Go to court and explain the reason and hope the judge agrees, but watch out if you have a lot of speeding or reckless driving tickets.
My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.
In order to issue a citation for reckless operation pursuant to R.C. 4511.20, an officer does not need to observe speeding or use a radar. While excessive speeding is one action that could result in this citiation, it is only one of several. Reckless operation is a very general offense that can be issued anytime a person is alleged to have driven in a manner that said to be a "willful and wanton disregard of the safety of persons and property." That said, depending on the circumstances, there may be defenses to the charges.
In any case, I highly recommend that you consult with an attorney as soon as possible to review your situation and potential options.
Robert P. Soto
Attorney at Law
Stephen A. Skiver & Associates, LLC
28350 Kensington, Suite 200
Perrysburg, Ohio 43551
Phone: (419) 931-0067
It depends on what the officer says was the Reckless event. Speeding is not in and of itself a reckless event. I disagree in part with another post on the issue of a radar gun reading if citing speed as the reckless event. The Ohio Supreme Court said that an officer could estimate the speed however the Ohio Legislature took heat on this issue and said that the officer could not visually estimate speed. The Officer has to have a radar reading or pace the driver in order to show excessive speed. I caveat all this with there are other things that are considered reckless other than just speed. If the car lurched/jumped, squealed, or swerved then the judge could believe this was reckless. If you are serious about fighting the case you need to hire an attorney. The court can suspend your license for this event.
Attorney Chris Beck
Beck Law Office, L.L.C.
1370 North Fairfield Road
Beavercreek, Ohio 45432
(937)426-4000 phone (24/7)
The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner
Fight it. Reckless operation in Ohio is subject to a rather subjective standard of proof. If you have witnesses that will testify to the fact that you were not creating an unreasonable risk of danger, the prosecutor will generally listen. Obviously, it is worth noting that at the end of the day, it would come down to your word versus the officer's. But no matter what, an experienced criminal defense attorney can help paint the picture that all is not as was explained by the officer.
Always consult with an Attorney before taking any course of action with respect to a legal matter. I provide the above communication for general informational purposes only. This transmission and any subsequent transmission from Dennis E. Sawan, Esq through Avvo, is not intended as legal advice and no Attorney-Client relationship is meant to be established.
I am having a hard time wrapping my head around the facts here...I have been driving a 6 speed for MANY years, and your argument is that you "hit your car into first gear with your knee, then when you realized you shifted into second". I'm either not understanding the facts or your story makes absolutely NO sense and just sounds made up. You have the absolute right to fight this case. You can have a jury trial if you like. The officer will testify, and you are free to testify if you want or not. If you do testify be prepared to be cross examined and your story examined thoroughly. I would argue that your story as I understand it does not pass the "straight face test." If I were you, I would hire an attorney and seek a reduction. (or have a trial, if I am misunderstanding your facts) Good luck.
The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.