ADVrider

Go Back   ADVrider > Riding > Regional forums > Tejas and the Gulf States
User Name
Password
Register Inmates Photos Site Rules Search Today's Posts Mark Forums Read

Reply
 
Thread Tools Search this Thread Display Modes
Old 04-21-2013, 06:36 PM   #12526
Thunderhart8
Gnarly Adventurer
 
Thunderhart8's Avatar
 
Joined: May 2011
Location: Jackson, MS
Oddometer: 102
Ok from a professional perspective opinion. To qualify for reckless driving under the state statute "any person who drives a motor vehicle with a wilful or wanton disregard for the saftey of persons or property is guilty of reckless driving." Technically if your speeding through an occupied construction area you are meeting the criterion set forth under the statute.
Now in the courtroom is another affair. If a police officer said they saw you in a traffic violation most likely they have video to support the issued citation along with a history of professional testimony in court. Arguably if the patrol car does not capture the violation it comes down to his word vs yours in court. The judge most always leans in opinion toward the historic belief in innocent until proven otherwise. Lastly, most officers hate court especially grave yard shift and would be worth fighting for innocence b/c with a reckless driving on record the insurance company sticks it to ya...
Thunderhart8 is offline   Reply With Quote
Old 04-21-2013, 06:38 PM   #12527
Thunderhart8
Gnarly Adventurer
 
Thunderhart8's Avatar
 
Joined: May 2011
Location: Jackson, MS
Oddometer: 102
Quote:
Originally Posted by babarnette View Post
in theory. This requires an extensive knowledge of the legal system or hiring a lawyer. You also have a right to a jury trial but how often does that happen in traffic court.
<------nerd!!
Thunderhart8 is offline   Reply With Quote
Old 04-21-2013, 09:23 PM   #12528
MSrider
Rebel with a sixfiddy
 
MSrider's Avatar
 
Joined: Aug 2008
Location: Florence, Mizzippi
Oddometer: 4,267
Quote:
Originally Posted by vfrgreg View Post

Here are some examples
Yah, that would buy a lot of booze that might help smooooth things over with a traffic court judge....

Quote:
Originally Posted by Trophy1298 View Post
I thought that if you are going to court over a charge you have a right to view all evidence against you prior to the court date.
Hey, you seem to know an awful lot about these charges.....
'sup Trophy, have you had any bites on the Dakar?
__________________
KOKA
MSrider is offline   Reply With Quote
Old 04-22-2013, 03:26 AM   #12529
Kingsized
Kingsized Adventurer
 
Kingsized's Avatar
 
Joined: Mar 2012
Location: Central MS
Oddometer: 682
At no time was speeding involved. At the time of his supposed "reckless" passing, he was traveling no more than 20mph.

With that said, are all moving violations doubled or only speeding?
__________________
Everything's better in retrospect.
My ride through Bourbon county http://advrider.com/forums/showthrea...7#post22154447
Kingsized is offline   Reply With Quote
Old 04-22-2013, 06:07 AM   #12530
MSrider
Rebel with a sixfiddy
 
MSrider's Avatar
 
Joined: Aug 2008
Location: Florence, Mizzippi
Oddometer: 4,267
I assumed there was no speeding involved, was just using that chart as a reference like Greg did.
"are all moving violations doubled or only speeding? "
I have no idea. But reckless driving isn't taken lightly. Here's two scenarios. Pretty sure more will chime in with all the knowledge of hooligan citations on here
1. IF the copper actually has it on his video equipment and the judge sees that your bud was only rolling 5mph through there, he may drop the reckless driving charge down to a lesser charge, say failure to yeild the ROW, or similar.
2. IF there is no proof your bud did this heinous act of hooliganism, then he may drop it altogether. Being Madison, I seriously doubt that's gonna happen.

__________________
KOKA
MSrider is offline   Reply With Quote
Old 04-22-2013, 06:49 AM   #12531
Pappy541
Studly Adventurer
 
Pappy541's Avatar
 
Joined: Jul 2006
Location: on the road
Oddometer: 775
Oh no, I think that rider in the story has the same make and color bike as me.
And like there are not that many GSA's in Madison where I live.
Thanks for the heads up because the Madison Po-Po are not nice.
Pappy541 is offline   Reply With Quote
Old 04-22-2013, 07:06 AM   #12532
backwoodsKLR
Beastly Adventurer
 
backwoodsKLR's Avatar
 
Joined: Apr 2009
Location: Central Mississippi
Oddometer: 8,870
Quote:
Originally Posted by Pappy541 View Post
Oh no, I think that rider in the story has the same make and color bike as me.
And like there are not that many GSA's in Madison where I live.
Thanks for the heads up because the Madison Po-Po are not nice.
Madison not liking BMW's... There is some irony in there somewhere...
backwoodsKLR is online now   Reply With Quote
Old 04-22-2013, 07:24 AM   #12533
Pappy541
Studly Adventurer
 
Pappy541's Avatar
 
Joined: Jul 2006
Location: on the road
Oddometer: 775
I have been to their driving school more than once!
Pappy541 is offline   Reply With Quote
Old 04-22-2013, 07:54 AM   #12534
backwoodsKLR
Beastly Adventurer
 
backwoodsKLR's Avatar
 
Joined: Apr 2009
Location: Central Mississippi
Oddometer: 8,870
At least they didn't add "fleeing" to the charges.
backwoodsKLR is online now   Reply With Quote
Old 04-22-2013, 07:59 AM   #12535
vfrgreg
Studly Adventurer
 
vfrgreg's Avatar
 
Joined: Dec 2003
Location: Mississippi
Oddometer: 774
Quote:
Originally Posted by backwoodsKLR View Post
At least they didn't add "fleeing" to the charges.
True that! Then it would have become a felony and they'd hauled him in and made pics!
__________________
G2

R1200RT
vfrgreg is offline   Reply With Quote
Old 04-22-2013, 08:56 AM   #12536
babarnette
Studly Adventurer
 
babarnette's Avatar
 
Joined: Aug 2011
Location: Brandon, MS (On The Rez)
Oddometer: 777
Quote:
Originally Posted by vfrgreg View Post
True that! Then it would have become a felony and they'd hauled him in and made pics!
Wouldn't have been a felony in his case but definitely would have been worse. The statute does go on to give criteria that would make it a felony but the riders story does not warrant the upgrade of the charge according to the law.

Quote:
97-9-72. (1) The driver of a motor vehicle who is given a visible or audible signal by a law enforcement officer by hand, voice, emergency light or siren directing the driver to bring his motor vehicle to a stop when such signal is given by a law enforcement officer acting in the lawful performance of duty who has a reasonable suspicion to believe that the driver in question has committed a crime, and who willfully fails to obey such direction shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) or imprisoned in the county jail for a term not to exceed six (6) months, or both.
babarnette is online now   Reply With Quote
Old 04-22-2013, 09:24 AM   #12537
vfrgreg
Studly Adventurer
 
vfrgreg's Avatar
 
Joined: Dec 2003
Location: Mississippi
Oddometer: 774
Quote:
Originally Posted by babarnette View Post
Wouldn't have been a felony in his case but definitely would have been worse. The statute does go on to give criteria that would make it a felony but the riders story does not warrant the upgrade of the charge according to the law.
I guess persuit never entered the equitation to make it a felony
__________________
G2

R1200RT
vfrgreg is offline   Reply With Quote
Old 04-22-2013, 10:23 AM   #12538
Trophy1298
Easily distrac
 
Trophy1298's Avatar
 
Joined: Aug 2006
Location: THE SOUTH
Oddometer: 5,500
Quote:
Originally Posted by MSrider View Post
Hey, you seem to know an awful lot about these charges.....
'sup Trophy, have you had any bites on the Dakar?
I have had my share of run ins inthe past. I do have one serious bite on the bike and a few nibbles. Feel free to go to FM and bump it for me though.

Quote:
Originally Posted by babarnette View Post
Wouldn't have been a felony in his case but definitely would have been worse. The statute does go on to give criteria that would make it a felony but the riders story does not warrant the upgrade of the charge according to the law.
Yep.. Lack of dashcam footage showing you fleeing from lights and siren would make it virtually impossible to hang a fleeing charge. Even with that you can sometimes get a reduction by claiming that with helmet and earplugs you didn't notice at first. Or so I've heard from this guy I know.
__________________
gotta get away...
Trophy1298 is offline   Reply With Quote
Old 04-23-2013, 02:57 PM   #12539
BradH
Gnarly Adventurer
 
BradH's Avatar
 
Joined: Jan 2013
Location: Brandon/Port Gibson, MS
Oddometer: 272
Ok so if I can't find anything worthy to trade the KTM 525sx on, what can I do to make it more trail worthy? Auto clutch, flywheel weight, sprockets?? What about cooling? Overflow bottle, fan? Advice?
BradH is offline   Reply With Quote
Old 04-23-2013, 04:21 PM   #12540
babarnette
Studly Adventurer
 
babarnette's Avatar
 
Joined: Aug 2011
Location: Brandon, MS (On The Rez)
Oddometer: 777
Quote:
Originally Posted by BradH View Post
Ok so if I can't find anything worthy to trade the KTM 525sx on, what can I do to make it more trail worthy? Auto clutch, flywheel weight, sprockets?? What about cooling? Overflow bottle, fan? Advice?
K&N and ADV stickers are a good place to start.
babarnette is online now   Reply With Quote
Reply

Share

Thread Tools Search this Thread
Search this Thread:

.
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On

Forum Jump


Times are GMT -7.   It's 06:48 AM.


Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Copyright ADVrider 2011-2014