Q: I was pulled me over for speeding, he said that if I go to court to defend he will make it a reckless driving. Illegal?
He said I was going 61 in a 40 in the hills, I passed him on a blind corner as I was slowing down coming around the corner.As I pull over, I grab my wallet from the center cup holder for my license. As he approaches my car he screams put your hands in the steering wheel and was very aggressive. He asked me how fast I was going I said 45, and he called me a liar. I told him if I was going 60 around the corner I would be sliding, he testified that by saying he’s gone faster. ( mind he’s in a 4wd suv, and I’m in a Mazda 6 2wd with bald tires.) Since I was shook from his approach and upset about the situation, I was had gone into panic (couldn’t speak, hyperventilating, hands clamped) the officer mocked me and said “you Are not mature enough to drive if your going to cry over a ticket.”. After this bad encounter with the cop he said he was going to “cut me a break” and skip a reckless driving, then told me me he will add a reckless driving if I go to court for the ticket. Is that legal?
A: You can answer that question yourself by referring to the code sections for speeding as well as reckless driving. Speeding is self-evident. However, "reckless driving" is defined as: "carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to endanger or be likely to endanger any person or property, or who passes when there is a line in his lane indicating a sight distance restriction, shall be guilty of reckless driving." By your description of your own driving, I could see a "jury of your peers" find you reckless in driving a Mazda 6 2wd "with bald tires," around corners in the hills! For one, what if your tire(s) had blown? You might have careened into an oncoming car, injuring or killing the occupants of that vehicle. All this officer has to do is testify that there had been traffic on that road "at about" the time your vehicle was travelling on it, and you will likely be convicted of "reckless driving," and you could go to jail and would have your drivers license immediately suspended and have to purchase an SR-22 insurance policy and take a Level 2 Safe Driving Class. Count yourself lucky and thankful that he's cutting you a break and S L O W D O W N!
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