Reckless Driving Citation

**kimber** · 05-05-2011, 11:50 AM

My question involves a careless driving ticket from the State of: Kentucky. My son was given a reckless driving citation for supposedly doing doughnuts in the parking lot of the business he works for. The problem I have with this whole situation is first of all the statute in Ky (189.290) states that it must be on a highway. This supposedly happened in a parking lot. Second, I believe my son and I went to the scene immediately, while the officer was sitting across the street and took pictures of the gravel. There are definitely no "doughnut" marks. Also I took pictures again first this after the morning light. Same thing, no gravel moved or marks. The officer also stated that he saw my son doing this however, my pictures clearly show that there is no way possible that he had a view of where the alleged incident occured. He also called my son obscenities and look up my profile and my husbands. We have a witness that was there that saw and heard everthing. The officer put his name on the citation however the witness has told us that my son had done nothing and the officer did call him those names. What should we do to fight this. Oh and the officer put on the citation that the "operator had done 3 doughnuts, sliding and spinning gravel in the parking lot." Wouldn't the marks have been there five minutes later? Any help would be appreciated.

**antrc170** · 05-05-2011, 12:00 PM

First, addressing the particulars of the ticket. KY 189.010 defines a highway as ""Highway" means any public road, street, avenue, alley or boulevard, bridge, viaduct, or trestle and the approaches to them and includes private residential roads and parking lots..." along with certain agreements in effect. Basically it breaks down as any parking lot with access to a public highway is going to be considered a highway for traffic enforcement. Unless the pictures are timestamped to show the date/time they were taken it is very easy for the judge to claim that they were taken days later. The officer's testimony is going to account for alot in this situation. You can bring the witness to court if you have their informaiton.
Second part, the officers demeanor. There is nothing written into law that states an officer must be polite or refrain from using obscenities. Other than file a complaint with the officer's department there isn't anything that you can do on that front.

One thing you don't address though, what did your son say about the incident?

**kimber** · 05-05-2011, 12:29 PM

My son was on the phone with me the entire time from when he was first pulled over. He said he was leaving the parking lot and before he reached the exit one officer pulled in front of him. The officer got out of the car and my son asked what he did wrong. The officer said "really". he asked for his license and insurance card. this particular officer then got back into his car and left as the other (citation writing officer) pulled up. This vehicle would have left marks in the gravel and yes they do have the date and time on them. Also I asked and so did my son for the officers name and badge numbers, both of them. I also asked to speak with the officer over the phone. At first he refused. He then took the phone, hung up on me so I called right back. He then spoke to me. His story over the phone was different than the report. He is lying. I wonder what he would have done to my son if my son would have called him what he did call my son!! I don't believe they should be above the law and make things up to suit themselves. I went there to purposely see for myself if my son was doing doughnuts. If he was then I think he should have to pay the ticket, but since he is clearly innocent I don't feel this situation is right.

Also just found out the according to KRS 61.362, officers do NOT have written permission to patrol that parking lot.

**That Guy** · 05-05-2011, 01:05 PM

Quoting kimber

My son was on the phone with me the entire time from when he was first pulled over. He said he was leaving the parking lot and before he reached the exit one officer pulled in front of him. The officer got out of the car and my son asked what he did wrong. The officer said "really". he asked for his license and insurance card. this particular officer then got back into his car and left as the other (citation writing officer) pulled up. This vehicle would have left marks in the gravel and yes they do have the date and time on them. Also I asked and so did my son for the officers name and badge numbers, both of them. I also asked to speak with the officer over the phone. At first he refused. He then took the phone, hung up on me so I called right back. He then spoke to me. His story over the phone was different than the report. He is lying. I wonder what he would have done to my son if my son would have called him what he did call my son!! I don't believe they should be above the law and make things up to suit themselves. I went there to purposely see for myself if my son was doing doughnuts. If he was then I think he should have to pay the ticket, but since he is clearly innocent I don't feel this situation is right.

All that happened AFTER the alleged offense and does not address antrc's question about what your son has to say about the incident in question.

You are free to concentrate on the events after... But at the end of the day and unless you (or more likely your son depending on his age) can prove that the officer simply entered the parking lot and simply picked the first vehicle he saw, and made up a story about a random driver driving recklessly, you are not going to get anywhere with regards to the charge at hand.

Quoting kimber

Also just found out the according to KRS 61.362, officers do NOT have written permission to patrol that parking lot.

That addresses officers patrolling "residential property". According to what you posted,

Quoting kimber

My son was given a reckless driving citation for supposedly doing doughnuts in the parking lot of the business he works for.

BIG difference!

**kimber** · 05-05-2011, 06:07 PM

Well I now have an attorney and looks like we will probably win the case. I have witnesses and photos to prove his innocence. Thank you for your advice. I definitely have a good case against the officer.