Charged With Reckless Driving Based on a Witness's Statement

One afternoon I was traveling down the highway with 5 other motorcyclists and was pulled over. We were all accused of reckless driving. For nearly 20 miles traffic had been backed up, yet we were still accused and a witness pulled over. No ticket was written, but I guess an "investigation" was done. One morning I went to pay a parking ticket and was informed from the traffic clerk I had a warrant for my arrest. I had never gotten anything in the mail; none of us did. I didn't understand how this could be okay by any means but from what I've been told they don't have to give notice.
So... I have been to arraigned; I plead not guilty.
Went to pre-trial conference today and they offered a plea bargain of careless driving which I did not accept!
I have chose a jury trial. Do I need a lawyer for a crime I did not commit held up by what the prosecuting attorney states of "five" witnesses?

so this is in what state?

Michigan

Ok, just as with any other criminal prosecution, a witness may be adequate to convict you of this crime. This is not play time. The charge is a misdemeanor and can result in jail time:

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257.626 Reckless driving on highway, frozen public lake, or parking place; violation as misdemeanor; penalty.Sec. 626.
(1) A person who violates this section is guilty of reckless driving punishable as provided in this section.
(2) Except as otherwise provided in this section, a person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

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I strongly urge you to hire an attorney to represent you.

The thing is I'm a 22 year old college student with absence of money. Wouldn't the witnesses have to identify me? ( helmet color, shirt, bike color/brand, license plate etc..)

It is highly recommended that you have a lawyer represent you in the court proceeding.

If you don't, it will be you against 5 witnesses and a prosecutor acting as a lawyer for the 5 witnesses.

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Quoting Matt.Wolk

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The thing is I'm a 22 year old college student with absence of money. Wouldn't the witnesses have to identify me? ( helmet color, shirt, bike color/brand, license plate etc..)

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Sure they will, but a lawyer would do it much better then you can. remember, you are going against 5 witnesses and you don't know what they know.

You need a lawyer, a motion to separate trials and to exercise your right to remain silent. A lawyer should make short work of a witness identifying a motorcycle helmet that drives recklessly. This is an opinion as to how I would handle the situation.

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Quoting Disagreeable

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You need a lawyer, a motion to separate trials and to exercise your right to remain silent. A lawyer should make short work of a witness identifying a motorcycle helmet that drives recklessly. This is an opinion as to how I would handle the situation.

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depends on how distinctive the helmet was or anything else concerning the bike plus what was actually witnessed from how far away and if the witness lost site of the OP but if the witness says everybody was doing wheelies or standing on their seats and didn't lose sight of them, it's a hard time proving innocence.

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Quoting Matt.Wolk

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The thing is I'm a 22 year old college student with absence of money.

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I suggest you find the money.

This isn't something you want to face by yourself.

Could the prosecutor be bluffing about five witnesses. That day we drove a total of 50 miles one way. And was accused of cutting traffic. We are all being tried separately. When we were pulled over we were doing 60/70. The officer witnessed nothing. I've heard about something called a valid cause of action. What is it? Also doesn't a have to experience personal injury as a plaintiff and have proof. I'm sorry, I'm new to all this.

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Matt.Wolk;841495]Could the prosecutor be bluffing about five witnesses.

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could he? Sure but they do have to disclose their evidence to you prior to trial.
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I've heard about something called a valid cause of action. What is it?

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that is concerning a civil trial

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Also doesn't a have to experience personal injury as a plaintiff and have proof. I'm sorry, I'm new to all this

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the state is the plaintiff. The person you are referring to is merely a witness. It would be no different than if I witnessed a murder. I would be a witness, not a plaintiff. In criminal prosecutions, the state is the plaintiff.

this is serious stuff dude. You need to do whatever it takes to hire an attorney, that is if you do not qualify for a public defender (although that is not a free attorney, merely a discounted one with a deferred payment plan)

So long story short I have to get an attorney.
Does anyone know average cost for a traffic attorney?
I'm so upset I have to pay out for something I never did. Nothing more than a revenue generating corporation. Should I go court appt or hire on my own?

So you have 5 different people that called in to 911 and complained about you. These calls came in at different times over a 50 mile period. They would be much harder to defend against then 5 people in one car that you may have pissed off because you cut them off.

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Quoting Matt.Wolk

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So long story short I have to get an attorney.
Does anyone know average cost for a traffic attorney?
I'm so upset I have to pay out for something I never did. Nothing more than a revenue generating corporation. Should I go court appt or hire on my own?

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while this is a traffic law, make no mistake, if found guilty you will have a misdemeanor crime on your record. If you have a clean record otherwise, while the chances of jail are slim, there is still that possibility. Never discount what the law says is possible.

and no, you don't have to get an attorney but a smart person will want an attorney.

Depending on how far this goes (there is a prelim hearing or two where this could be settled if a plea agreement is offered and accepted) I would guess around $1000-$1500 for that. If it goes all the way to trial it could easily double that and possibly more, depending on the prices charged and what is involved in your trial. If you lose or plead guilty to a plea agreement you will have a grand or two of court costs and fees on top of that plus any fine imposed.

that is just a guess though. your mileage may vary.

The point being just like a mask, a helmet obscures the features of the operator. If OP does not testify, the most a witness can testify to is that someone riding bike X, plate Y wearing helmet Z was racing down the highway. They cannot identify the OP specifically. In a partitioned trial where he does not testify, all his lawyer needs to do is provide doubt that another person could have been operating his bike, wearing his helmet. I have borrowed a bike and helmet from a friend before.

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Quoting jk

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depends on how distinctive the helmet was or anything else concerning the bike plus what was actually witnessed from how far away and if the witness lost site of the OP but if the witness says everybody was doing wheelies or standing on their seats and didn't lose sight of them, it's a hard time proving innocence.

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Quoting Disagreeable

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The point being just like a mask, a helmet obscures the features of the operator. If OP does not testify, the most a witness can testify to is that someone riding bike X, plate Y wearing helmet Z was racing down the highway. They cannot identify the OP specifically. In a partitioned trial where he does not testify, all his lawyer needs to do is provide doubt that another person could have been operating his bike, wearing his helmet. I have borrowed a bike and helmet from a friend before.

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they do not have to be able to identify the specific person. The cop took care of that. All they have to do is say:

the guy with the black helmet with the fauxhawk on top of it riding a red motogeezer did [this]. The cops report will associated the identity of the person with the motogeezer. Identification complete.

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Quoting jk

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depends on how distinctive the helmet was or anything else concerning the bike plus what was actually witnessed from how far away and if the witness lost site of the OP but if the witness says everybody was doing wheelies or standing on their seats and didn't lose sight of them, it's a hard time proving innocence.

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Last I checked, the defendant doesn't have to prove innocence. Regardless of this, a lawyer is called for here, even if money has to be borrowed or if the OP has to wash the lawyers windows for a year.

The witness also must prove he operated" in willful or wanton disregard for the safety of persons or property". What are his qualifications for this determination? Did anyone ask OP if he operated in willful or wanton disregard and he agreed? The witness will likely not show up and the case will be dismissed. I remember winning a ticket from an OH Trooper who could only articulate that he would not have driven how I did (hence the ticket). I replied as my own council, officer, how you would have done it is irrelevant. What matters is whether it was illegal and you have not proven that it was, you simply expressed your opinion. I won the case.

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Quoting jk

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they do not have to be able to identify the specific person. The cop took care of that. All they have to do is say:

the guy with the black helmet with the fauxhawk on top of it riding a red motogeezer did [this]. The cops report will associated the identity of the person with the motogeezer. Identification complete.

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Quoting donzoh1

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Last I checked, the defendant doesn't have to prove innocence. Regardless of this, a lawyer is called for here, even if money has to be borrowed or if the OP has to wash the lawyers windows for a year.

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Not sure of your point. You and dis are getting hung up on the ID issue. If the witness never lost sight of the guy he's toast on the id part. He isn't going to be abme to argue; somebody else was riding my bike.

The witness can testify they saw somebody breaking the law. They described that person to the police who pulled over a person fittng thst description. The cop id'd that person. He is now being charged with a crime.

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Quoting Disagreeable

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The witness also must prove he operated" in willful or wanton disregard for the safety of persons or property". What are his qualifications for this determination? Did anyone ask OP if he operated in willful or wanton disregard and he agreed? The witness will likely not show up and the case will be dismissed. I remember winning a ticket from an OH Trooper who could only articulate that he would not have driven how I did (hence the ticket). I replied as my own council, officer, how you would have done it is irrelevant. What matters is whether it was illegal and you have not proven that it was, you simply expressed your opinion. I won the case.

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no. If he operated in a willful and wanton manner is a question of law. The witness will testify to what the saw. The jury will decide if it was willful and wanton.

True matter of point jk, the issue being testimony of one persons interpretation carries little weight, when a good lawyer keeps asking them a variety of questions they have answered I don't remember to.
It will be one of those situations I sometimes refer to that a jury is a group of people who get together and decide which was the best attorney.

I'm almost positive that the one witness that did pull over after the officer did, lost sight of us. The prosecutor told me that more than likely the lawyers will meet before trial and try and settle again; I just don't see how I should have to be charged with something I didn't do just for possibly having thoughts that I may be charged to a greater extent if I take the chance of winning. Our legal system is terrible.

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Quoting Matt.Wolk

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One afternoon I was traveling down the highway with 5 other motorcyclists and was pulled over. We were all accused of reckless driving.

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Millions of people drive down the road every day without five individuals separately calling 911 and reporting their reckless driving conduct. The police report likely sheds some light on what it was about your driving conduct that resulted in you and your friends facing criminal charges, but odds are you can remember some of the factors that might have influenced other motorists to call 911.

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Quoting Matt.Wolk

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Went to pre-trial conference today and they offered a plea bargain of careless driving which I did not accept!

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You're charged with a criminal offense. You were offered a plea bargain to a civil infraction -- a non-criminal offense -- albeit one that carries three points. The offer suggests that the prosecutor would prefer to wrap up your case without going to trial. When you consult your lawyer you should discuss whether the prosecutor might offer a better deal, and whether the deal is likely to remain on the table if the prosecutor has to subpoena five civilians and the investigating officers to court for a trial.

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Quoting Matt.Wolk

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The thing is I'm a 22 year old college student with absence of money. Wouldn't the witnesses have to identify me? ( helmet color, shirt, bike color/brand, license plate etc..)

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Was there another group of five motorcyclists in your vicinity that day, such that the witnesses may have been confused? You have told us that one witness was present when the police responded and pulled you over, so at least with one of the witnesses the identification of you as part of this group would be pretty easy. You likely also made some statements to the officer that will help establish that you're one of the motorcyclists whose driving conduct attracted so much attention. Again, you need to review the police report.

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Quoting Matt.Wolk

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Could the prosecutor be bluffing about five witnesses.

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Review the police report. Also, if the case proceeds toward trial, you'll likely get a witness list.

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Quoting Disagreeable

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True matter of point jk, the issue being testimony of one persons interpretation carries little weight, when a good lawyer keeps asking them a variety of questions they have answered I don't remember to.

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Sorry, but when you have five witnesses who tell basically the same story and have no reason to lie, getting them to admit that they don't remember certain details carries next to no weight with the jury. Jurors are people too.

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Quoting Matt.Wolk

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I just don't see how I should have to be charged with something I didn't do just for possibly having thoughts that I may be charged to a greater extent if I take the chance of winning.

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We weren't there. Something happened on the road that caused five different people to call 911 about you and your traveling companions. You may not think that your driving conduct was a problem, but many other people did -- and as we weren't there and you haven't told us what the problem might have been, we're not in a position to comment on whether or not the driving conduct could support the charge.

You say traffic was backed up. It could be, for example, that you and your friends decided to cut in and out of traffic while periodically zipping down the shoulder to pass other vehicles.

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Quoting Mr. Knowitall

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We weren't there. Something happened on the road that caused five different people to call 911 about you and your traveling companions. You may not think that your driving conduct was a problem, but many other people did -- and as we weren't there and you haven't told us what the problem might have been, we're not in a position to comment on whether or not the driving conduct could support the charge.

You say traffic was backed up. It could be, for example, that you and your friends decided to cut in and out of traffic while periodically zipping down the shoulder to pass other vehicles.

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That Mr. K is right on the money. OP is fried.

And it's time for law enforcement go after these crotch- rocket jockeys that think they can flaunt the law and place everyone else on the road at risk. I have no sympathy for the OP if that is what he and his friends did. It places all responsible motorcycle rider in a bad light with the public. I being one of them.

I would wait to see if those 5 witnesses materialize. I was once threatened similarly about there being a witness against me. When I showed up for trial, it turns out the "witness" was in the other car and neither the driver or "witness" showed up for court. Kind of like being called into the office with all the case files full of empty paper with the suspects name on them laying around.

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Quoting budwad

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That Mr. K is right on the money. OP is fried.

And it's time for law enforcement go after these crotch- rocket jockeys that think they can flaunt the law and place everyone else on the road at risk.

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Thank you Mr. K you have put a few things into perspective. I will get the police report and go from there. And budwad I believe you are being quite stereotypical as the group I was riding with were on bobbers and Harley's. I myself own a sports bike also but was not on it at the current time. I like how you make such quick assumptions though ��

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Quoting Matt.Wolk

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Thank you Mr. K you have put a few things into perspective. I will get the police report and go from there. And budwad I believe you are being quite stereotypical as the group I was riding with were on bobbers and Harley's. I myself own a sports bike also but was not on it at the current time. I like how you make such quick assumptions though ��

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I will tell you how I make such a quick assumption, or maybe not so quick. If it is true that you were not crouch-rocket jockeys and just weekend warriors on your bobbers and Harleys then you tell me how in twenty miles, 5 motorist saw fit to call 911 and report your activities most likely with your plat numbers? Not so easy to pop a wheelie in stop and go traffic on a bobber or Harley because of boredom or showing off. And Harleys are not so easy to drive between lanes. I know, I ride a Harley.

It makes no sense at all if you were obeying the law and just moving with traffic that this would happen and 6 cyclists would all be charged with reckless driving . You were stuck in traffic for 20 miles. I know how that can be, stop and go with the heat of an air cooled engine frying your you know what, and your left hand being to crap up. Someone in the group decides he has had enough and starts to drive between lanes or on the shoulder and everyone starts to follow. After all, you don't want to be the wimp in the group.

So that is why I assumed that you were on spot bikes.

But I have to say that it was very, and I mean very short sighted to refuse the plea barge down to careless as has been pointed out before.

And what of your other 5 cohorts? What did they do and might they also be called as witnesses? They can be subpoenaed you know.

The percentage of people who will call to report a dangerous driver, as opposed to the percentage of people who will swear, shake their fist, and then maybe post a gripe on Facebook, is fairly low.

That not one, not two, not three, not four, but FIVE people called to report you says there was SOMETHING drawing attention.

I think the op a fool to not accept the deal and walk away. Op has to realize the police did not charge him; the prosecutor did. That means the prosecutor reviewed the police report and may have interviewed witnesses before deciding to file criminal charges against the op and friends. that means there has been much more effort already invested into this issue by the state than just having a cop write a ticket.


So lets see;

op is charged with a misdemeanor crime. If he loses he faces possible (although unlikely) jail time and fines. He will incur $1000 in court costs and fees plus whatever for a fine plus $1000-$4000 for a criminal defense attorney.

If if he fights it and wins he still has the cost of his attorney and one hell of a lot of anxiety and trouble.


He was offered a deal to accept an infraction. No attorney fees. Reduced court costs. No possible jail.


One one thing op did admit though; he can afford an attorney. He owns a Harley and a sport bike. He can sell one if needed to raise cash and that is likely what a judge will tell him if he applies for a PD.

I think overall I was just so pissed that I was accused of doing such a thing. We were minding our own business and there were a ton of bikes on the road this day in July. When I spoke to the prosecutor I was nice, she said more than like we will talk again before trial and try to settle this. This makes me have no respect for the law or our court system; following nothing more than statutory laws other the putting our constitution first. All they want is our money; plain and simple.

Regardless of all of your protests apparently multiple witnesses and the prosecutor believe you have done something to warrant action by the state. The state doesn't always get it right but the multiple witnesses have nothing vested in your prosecution. That strongly suggests there is some validity to the underlying complaint.

Maybe you should lighten up on the condemnation of the state's actions and consider a bit of self examination to figure out what those 5 witnesses saw that concerned them so much that not only did they report your actions to the police but identify themselves which puts them in the position of having to spend their time in court as witnesses in your trial.

Why are so many quick to judge and say he's guilty?

He said he didn't commit a crime.

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Quoting Matt.Wolk

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So... I have been to arraigned; I plead not guilty. Went to pre-trial conference today and they offered a plea bargain of careless driving which I did not accept! ... Do I need a lawyer for a crime I did not commit

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From what the OP has written:

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Quoting Matt.Wolk

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- One afternoon I was traveling down the highway with 5 other motorcyclists and was pulled over.
- For nearly 20 miles traffic had been backed up.
- Drove a total of 50 miles one way.
- Were on bobbers and Harley's.
- Were minding our own business and there were a ton of bikes on the road this day in July.
- All accused of reckless driving.
- Accused of cutting traffic
- No ticket was written.
- When we were pulled over we were doing 60/70.
- Prosecuting attorney states of "five" witnesses?
- We are all being tried separately.

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Is it not plausible that an officer pulled over the wrong group of motorcyclists?

People come here to the forum for some advise and some come because they are trolls or want the members to do their homework. Do you think the core members are stupid, lack the understanding of the law or simple logic not to know what the person is here for? If a timeline or story is presented that lacks credibility then we see that. Is it a fabrication, an exaggeration, or leaving out the facts that allow us to give some sort of direction for the poster to follow is something that every member can determine on their own. And after much experience, they usually get it correct.

This case is not believable. If 6 riders are following the law and moving with traffic in a safe way, then there would not be 5 witnesses calling 911 to report dangerous activity over a 20 mile distance. Is that not logical to you? Posters can tell us anything they choose whether it is the truth or not. But we don't have to take it to be the gospel if it doesn't make sense.

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Is it not plausible that an officer pulled over the wrong group of motorcyclists?

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No it is not.

I am not judging OP's being guilty or innocent. I am saying based on my experience, if I am not guilty, you bet I am going to appear in court and find out if those 5 witnesses really exist or I was lied to so the officer could make a case. I have already related in my case, as soon as my case was called the charges were withdrawn because the impartial "witness" was really the spouse of the woman claiming I ran her off the road and neither appeared for court. He has the right to face his accusers with counsel.

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Quoting Disagreeable

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I am not judging OP's being guilty or innocent. I am saying based on my experience, if I am not guilty, you bet I am going to appear in court and find out if those 5 witnesses really exist or I was lied to so the officer could make a case. I have already related in my case, as soon as my case was called the charges were withdrawn because the impartial "witness" was really the spouse of the woman claiming I ran her off the road and neither appeared for court. He has the right to face his accusers with counsel.

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You know if there are 5 witnesses long before showing up in court. The prosecution is required to put them on the witness list.

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Quoting JH-Engr

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Why are so many quick to judge and say he's guilty?

He said he didn't commit a crime.

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Sure, he says that. And five separate people independently called the police to describe his driving conduct, leading to his being pulled over and charged with a crime. They may all be nuts -- but for that type of coincidence odds are there was some very questionable driving conduct.

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Quoting JH-Engr

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Is it not plausible that an officer pulled over the wrong group of motorcyclists?

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He told us that one of the witnesses was present when he was stopped by the police, so the odds of his being misidentified hover at roughly zero percent.

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Quoting jk

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You know if there are 5 witnesses long before showing up in court. The prosecution is required to put them on the witness list.

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And it is possible to secure a conviction with only one witness.

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And it is possible to secure a conviction with only one witness.

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Oh absolutely. It was just speaking to dis's statement about showing up in court to make sure the witnesses were real. Whether it be 1 or 5, the prosecution is going to have them on a list well before everybody shows up for court.

And what about the 5 riders with the OP that may have accepted the plea deal to careless driving. Aren't they now also potential witnesses?

They can always claim the right against self incrimination due to other laws broken.

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Quoting budwad

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And what about the 5 riders with the OP that may have accepted the plea deal to careless driving. Aren't they now also potential witnesses?

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Quoting Disagreeable

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They can always claim the right against self incrimination due to other laws broken.

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Oh, that's real easy to fix;

just give one or two of them immunity and viola, a failure to testify is a contempt charge. When there are multiple defendants it is not uncommon to offer somebody immunity to roll on your friends.

The prosecutor will probably go lower than a 3 point infraction.