"20 something driving daddy's dodge 4x4"............The worst of all possible worlds.

Lawyer up, Don.

 

The idiot cop gave Harley a reckless driving ticket FOR CHASING DOWN THE MORON!!!
I had a talk with the local sheriff this morning, and he said it won't stick though. We'll see.....

 

How about a ticket for the guy who rear-ended Harley?
Or did the punk-azz not admit?

How did the cop/SD not see what was really happening here?

Gotta get going to my lousy new shift hours real soon.

 

The cop gave the other guy a reckless driving ticket also, but was new to the traffic division.

Luckily, the Morrow County sheriff is a close friend of mine. I called his office this morning and he is in Portland today, but will call me as soon as he get's back. I will DEMAND that Harley's ticket be rescinded....

 

well lets see Hit and Run, Assault with a motor vehicle, failure to carry out the duties of a driver, Jim please join in.

 

The guy should have been arrested.

 

Yup. If Melody is hurting, that's an "injury accident". Leaving the scene is a real no-no.

Pop

 

I like the cement mixer!!!

keep in mind, the 2 cyl Hercules is 1/2 of a *****'s go devil 4 cyl.
I'll watch in the shed when I get cataloging everything, I may have a magneto for it

I hope Harley and the wife are ok from the mishap. I hate to see anyone in pain

 

Wow! I apologize for trying to crack a joke earlier. I didn't realize from Don's first post that Harley had been cited for such a serious offense. Reckless Driving is one of the "Majors" and is a Class A misdemeanor criminal offense - NOT a traffic infraction.

Purely conjecture to get too deep into the weeds without knowing all of the circumstances.............................



So far sounds like it could be:

1. Failure to Perform the Duties of a Driver in an Injury Accident, (i.e., Felony Hit & Run)
2. Following Too Close. (Which could be included in a Careless or Reckless if sufficient elements of those two were present which resulted in the Following too Close and the cause of the Accident)

Probably no Assault unless there was a major contributing factor like alcohol / drugs involved (which would just about require a DUII). A reckless driving leading up to the accident could also qualify.

With both drivers being cited for reckless, I am going to take a leap here a presume it was a result of the post accident pursuit. If that is the case then the elements are essentially, "recklessly drives a vehicle upon a highway or other premises in a manner that endangers the safety of persons or property." - (i.e., Reckless = “Recklessly,” when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.)

What I would be curious to know is what supporting evidence there is to show that Harley was guilty of Reckless Driving. I suppose it could be "presumed" if they were in a high speed chase type of affair, but if all the Deputy has to go on is what Harley or D1 told him, it seems pretty skinny and unless there is other physical evidence (tire marks on road, eye witnesses, etc.,) probably in line for dismissal. If they have a civilian bystander type witness who complained or filed a complaint in regards to both drivers operation of the vehicle, then there could be a problem for the drivers.

Reckless Driving is a Class A misdemeanor meaning the Deputy can make a PC arrest based on information he developed. In any case when a LEO's investigation into an accident results in the revelation that traffic laws were violated he can issue a UTC for those violations even if they did not occur in his presence.

I hope Harley's Reckless is dismissed. A reckless conviction carries some pretty serious ramifications in regards to insurance and driving privileges on down the road.

Usually once the paper work has been filed, the prosecutor is the only one who can dismiss and while not really rare, it is not common either.

Seriously, it just may be time to talk to an attorney and don't put anything out in a public forum that could come back to bite in court!

 

Talk to you all in a couple of days. I hear my name being called and I think it is a fish at Detroit Lake. Not sure, so I decided I had better get up there and find out. It isn't Diamond Lake but for a 2 day quick trip it will have to do.

 

I survived another day of work.

 

Good morning Oregon, welcome to Tuesday. Damn, Don. I hope Melody is okay. This is th reason why there should be an IQ test given before the driving exam. It would weed out a lot of the morons that get behind the wheel.

 

Morning Pat. Melody is alright just a little sore. Dr said she pulled some muscles and has to take it easy for a week. Good thing I wasn't there.............

 

Morning Don. Yeah, I know what you mean. Somebody would have gotten an ***-whoopin'.

 

Ya, Gary (my local sheriff) said it was probably a good thing I wasn't there, or I'd have gone to jail...

Harley is an easy going guy, and almost never get's mad, unlike his dad...

Knowing myself, I probably would have chased the moron down and run his a$$ off the road.