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#4144134 06/07/24 04:29 PM
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8 point
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Received citation for reckless driving in Helena on 4/19/24 at 5:15 am. I was on my way to the WMA on Coalmont Rd. I pretty much thought it was just a speeding ticket but it's not. I have court on 6/11/24. I will plead not guilty if it comes to that but I need a savage lawyer who can make it all go away before then if possible but at trial if necessary.

Any referrals from anyone who has actually had to contest a charge? Thanks.

Smells #4144143 06/07/24 04:38 PM
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10 point
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Tell us the complete charges. Lots of lawyers on here.


"We have an opponent in this state that we work every day, 365 days a year, to dominate."
Smells #4144144 06/07/24 04:38 PM
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8 point
8 point
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Well was you speeding over the limit enough to make it reckless? Or is it a BS ticket?

Smells #4144146 06/07/24 04:41 PM
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8 point
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You want the guy who is a public defender at the court you are going to. He knows them all, eats lunch with them, plays golf with them etc. Jeremy Crowley is his name and his number +1 (205) 721-7680. I have used him in that court and got the exact results I needed.

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12 point
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Originally Posted by Bronco 74
Tell us the complete charges. Lots of EXPERTS on here.


FIFY


I ain't fightin nobody that swings around in trees with a running chainsaw like Tarzan. - FurFlyin

Oh I just thought u were a dumba$$ 🤣 my apologies… - jb20
Smells #4144153 06/07/24 04:53 PM
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32-5A-190 described as "reckless driving". I do not know what my speed was. He stopped me just off the blacktop maybe 100 yds inside the WMA but the ticket says "Did unlawfully operate a motor vehicle at or near COALMONT RD within the police jurisdiction of SHELBY at or near ADAMS ST in violation of Municipal Ordinance Number 514-96 duly adopted and in force at the time the offense was committed adopting 32-5A-190.

I don't know what my speed was but I know I never left my lane, broke traction, damaged anyone's property, or endangered anyone's life. It's posted 30mph when you cross hwy 17 onto coalmont rd for about 1/2 mile and then it goes to 40mph until you reach the WMA. He says I was 61 mph in a 30 mph zone.

Smells #4144155 06/07/24 04:57 PM
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Old Mossy Horns
Old Mossy Horns
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Unless I’m wrong, if you’re 25mph over posted speed limit they upgrade it from speeding to reckless driving.


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Smells #4144156 06/07/24 04:59 PM
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No lawyer here, but if you don’t know your speed, the court will have your speed at 61mph. If you were going 61 in a 30 and maybe in a 40 it is considered reckless. Because the amount you are over the posted speed limit.

Smells #4144158 06/07/24 05:00 PM
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Sounds like you need to slow down and take your medicine. If you were 25 over you deserve it.

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Originally Posted by bamaeyedoc
Unless I’m wrong, if you’re 25mph over posted speed limit they upgrade it from speeding to reckless driving.

^^^This^^^

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Then they do so arbitrarily because the statute never mentions a specific speed. In fact, the statute seems unnecessarily vague and I can't help but wonder if it wasn't written that way intentionally so that law enforcement can apply it where and how they feel like. Laws should be specific.

BradB #4144167 06/07/24 05:11 PM
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Maybe, if I was in fact speeding, which I do not admit to, but if I was speeding then write me a speeding ticket, don't charge me with reckless driving at 4:50 am when there's not a living soul on the road to endanger. I wasn't weaving in and out of traffic, didn't get on anybody's ass and bully them, wasn't doing donuts in the Publix parking lot, didn't run over anybody's mailbox or trash can, ... I was going turkey hunting.

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Freak of Nature
Freak of Nature
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Originally Posted by bamaeyedoc
Unless I’m wrong, if you’re 25mph over posted speed limit they upgrade it from speeding to reckless driving.

Your correct


LUCK:::; When presistence, dedication, perspiration and preparation meet up with opportunity!!!
- - - - - - - -A government big enough to give you everything you want, is big enough to take everything you have. Thomas Jeferson - - - - - - - -
Smells #4144170 06/07/24 05:15 PM
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They probably run your license to see if you’ve had any other violations and go from there. Several years ago I was going turkey hunting outside of Auburn off of I 85. Speed zone change due to construction but construction had been completed for over a month. Fortunately I was doing 75mph and speed limit was 55mph. Trooper clocked me from the back of his car. He told me that if I’d been going any faster it could have been sited as wreckless. You can try to fight it but it will cost you more than just paying the ticket.

Last edited by RCHRR; 06/07/24 05:22 PM.
Smells #4144172 06/07/24 05:20 PM
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Old Mossy Horns
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Originally Posted by Smells
Maybe, if I was in fact speeding, which I do not admit to, but if I was speeding then write me a speeding ticket, don't charge me with reckless driving at 4:50 am when there's not a living soul on the road to endanger. I wasn't weaving in and out of traffic, didn't get on anybody's ass and bully them, wasn't doing donuts in the Publix parking lot, didn't run over anybody's mailbox or trash can, ... I was going turkey hunting.


Many moons ago I got one for +20 over. That was an automatic reckless. Now, I can't complain, because I was easily doing 120 when the trooper pulled up next to me. I was on a motorcycle and an old lady came very close to ending me merging on the interstate. He saw the entire thing. I did nothing wrong until I punched it to get away from certain death. He even complimented me on my riding skill. Said he thought for sure she'd killed me. Problem was I never let up after I cleared the situation and he was behind me the entire time. I got off easy, I think.

In court the judge complimented me on dressing up as a show of respect. Took my case first because of it. I refused to tell him how fast I was going. I only said too fast. He asked how damned fast I was going. I answered too damned fast. He let me off with court fees and a laugh. Helena is full of azzhole cops and judges. You'll likely not have much luck.


Character is not developed in moments of temptation and trial. That is when it is intended to be used.
Smells #4144191 06/07/24 05:49 PM
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8 point
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Offense
Point Count
Speeding (1 to 25mph over speed limit) 2
Speeding (26 or more mph over speed limit) 5
Reckless driving or reckless endangerment involving operating a motor vehicle 6
Failure to yield right of way 5
Passing stopped school bus 5
Wrong side of the road/Illegal passing 4
Following too closely 3
Disregarding traffic control device (stop sign, traffic light, etc.) 3
All other moving violations 2
Inability to control vehicle 2
Improper lane 2
Drinking alcohol while operating a vehicle 2
Admin per se 6
Improper operation of motorcycle 2
Fail to obey construction/maintenance zone markers/flagman/police officer/restricted lane 3
Emergency vehicles 2
Fail to signal/use incorrect turn signal 2
Making improper turn 2
Coasting 2
Unsafe operation 2
Any conviction which resulted from a charge that involved the drinking of alcoholic beverages and the driving of a motor vehicle but did not require mandatory revocation of the driver license 6

speeding 26 or higher gets 5 points which is not the same as reckless driving which gets 6 points. I've been charged with reckless driving NOT speeding. If speeding 26+ over the limit is automatically reckless driving then there is no need for a 26+ SPEEDING ticket. I've been charged with reckless driving and that is the charge I will answer. I was not driving recklessly.

Smells #4144193 06/07/24 05:53 PM
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14 point
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Originally Posted by Smells
32-5A-190 described as "reckless driving". I do not know what my speed was. He stopped me just off the blacktop maybe 100 yds inside the WMA but the ticket says "Did unlawfully operate a motor vehicle at or near COALMONT RD within the police jurisdiction of SHELBY at or near ADAMS ST in violation of Municipal Ordinance Number 514-96 duly adopted and in force at the time the offense was committed adopting 32-5A-190.

I don't know what my speed was but I know I never left my lane, broke traction, damaged anyone's property, or endangered anyone's life. It's posted 30mph when you cross hwy 17 onto coalmont rd for about 1/2 mile and then it goes to 40mph until you reach the WMA. He says I was 61 mph in a 30 mph zone.


A few years ago, I was driving through Georgiana and got stopped, the officer was nice enough to write me for 19 over instead of what I really was going because he said 20 and over would be a reckless driving ticket instead. Had there been more traffic on the road at that time, he may not have been so nice to me about it. It was like 3am I think. I never fussed (I knew I was over 55 mph, but didn't realize how low the limit was through there) and thanked him for giving me just a regular speeding ticket.


If you live to be a hundred, I want to live to be a hundred minus one day, so I never have to live without you.---Winnie the Pooh
Smells #4144196 06/07/24 06:08 PM
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The problem is the road you are on goes right by schools and neighborhoods a few miles back from where you are and a lot of the people speed through there as by the school so they police the whole road heavily all the time day/night. And yes your speed on that road is reckless driving even if you were only endangering yourself.

Smells #4144207 06/07/24 06:39 PM
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Booner
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Originally Posted by Smells
Offense
Point Count
Speeding (1 to 25mph over speed limit) 2
Speeding (26 or more mph over speed limit) 5
Reckless driving or reckless endangerment involving operating a motor vehicle 6
Failure to yield right of way 5
Passing stopped school bus 5
Wrong side of the road/Illegal passing 4
Following too closely 3
Disregarding traffic control device (stop sign, traffic light, etc.) 3
All other moving violations 2
Inability to control vehicle 2
Improper lane 2
Drinking alcohol while operating a vehicle 2
Admin per se 6
Improper operation of motorcycle 2
Fail to obey construction/maintenance zone markers/flagman/police officer/restricted lane 3
Emergency vehicles 2
Fail to signal/use incorrect turn signal 2
Making improper turn 2
Coasting 2
Unsafe operation 2
Any conviction which resulted from a charge that involved the drinking of alcoholic beverages and the driving of a motor vehicle but did not require mandatory revocation of the driver license 6

speeding 26 or higher gets 5 points which is not the same as reckless driving which gets 6 points. I've been charged with reckless driving NOT speeding. If speeding 26+ over the limit is automatically reckless driving then there is no need for a 26+ SPEEDING ticket. I've been charged with reckless driving and that is the charge I will answer. I was not driving recklessly.


It's considered reckless driving due to speeding.

There are other types of reckless driving like driving down the wrong side of the highway etc


How you do anything is how you do everything
Smells #4144212 06/07/24 06:48 PM
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Gary's Fluffer
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Sounds like you meet the definition of reckless driving and will be convicted as such in court.

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