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  1. #1
    Join Date
    Sep 2015
    Posts
    4

    Default Reducing a Reckless Driving Charge from a Misdemeanor

    My question involves a traffic ticket from the state of: Ohio

    Hello all,

    Just want to see what others think is the best course of action.

    I was cited for Reckless Operation in a local municipality (Munroe Falls) of Ohio. (details of the violation are at the end if it matters, I am not sure if it matters to the judge or not)
    The only other violation I have committed prior is my licence plates were expired about 6 months ago, and I was given a ticket for it, although it did not add any points to my record.
    I have a completely clean record other than the expired plates.

    I have a court date set for Thursday. The only thing I want to plead is for it not to be a misdemeanor. I asked the officer at the time of the ticket issuing if there was any way he could make it less, such as a moving violation and he said no.

    My question is: Should I even bother going to court to ask the judge if there is anyway to not receive a misdemeanor? Should I just pay the ticket, take the misdemeanor and move on? Do misdemeanors fall off of your record at all for this sort of violation?
    I only ask because I hate to show up at court and the judge basically tell me there is nothing he could do even if he wanted.

    I'm willing to take classes, perform community service, pay a lot of money, I don't mind. I just don't want a misdemeanor on my record.

    My other main question is: If I am stuck with the misdemeanor, when an employer runs a background check does it tell what the misdemeanor is for? Or does it just say misdemeanor?
    Needless to say, it would really be awful that an employer could only see misdemeanor, as I believe that can be a whole group of things which are (arguably) less serious than a traffic violation.

    I'm not sure if the details mater, but I was behind a driver going 15-20 mpg in a 35mph zone for about 4 miles. The road ahead had a left turn lane (making 3 total lanes) and I overtook him in the turning lane and moved back into the right lane, at which point he did not stop and hit my vehicle.

    I waited for the light to turn green and pulled over as I was going to see if there was any damage as he hit my vehicle.

    The other driver did not stop and kept driving, I then merged back into traffic (there was very little traffic) and there was one vehicle separating myself and the car that hit me. That vehicle then slammed on his brakes as I merged back onto the road (the action seemed to be on purpose, "brake checking" me)

    This is where I made the largest mistake and overtook his vehicle over the double yellow line (there were no oncoming vehicles) as I wanted to get the other drivers licence plates and call the police.

    At this point there was an officer several hundred feet back who turned on his lights. As soon as I saw his lights I pulled over to the side of the road. The vehicle which hit me continued and left the scene. The vehicle which "brake checked" me did not pull over. The officer passed me (I was pulled over) and chased the other car for several hundred feet before he stopped. At that point I pulled up behind the police officer (he signaled me to do so) and he let the other driver go, spoke to me for a few minutes where I explained my actions, and issued me a ticket for Reckless Operation.

    The conversation between me and the officer was good, no confrontation and he was not angry or demanding. I complied to everything he asked. When he issued me the ticket I did ask him if there was any way he could make it a moving violation or any other type of ticket to avoid the misdemeanor but he said he could not.

    The total number of offenses are listed as "1" on the ticket.
    So now I have a court date for this Thursday (which I will be out of state for anyways, would asking to move it back look bad or hurt me in any way?)


    Any advice would be greatly appreciated in this.

    Thank you

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Reckless Driving: a Misdemeanor

    Background checks will show it as reckless driving. While a lot of people don't get worked up over misdemeanor traffic citations it will show on your record. I think I would contact an attorney with assistance in trying to get it pled down to a non-criminal offense. You just can't say "I plead no misdemeanor" you need to have your attorney work it out with the prosecutor first.

    You don't want to just "not appear" either. Why have you waited until the last minute. Get on the phone to an attorney first thing Monday morning.
    No a continuance won't hurt you (especially if it is because the attorney requests it).

  3. #3
    Join Date
    Sep 2015
    Posts
    4

    Default Re: Reckless Driving: a Misdemeanor

    I'm not sure if this is usual or not, but I just received the ticket today and the municipality holds court every Thursday, so I was slotted in for this week. I received the ticket less than 2 hours ago to be more precise.

    I didn't mean "not appear" but I did mean there is sometimes the "waiver" option where you essentially plead guilty and pay the fine as opposed to showing up to court. I would only take this option if there was nothing that could really be done, as if the officer shows up I can not honestly plead "not guilty," I also feel I was out of bounds with the law, but maybe only in the sense of a moving traffic violation.

    I am going to call an attorney first thing Monday, but I also run into a situation where if an attorney costs $1500 to plead me down, then I would be using a large chunk of my savings to get out of misdemeanor-which would be worth it if this is my only shot at pleading it down and it will be on my record forever, but will this stay on my record forever?

    Thanks for the response flyingron

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Reckless Driving: a Misdemeanor

    You can still plead not guilty even if you did what they are accusing you of. It just means that you're not going to just "accept" the conviction (which you will be convicted if you plead guilty). Get an attorney.

  5. #5
    Join Date
    Sep 2015
    Posts
    4

    Default Re: Reckless Driving: a Misdemeanor

    Thank you for your further responses.

    I will speak to an attorney as soon as I can.

    Hopefully my last question that I am looking for help with: Do I have to have an attorney to attempt to receive a plea deal for a lesser violation?
    For example, can I simply speak to the judge at my hearing and request a lesser violation? If so, I always seem to see the first thing the judge asks is how I would like to plea, would I answer "not guilty," as I want to make a plea deal?
    Basically, if it is possible to answer, what would my process be for making a plea deal without an attorney, or is there one?

    Thanks

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