Confessions of a traffic lawyer

Does it count as reckless driving or exhibition of speed if you're in full control of your vehicle and there are no obvious hazards (like other cars) surrounding you? Say, doing doughnuts or drifting in an empty lot (no spectators).

Mr. Weiss:

Great question Nick.

Reckless driving is a criminal offense AND a moving violation. In New York, the type of crime is a misdemeanor and the type of moving violation is a 5-point ticket. It can also result in your auto insurance rates being raised for 36 months. Therefore, we definitely recommend fighting these types of tickets.

The definition of "reckless" is broad and, therefore covers a wide range of activities. It includes any actions which creates an unreasonable risk of injury to persons or damage to property. Therefore, doing doughnuts or drifting in an empty parking lot could qualify as reckless driving.

Maggie asks via 0-60mag.com:

I received a radar speeding ticket in Marin County, California. I was traveling in the third lane in heavy traffic. At the same time as I spotted the CHP officer parked on a freeway entrance triangle approximately six lanes away, a car in the fourth lane passed on the left. I alone received a ticket, however.

What are the odds that the officer's radar gun read me, instead of the other vehicle passing me? How do they know they have the correct vehicle? How accurate are the radar guns, and how often are they calibrated? I was traveling at 81 mph, the officer said I was going 84 mph, and I believe the vehicle to my left was probably going 84 mph. This leads me to my main question: on what grounds can I challenge this ticket?

Mr. Weiss:

Maggie,

Thanks for submitting your questions about your speeding ticket.

First off, you admit in your question to speeding. Going 81 mph is illegal in California and the "I was only going 81, not 84″ defense will not help you. Therefore, I recommend that you do not admit that you were speeding. This cannot help you. Instead, try and negotiate with the prosecutor for a reduced charge. This sounds like your best bet. There may be other defenses that you can raise but it is impossible to ascertain them from your question.

With that said, below are the answers to your radar questions.

If the CHP officer used a laser, then he would simply have to place the beam on your license plate to obtain your speed. The results are instantaneous and therefore there is little room for getting the wrong vehicle.

It is different with a radar device, however. Radar send a radio waves out in a conical shape. The farther away the device to the object detected, the larger the cone. Therefore, the police office must set up the device in a way that excludes other traffic. For example, if he is monitoring southbound traffic, he needs to set up the device to cover the southbound lanes, wait for a lull in traffic and then see if the radar device is picking up north bound. If he is getting no readings, then he knows that his cone is not extending into the northbound lanes.

In your case, there were three vehicles going the same direction. Therefore, he needs to testify and/or prove that you were the only vehicle in his zone of influence (the conical area between the device and the outer limit of his radar setting). If he proves that you were the only vehicle, then he can use the radar to establish your speed.

Keep in mind that he can also testify as to his visual estimate to establish your speed. A visual estimate is just what it sounds like: the officer using his eyes to make an assessment of your speed.

One last thought. The officer must also testify that he was trained and qualified to use the laser or radar device as well as doing visual estimates.

I hope this helps and good luck fighting your ticket!

For additional information on these matters, please call our office at 305 548 5020.

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