Need your help Fighting Reckless Driving Ticket
#1
Need your help Fighting Reckless Driving Ticket
Hi Maxima racing fans,
I recently rented a 2004 Maxima (3.5 SE automatic) from Enterprise Rent-A-Car in Northern Washington and was very surprised to realize it had so much power.
One night, while coming home alone on I-5 South (speed limit 70) about 10 miles South of the Canadian , I decided to see just how much power it had.
Next thing I know I'm being pulled over and charged with RECKLESS driving! The cop clocked me at 90 (I saw the gun from the backseat of his car!) but he says I was going 101.
Washington courts have frowned against inferring reckless driving upon speed alone.
It was about 1am in the morning, nice weather and nobody with me or on the road. So how can it be reckless, unless driving a Maxima at speeds of upto 101 (give him the benefit of the doubt) in and of itself is reckless?
So, I am defending myself (lawyer wanted 750$) and here's what I need from you as Maxima experts:
- Can you tell me that driving a Maxima at speeds of up to 101 mph itself is safe? Meaning that the car is not going to lose control on its own because it's not designed to drive at those speeds.
- Testimony about driving safely at speeds of up to and over 101 mph
- Any links to documentation which supports our theory that Maxima's may operate perfectly safely even at speeds around 101 mph.
Thanks for your help!!
I recently rented a 2004 Maxima (3.5 SE automatic) from Enterprise Rent-A-Car in Northern Washington and was very surprised to realize it had so much power.
One night, while coming home alone on I-5 South (speed limit 70) about 10 miles South of the Canadian , I decided to see just how much power it had.
Next thing I know I'm being pulled over and charged with RECKLESS driving! The cop clocked me at 90 (I saw the gun from the backseat of his car!) but he says I was going 101.
Washington courts have frowned against inferring reckless driving upon speed alone.
It was about 1am in the morning, nice weather and nobody with me or on the road. So how can it be reckless, unless driving a Maxima at speeds of upto 101 (give him the benefit of the doubt) in and of itself is reckless?
So, I am defending myself (lawyer wanted 750$) and here's what I need from you as Maxima experts:
- Can you tell me that driving a Maxima at speeds of up to 101 mph itself is safe? Meaning that the car is not going to lose control on its own because it's not designed to drive at those speeds.
- Testimony about driving safely at speeds of up to and over 101 mph
- Any links to documentation which supports our theory that Maxima's may operate perfectly safely even at speeds around 101 mph.
Thanks for your help!!
![Reckless_in_WA is offline](https://maxima.org/forums/images/maxima/statusicon/user_offline.gif)
#2
You will never find any documentation that says driving any vehicle at 100+mph is safe. As it is highly dependant on driver skill and the drivers around you. There are always drivers on I-5 at any time.
I suggest you look up the RCW on what that state calls as reckless if you even want a chance at winning.
I suggest you look up the RCW on what that state calls as reckless if you even want a chance at winning.
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#3
Thanks for responding, I-5 conditions at that time were 10miles of visibility and their were no headlights visible (and certainly no headlights).
My question then is, under what conditions would driving a 2004 Maxima be safe. If your answer is 'none', then that's fine. But I'm sure there is documentation out there of vehicles going 100+mph not considered to be driving recklessly.
My question then is, under what conditions would driving a 2004 Maxima be safe. If your answer is 'none', then that's fine. But I'm sure there is documentation out there of vehicles going 100+mph not considered to be driving recklessly.
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#4
Dont know how this will help you but I drive in SoCal in traffic at speeds 100+ everyday. The fastest I got it was 147 or so. Even at that speed the car felt rock solid, almost like doing 85 or so. Just as a side note, the fastest I ever drove was 187mph but it was on my motorcycle
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#5
The only vehicles that can legally go over the speed limit are emergency and police. I think you can go over if you are passing on a one way lane but you weren't doing that
Originally Posted by Reckless_in_WA
Thanks for responding, I-5 conditions at that time were 10miles of visibility and their were no headlights visible (and certainly no headlights).
My question then is, under what conditions would driving a 2004 Maxima be safe. If your answer is 'none', then that's fine. But I'm sure there is documentation out there of vehicles going 100+mph not considered to be driving recklessly.
My question then is, under what conditions would driving a 2004 Maxima be safe. If your answer is 'none', then that's fine. But I'm sure there is documentation out there of vehicles going 100+mph not considered to be driving recklessly.
![Jeff92se is offline](https://maxima.org/forums/images/maxima/statusicon/user_offline.gif)
#7
I agree with the others that you're p!ssing in the wind if you think you're going to convince a judge it's not "reckless" to go 30mph over the speed limit. While I agree that you can go that fast without endangering society in general and the human race in particular, they ain't gonna be overly sympathetic.
As far as the car's capabilities, the only thing I can refer you to is the tire speed rating, which as I recall is something like 130mph, and the fact that the car is able to achieve speeds in the 100mph range with ease. Problem is, the judge will tend to take the officer's word that you were driving recklessly. You might do better to throw in the towel and plead guilty ... they'll probably at least lower your fine(s).
Mike
As far as the car's capabilities, the only thing I can refer you to is the tire speed rating, which as I recall is something like 130mph, and the fact that the car is able to achieve speeds in the 100mph range with ease. Problem is, the judge will tend to take the officer's word that you were driving recklessly. You might do better to throw in the towel and plead guilty ... they'll probably at least lower your fine(s).
Mike
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#8
Reckless,
I just PMed you. Hopefully this'll help you win in the court. I have never lost
in a court battle. Good luck
Mike
I just PMed you. Hopefully this'll help you win in the court. I have never lost
in a court battle. Good luck
Mike
Originally Posted by Reckless_in_WA
Hi Maxima racing fans,
I recently rented a 2004 Maxima (3.5 SE automatic) from Enterprise Rent-A-Car in Northern Washington and was very surprised to realize it had so much power.
One night, while coming home alone on I-5 South (speed limit 70) about 10 miles South of the Canadian , I decided to see just how much power it had.
Next thing I know I'm being pulled over and charged with RECKLESS driving! The cop clocked me at 90 (I saw the gun from the backseat of his car!) but he says I was going 101.
Washington courts have frowned against inferring reckless driving upon speed alone.
It was about 1am in the morning, nice weather and nobody with me or on the road. So how can it be reckless, unless driving a Maxima at speeds of upto 101 (give him the benefit of the doubt) in and of itself is reckless?
So, I am defending myself (lawyer wanted 750$) and here's what I need from you as Maxima experts:
- Can you tell me that driving a Maxima at speeds of up to 101 mph itself is safe? Meaning that the car is not going to lose control on its own because it's not designed to drive at those speeds.
- Testimony about driving safely at speeds of up to and over 101 mph
- Any links to documentation which supports our theory that Maxima's may operate perfectly safely even at speeds around 101 mph.
Thanks for your help!!
I recently rented a 2004 Maxima (3.5 SE automatic) from Enterprise Rent-A-Car in Northern Washington and was very surprised to realize it had so much power.
One night, while coming home alone on I-5 South (speed limit 70) about 10 miles South of the Canadian , I decided to see just how much power it had.
Next thing I know I'm being pulled over and charged with RECKLESS driving! The cop clocked me at 90 (I saw the gun from the backseat of his car!) but he says I was going 101.
Washington courts have frowned against inferring reckless driving upon speed alone.
It was about 1am in the morning, nice weather and nobody with me or on the road. So how can it be reckless, unless driving a Maxima at speeds of upto 101 (give him the benefit of the doubt) in and of itself is reckless?
So, I am defending myself (lawyer wanted 750$) and here's what I need from you as Maxima experts:
- Can you tell me that driving a Maxima at speeds of up to 101 mph itself is safe? Meaning that the car is not going to lose control on its own because it's not designed to drive at those speeds.
- Testimony about driving safely at speeds of up to and over 101 mph
- Any links to documentation which supports our theory that Maxima's may operate perfectly safely even at speeds around 101 mph.
Thanks for your help!!
![mikelly is offline](https://maxima.org/forums/images/maxima/statusicon/user_offline.gif)
#9
My advice to you is hire a lawyer, it will be worth it in the long run in terms of court costs, fines, increased insurance rates etc, I have fought and won a few tickets on my own, but if it was a ticket like this, which is looked at lmost as badly as a dui here in washington, I would consider a lawyer. You may consider pleading down to negligent driving as well, depending on how confident you are in your defense. Also, I am pretty sure reckless driving in washington is defined in one of 3 ways, driving in a manner which would endanger yourself or others, driving 25mph or more over the posted speed limit or if the speed limit is under 25, twice the spped limit. dont quote me on this because I am not a lawyer, but that is my understanding. I honestly feel that a lawyer is worth every penny, especially with a offense such as reckless driving, they will pay for themselves quickly if you consider the costs of losing in court compared to the costs of the lawyer.
just my 2 cents
just my 2 cents
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#10
Even though going over 100mph is unsafe. The V rated tires on the Maxima are meant for speeds of 140mph. So which means the tires won't blow out or should not blow out. Your kinda safe that way.
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#11
I hope you can have the reckless driving reduced to something else because you're talking about "4 points" added to your license. I received a reckless driving ticket couple years back and my insurance literally doubled, even though I had no other tickets on my record. In fact, many DUI's that are protested end up being reduced to reckless driving tickets.
Best of luck...that's an expensive ticket in regards to insurance.
Best of luck...that's an expensive ticket in regards to insurance.
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hez8813
5th Generation Maxima (2000-2003)
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03-12-2020 12:06 AM