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  1. #1
    Join Date
    Feb 2011
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    2

    Default Charged with Reckless Driving for Passing Possible Drunk Drivers

    My question involves a reckless driving ticket from the State of: Ny

    I was on my way home and there were 2 cars ahead of me driving reckless, meaning stomping on there brake and swerving in and out on a two way road, i don’t know if they were intoxicated but i passed them doing maybe 40, 45 crossing a double solid yellow line and the police saw me passing them and pulled me over for reckless driving . I want to plead not guilty because I wanted to get home safe, I had no intentions of hurting no one and I assure you the road was empty ahead of them and on the other side. Is there any chance of me winning this?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Charged with Reckless Driving for Passing Possible Drunk Drivers

    How did the officer respond when you offered this explanation at the time you were pulled over?

    Why did you feel that it was safer to pass people who were driving dangerously than to drop back and follow at a safe distance?

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: Charged with Reckless Driving for Passing Possible Drunk Drivers

    i was kind of nervous being my first time getting pulled over and the office said are you trying to reck the car, license and registration i said polity no sir and gave him my stuff i totally forgot about everything else.
    i felt it was more safe because there was a white bmw tailgating me so it was almost as if i was stuck between the three of them.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Charged with Reckless Driving for Passing Possible Drunk Drivers

    so, passing a couple people that were driving recklessly and having to do it in a no passing zone was safer than worrying about the Bimmer behind you? You could have pulled over or taken a turn at any road that came along. The action you chose to take is the least safe and least beneficial action you could have taken. There is really no justification for your actions.

  5. #5
    Join Date
    Feb 2011
    Posts
    8

    Default Re: Charged with Reckless Driving for Passing Possible Drunk Drivers

    Haven't you heard of fight or flight? In any instance where I human being feels threatened, their body acts in a way such as to find a means to protect their well being. In this case, the driver's sense of judgment (i.e. what's the safest way to flee) was warped by his urgency to flee in this fight or flight response. Why should he be held accountable for "willfully disregarding the safety of other people" when he was, in fact, willfully trying to save his own? Remember the other drivers' were driving recklessly to begin with so its only fair that he move away to save his own. No granted, passing in a no passing zone is a big "no-no"...I'd probably ask for a "failure to stay in designated lane ticket"

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Charged with Reckless Driving for Passing Possible Drunk Drivers

    because when you are given a drivers license, they really like you to be able to control your primitive urges. It helps prevent things like road rage and passing people when it is not the best action.

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