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  1. #1
    Join Date
    Sep 2016

    Default Can You be Charged With Reckless Driving While on a Dirt Bike

    My question involves a traffic ticket from the state of: New York

    I have to submit a video for a civil trial. Part of the video shows me riding on a hill in a small dirt bike, I then ride down the hill and ride on the sidewalk for about 8 seconds at maybe 25- 30 MPH, I don't know exact speed and it can't be determined.

    After riding on the sidewalk for 8 seconds I then drive off the sidewalk where a 4 or 5 inch curb is and onto the street and drive normally. The sidewalk was a wide sidewalk next to a stone wall.

    In the video, there is nobody on the sidewalk or on the hill. There are also no cars in the street.

    The lawyer of the person I am suing may want to try and get me in trouble and may give this video to the police and say I was driving recklessly and may use the guy I am suing as a witness of what the video basically shows.

    My question is, can I be charged with reckless driving for basically riding on the sidewalk and entering the street from the sidewalk where there is a curb?

    Here is the law in NY for reckless driving.

    Under our law, a person is guilty of RECKLESS DRIVING
    when that person drives or uses any motor vehicle, in a manner
    which unreasonably interferes with the free and proper use of a
    public highway, road, street, or avenue, or unreasonably
    endangers users of a public highway, road, street, or avenue.

    Vehicle & Traffic Law § 134 defines “public highway” as “[a]ny highway, 3
    road, street, avenue, alley, public place, public driveway or any other public
    way.” Here the most common terms are included in the definition of the
    crime. The definition of the crime should be tailored as necessary.
    What I wonder is if riding on the sidewalk is considered public highway or public way?

    Could they charge me with reckless driving when no person or car is in the video?


  2. #2
    Join Date
    Sep 2010

    Default Re: Can I Be Charged with Reckless Driving by My Camera on My Dirt Bike

    Are you charged with Reckless Driving or Reckless Endangerment? You say something different in your other thread.

    Please do not create multiple threads on the same incident. I answered you in the other thread:

  3. #3
    Join Date
    Sep 2013

    Default Re: Can I Be Charged with Reckless Driving by My Camera on My Dirt Bike

    Sidewalks fall under 'any other public way' in the definition. They are designed for pedestrian traffic, which includes wheelchairs and other Handicap transport, but in most cases exclude bicycles and all cases exclude motor vehicles such as scooters, minibikes, motorcycles and go-carts etc.

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