What classify's reckless driving?
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What classify's reckless driving?
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I got a real bad case hanging over my head, I arrived at my girlfriends house around 9:30. I bought a real expensive bottle of vodka. I Admit we had a couple of drinks but i slept over there till about 4:00 then i left. I made a a wrong turn into a neighborhood and tried to make a sharp turn (not with excessive speed) but because of traction on my tires (which are real bad, you can see metal about to appear) i ran through two fences. Now at this point i know that im not drunk and i am a man who takes responsibility's for his action so i knock on the person's door but because of what time it was they were probably more scared then welcoming. I know there going to call police so i wait. I thought about throwing away the bottle that i bought, but was like nah, this was merely an accident.Police get there they ask if i had been drinking i said earlier but i was sober now. He gives me a sobriety test in which you walk a straight line and say abc's. I do that perfectly with no problem.Another officer is there and searches my car without my consent finds the bottle. The officer says i smell like i been drinking then handcuffs me and take me to the Atlanta detention center, where i was given breathalyser test,while blowing i see the test reading a .6, the officer covers the part where you can see what your blowing, then says i was not blowing hard enough, so i offered to take again. I blew even harder than i did the first time (all on camera), but still to no satisfaction of the officer. So then He marked the test paper with refusal to take the test even though i did not refuse. I was locked up. He Charge me with Open container,Hitting a fixed object, Reckless driving, and two dui's. Now i know im guilty of open container and hitting a fixed object, but i don't know what classify's reckless driving? i didn't feel i did anything reckless, if so then running a red light or any accident should come with reckless driving. The two DUI's i plan on fighting. Do I have a case? What can a public defender do for me? WHY was i charged with two dui's? There no way i can afford to pay all these tickets, and at the same time still lose my license. Does hitting an object raise your insurance, dido open container? Is there anyway i can beat this case? Why was i charged with two dui's? Should i bring pictures of my tires? Should i hire a real attorney? What do you think the outcome will be? any advice please
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tekwatcher
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Well, first off, a police officer technically can charge you with whatever they want. The question is, will you plead guilty/no contest or will the charges even hold up in court should you choose to challenge them. You need talk to a lawyer, one that could preferably save your but, but you may have to eat the open container and hitting a fixed object.
They have to prove the reckless driving, although I have a funny feeling you already admitted to that (driving too fast, trying to make a sharp turn, causing you to have your accident). You need to review EXACTLY what you told the police in the field and when they brought you in.
As for the two DUI's: Well, apparently, the first reading of 0.6 was wrong which means either something was wrong with the machine or you were not blowing hard enough. At 60% blood alcohol level, you would have been dead.
I can only assume the two DUI's was because the officer suspected you of driving drunk and then there is the "refusal" to take the DUI breathalizer. Both of which may be contestable. GO SEE A LAWYER! |
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hello
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the search was legal b/c they had probable cause.
the dui you can't really fight b/c dwi is .08, dui is anytime they feel that your alcohol inhibited your driving and they can prove you had alcohol in you.
the second dui, i don't know. you shouldn't be able to be charged with two incidents for one drive, unless they justify it by hitting the fixed object. other than that one, you don't have a leg to stand on.
no, don't show your tires, failure to maintian your car is not an excuse and may be an excuse to give you another ticket.
if you offer to pay, you may be able to get the home owner to drop the hitting fixed objects charges... depends on your state though, who's charging you.
and yes, a dui, reckless driving, all will push your insurance up...actually, it's the highest level of tickets you can get. |
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ASris
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Based on the facts you have presented, you are facing a total of four charges. Two DUIs, a reckless driving & an open container. Get a lawyer. A public defender gets paid the same fee whether he has only your case or a 10 cases on the docket. A private attorney of your choice is YOUR CHOICE. As to the charges, depending on the law in Atlanta, it could be a variety of things. However, in general, reckless driving is any driving behavior that endangers life, limb or property. So even if you endanger your own life, you could be charged with reckless driving. As to the DUIs, there may be defenses that only a qualified DUI attorney can advise you about. |
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Orlie U
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Mar B, I passed my driving test last week. Yes! |
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Lefty
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i think you may be in for a world of hurt, don't show the pics of the tyres that just shows you have neglected to maintain your vehicle, the dui's you may beat as you have video of you taking the test and they must record the reading and you are then to sign the form, so you should kick that, hitting a fixed object whilst driving a vehicle in an unroadworthy condition could get you a reckless charge, and I would guess your insurance would go up because you have had an at fault accident, next time don't knock on the door, just quietly leave, and later return in the dead of night and slip an envelope with cash in it and an unsigned apology for the damage, good luck |
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dirtytricksracing@sbcglobal.net
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Get a lawyer as PD is a sure ticket to more trouble. But your screwed he will be able to reduce it a little. |
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Oryx
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You do have a case. Talk to a few lawyers. You can probably sue them for wrongful imprisonment as well as searching illegally.
I got a ticket for swerving off the road (to avoid a deer) so they'll really ticket you for anything, that doesn't mean they'll get away with it.
If a lawyer thinks you have a case he'll represent you because if you sue he'll get a percentage.
Definitely bring pictures of your tires. Also mention that you went to the man's house. You didn't run away which would be a sign of being guilty of something. |
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