First off let me say I'm in deep with this and I understand it's my fault. Basically I need any kind of legal advice and/or suggestions about what to do with this matter. I got a wreckless driving ticket about a month ago and now I have to go to court on monday. What happened was a few friends and I got together and found a power wheels sports car in someones garbage. I tied it up to a rope, tied the other end to my truck and towed my buddies while they were sitting in the powerwheels car. I had two people sitting in the bed while one person was being towed as I idled through an empty parkinglot. The next thing I know is a cop pulls up, shiles his spot light on us and catches us right in the middle of this act. He wrote me up the ticket and now its time for me to go to court and face what I have coming to me. He told me that night if I stay out of trouble, and did not get another ticket, he would lower my wreckless driving charge. I have followed through with that part, but I dont have a great driving record, I got one ticket about two years ago for going 5mph over the speed limit, and one careless driving ticket a year ago for driving with people in my bed, but that got lowered to a 0 point blockading traffic ticket. Im 18 and I live in detroit michigan. I have decided not to hire an atourney, I think im going to plead no contest, but ill listen to any of your sugestions and advice or personal experiences, so please help me!

 

I didn't know that police were able to issue a ticket in a parking lot. Was it on private property? Most of the time the police won't even investigate a parking lot accident (unless there are injuries) much less issue a ticket. Now if you did this in the parking lot of the courthouse or police station, that may be a different story.

 

That is correct. A parking lot is private property. This sounds like some young gung-ho cop that doesn't know the law.

 

You need legal advice from a pro. Hopefully it gets thrown out and you can forget about it.

 

wreckless should really be spelled reckless.

 

I don't know how Michigan works but what I would do is explain to the judge what and where it happened (politly and with remorse in your voice) then tell him you are/where guilty of what happened. Chances are if the judge is in a good mood he will drop or lower the charges (since it was in a PRIVATE lot)



Good luck with it and keep us informed

 

Well, it would be in your better interest to hire an attorney for this one. By doing so, you show the judge (don't forget, he's a lawyer himself and lawyers like talking to other lawyers, not the rest of us) that you take the matter seriously and are willing to throw some cash on the table to address it. By doing so, you can hope for possibly a reduction of the charge or some form of deferred prosecution/probation. You may have a chance at getting the entire thing thrown out of court. Either of these actions will save you three years of increased insurance costs. Sometimes the attorney cost is less than the increase in your insurance rates. You need to investigate this. However, and as always, there are no guarantees in court.

It would sure be interesting to hear you explain this situation in detail as well as read the police report (you did get yourself a copy of that and read it, right?). Here in WA, reckless driving (no "w") is driving in a manner that shows wantfull disregard for human life and/or property. I don't know all of the details in your case, but idling thru a parking lot (as in 5 mph or so) hardly seems reckless. Even if you were, um, on "fast idle" I'd personally think you have something to argue in court. This is where a lawyer can help. The lawyer may even invoke another strategy, and that is to have the matter heard before a jury. Where I'm at, there is a substantial backlog in "the system", and you just added to it. This encourages the prosecutor to plea bargin and maybe, if you're lucky, dismiss the matter. As for the cop claiming he can lower the charge, that's pretty wild. He's not a judge, he's a cop. I think he's blowing smoke and you should not buy that line.

IMHO, on Monday you should go to court, plead not guilty, and go get a lawyer. If you have aready plead, go to court, ask for a continuance based on your wanting to hire a lawyer.


BTW, in WA there are some tickets that a cop can issue in parking lots (private property). DUI, vehicular assault, vehicular homicide, and, reckless driving. These charges can and DO hold up in court. A buddy of mine got one in high school many years ago; it was a hassle but with a lawyer it got reduced.

 

Detroit Mi. 6:30am.On my way to work fighting 6in of fresh snow,almost to work I see,,,,K-mart parking lot,vacant,not a buggy,not a car,nothing but fresh snow.So I pull in,hit the gas,get some speed up and turn the wheel.YAHOOIE!!Get to the other end of the lot and do it again.YAHOOIE!After the third or fourth time here they come lights a flashin!They only got there fast because the dispatcher mentioned doughnuts!J/K.Well anyway,after he sees that I am not a kid he says that he could give me a ticket,I ask how,this is a private parking lot.He informs me that as long as there is an ingress and an egress to a public street he can write a ticket.I tell him that if he had to give me a ticket he would just be wasting his time and mine because I would be telling the judge exactly what I was doing and wasnt endangering anybody.The cop smiled and said,true,Have a nice day.Now in your case,if that cop determined that you were putting the people in the powerwheels at risk,it will be up to you and your friends to go to court and prove to the judge that you were going slow.If there was no drinking involved,after hearing your story WITH Witnesses to prove that you were not being reckless the judge will probably toss it out.

 

Yes - tickets, arrests and everything can be done in a parking lot by police. It is quazi - private property. Means that it is open to the public like a shooping mall parking lot for example.

Your behavior as described doesn't sound reckless per se, stupid maybe but not reckless...

While I can't speak to Mi law here is how the reckless statute reads in Fl...

Reckless driving.--

(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished:

(a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.

(b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.

(3) Any person:

(a) Who is in violation of subsection (1);

(b) Who operates a vehicle; and

(c) Who, by reason of such operation, causes:

1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2. Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term "serious bodily injury" means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

However careless may apply more...

Careless driving.--

(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.


.................................................. ......................

Based on the seriousness of the charge I would consider an attorney although it may be too late...

Go to court, plead your case and ask for mercy. BTW - read ou on you local statutes before you go in so you understand exactly what you are being charged with...

Good luck

p.s. - Don't be too hard on yourself - ALL of us have done stupid things too.. And they were fun...

Remember - it is all fun and games until someone loses an eye...

 

Well, I went to court this morning. I pled not guilty due to the fact that I was unsure if i can get a ticket in a private property parking lot, and my behavior was not really considered reckless (sorry about the earlier misspelling.) So more waiting, I go to a pre trial aug. 28 and I will have an autourny representing me, hopefully I can get this matter all straightned out then. Thanks for all your help.

 

Dude - I hope you come up with a defense beyond the private property issue...

 

In most states I've been to, reckless driving can and will be given on private property. Here in VA, you won't get a speeding ticket in a private parking lot UNLESS you are clocked at 20 over posted speeds. It is then reckless driving and you will get a ticket.

 

In this great country we live in, the average Joe goes to court, tells the judge the same exact things a lawyer would say. What happens? Well, more than if you did get a snake, whoops, I mean lawyer. It's all a big good ole' club. Judge likes to see other snakes, whoops, there I go again, lawyers making money, lots of it. As stated above, getting a snake will reduce the penalty laid down, regardless of how you are innocent or guilty. Bite the bullet and hire one. Pretty pathetic what we have come to. If you think it's bad now, just wait and see what happens if John Edwards makes it to the V.P. office.

 

Then its just freaking hillarious

 

this is direct from your states laws regarding reckless driving.
MICHIGAN VEHICLE CODE (EXCERPT)


Act 300 of 1949

257.626 Reckless driving on highway, frozen public lake or parking place; penalty.
Sec. 626.

(a) Any person who drives any vehicle upon a highway or a frozen public lake, stream or pond or other place open to the general public, including any area designated for the parking of motor vehicles, within this state, in wilful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b) Every person convicted of reckless driving shall be punished by imprisonment in the county or municipal jail for a period of not more than 90 days or by a fine of not more than $100.00, or by both.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;--Am. 1953, Act 3, Eff. Oct. 2, 1953 ;--Am. 1957, Act 178, Eff. Sept. 27, 1957 ;--Am. 1965, Act 262, Eff. Mar. 31, 1966 .

basically

A) you need to prove/show that there were no other people/property (other than your friends) that were in ANY possible danger, like if the parking lot was empty of of cars and people (or atleast in your general area of the act in question)

B) you need to have your friends show/tell that they themselves felt that they were in danger during the act in question.


I hope this helps.

Heres a link to where i got this information from

Michigan Legislation


Signed,
The Don