[mattym]

Hello -

I was charged with wreckless driving on 9/28/05.

I was traveling down Rte 202 in NH. A motorcyclist driving a speed bike passed me while I was on this road. My speed was 55-60 mph which was in a 55 mph zone. The biker obvioulsy greatly exceeded the speed limit in order to pass myself and another car in front of me. Later on the same road the biker was now in front of me traveling approx 35-40 mph still in a 55 mph zone. Once I reached a passing zone I then attempted to pass him, however he accelerated not allowing me to do so. Again he dropped his speed and allowed me to catch up to him. At the next passing zone I again attempted to pass him which in turn accelerated not allowing me to do so. At this point he again slowed down and I slightly veared into the breakdown lane to get passed the biker(there was no passing zone). Which I was then in front of him. At this point he accelerated to bring his vehicle within inches of my rear bumper. I then hit my brakes, at which time he hit the rear of my vehicle. No injuries were sustained, however the motorcycle needed to be towed away. I was then charged with wreckless driving.

My question...is this a legitimate wreckless driving charge ?? As well what are my options at this point ?? Can this be fought ?? What may be the penalty for this type of action ?? Should I get a lawyer ??

Any input is greatly appreciated.
Thank you !!

[aaron]

The New Hampshire Vehicle Code provides:

Whoever upon any way drives a vehicle recklessly, or causes a vehicle to be driven recklessly, as defined in RSA 626:2, II(c), or so that the lives or safety of the public shall be endangered, or upon a bet, wager or race, or who drives a vehicle for the purpose of making a record, and thereby violates any of the provisions of this title or any rules adopted by the director, shall be, notwithstanding the provisions of title LXII, guilty of a violation and fined not less than $250 nor more than $1,000 and his or her license shall be revoked for a period of 60 days for the first offense and from 60 days to one year for the second offense.

From what you said, you passed a motorcycle in a no-passing zone, cut in front of it, and hit your brakes such that it rear-ended you. That would seem to endanger the lives or safety of the public.

[mattym]

Thanks for information !!

Do these penalties always apply, or is there at all a chance that I may be able to have the penalty reduced ??

Would I have to speak with the prosecuting attorney ??

Thanks again !!

- Matt

[Mr. Knowitall]

Do these penalties always apply, or is there at all a chance that I may be able to have the penalty reduced

The statute describes some minimum penalties, which would always apply to that charge. There could also be an assessment of court costs.

Would I have to speak with the prosecuting attorney

That depends upon how traffic tickets are handled in your state and jurisdiction, and the type of hearing that you request. You should consider talking to a local lawyer to see if you would be likely to be offered a deal, and if so how you might negotiate for a deal.

[DaveBis]

Did you actually say the above to a cop?!?!?!?! Even if some idiot is playing chicken with you, why in the world would you slam on your brakes when an idiot motorcyclist has no protection?!?!


My recollection of the exact same incident would have been like this:

"I was travelling onmy way to my grandmothers house for a visit along route 202 Xbound at a rate of safe speed of 55mph. A motorcyclist operating a speebike hurtled passed me at an excessive rate of speed. Shortly thereafter he slowed his racing motorcycle and unsafely interrupted the flow of traffic forcing me to slow to about 35 mph to avoid overtaking him.....At that time I chose to avoid overtaking him as I felt unsafe and was in fear that he might be looking for a confrontation of some sort......I tried this for some time...he gradually accelerated to near 55, and after some time my speed again was with the flow of traffic. At that point he slammed on his brakes in an apparent attempt to create a collision. I defensely maneuvered while safely rfurther braking around to the right of the shoulder to avoid a collision, and proceeded onwards while fumbling for my cell phone to contact the CHP and report the indicent.....at that point the motorcyclist apparently accelerated up to the rear of my vehicle and struck the rear of my vehicle......my fear was he was one of those bump and rob criminals I have heard about on the news media where they stage an accident, rob you, then speed off on a motorcycle. Fearing for my safety......."

[Mr. Knowitall]

Some people don't like to lie to the police. Go figure.