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  1. #1
    Join Date
    Oct 2014
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    23

    Default 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?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Charged with Nothing but a Witness

    so this is in what state?

  3. #3
    Join Date
    Oct 2014
    Posts
    23

    Default Re: Charged with Nothing but a Witness

    Michigan

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

    Default Re: Charged with Nothing but a Witness

    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:


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

  5. #5
    Join Date
    Oct 2014
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    23

    Default Re: Charged with Nothing but a Witness

    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..)

  6. #6
    Join Date
    Mar 2013
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    18,340

    Default Re: Charged with Nothing but a Witness

    Quote Quoting Matt.Wolk
    View Post
    The thing is I'm a 22 year old college student with absence of money.
    I suggest you find the money.

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

  7. #7
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Charged with Nothing but a Witness

    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.

    - - - Updated - - -

    Quote Quoting Matt.Wolk
    View Post
    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..)

    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.

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Charged with Nothing but a Witness

    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.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Charged with Nothing but a Witness

    Quote Quoting Disagreeable
    View Post
    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.
    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.

  10. #10
    Join Date
    Oct 2014
    Posts
    23

    Default Re: Charged with Nothing but a Witness

    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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