be able to appeal it if it went on your record anyways? Then you would go to court twice for the same offence and get 2 charges?! That really doesn't make sense man.