General Question

[THNDRRR]

I'll try to make it as short as possible.

Bad record.
Someone in a car ahead of me threw something out the window which struck and chipped my windshield.
I tried to run them down to get a plate, never got close enough to do so.
He kept going, I got pulled over and arrested for "reckless driving" among other things. One nighter in the county pokie.
Initial appearence comes up this coming Tuesday. I have pics of where the cuffs cut me and the chip in the windshield. What are my options / chances ?

Thanks

 

[FordSVTFan]

I'll try to make it as short as possible.

Bad record.
Someone in a car ahead of me threw something out the window which struck and chipped my windshield.
I tried to run them down to get a plate, never got close enough to do so.
He kept going, I got pulled over and arrested for "reckless driving" among other things. One nighter in the county pokie.
Initial appearence comes up this coming Tuesday. I have pics of where the cuffs cut me and the chip in the windshield. What are my options / chances ?

Thanks

Considering reckless driving is a misdemeanor I would suggest getting an attorney. The judge will likely tell you that having your window chipped by litter does not give you license to drive recklessly. It is quite interesting that you get taken into custody for reckless. That arrest is normally made through use of a misdemeanor summons with a NTA. So my question is what happened that caused you to be taken into custody?

The chip will mean nothing to the judge as there is no way for you to prove how or when it got there, nor does it impact your charge. As for the cuffs causing a scrape that is also a non-factor in relation to your charge.

So, what if your defense is the chipped windshield and cuffs you are likely SOL.

 

[THNDRRR]

The only "defense" was trying to get a plate number to call in. So, yeah, probably SOL. I can't afford an attorney and they will not provide one. What am I possibly facing on a first time offense ?

 

[FordSVTFan]

The only "defense" was trying to get a plate number to call in. So, yeah, probably SOL. I can't afford an attorney and they will not provide one. What am I possibly facing on a first time offense ?

I would suggest that you speak to some local attorneys and find out how much their representation would be. You really dont want a criminal conviction on your record as it can impact your future tremendously.

In Arizona a reckless driving conviction is a class 2 misdemeanor. A class 2 misdemeanor is punishable by up to 4 months in jail and a $750 fine plus surcharges. Also, the judge may require you surrender your driver's license for up to 6 months. Those are the maximums. If you have a good record with no previous infractions you are probably looking at fines alone, but there is no guarantee and it is still a criminal conviction.

 

[FX4 SAPPER]

Ouch, that sucks Id suggest an attorney, my uncle lost his license for 1 year for a road rage incident that ended with an assault charge. This is why i lost my road rage rather quickly and just call the HP when some idiot does stuff. Not worth the time or money. Id also add that you are probably SOL, just tell him what you were doing but it might be futile.

 

[THNDRRR]

I had an attorney before and he was worthless. Didn't do anything I couldn't have done and charged me $5,000 for it. I'm probably screwed.......although I have never been arrested before. I can't afford to lose my license as I have a 100 mile round trip to work and back everyday and there is no bus service out here that runs out to where I work.

 

[SnakeEyes03]

I'm still interested in why you were arrested for a reckless??? I can't count the times I've had to give someone a reckless, but I can tell you I have never arrested anyone for it.

So there is definetly a part of the story you don't wanna tell. Again, like others have mentioned, I'd attempt to talk to an attorney and see your options.

G/L

 

[COBRA_ESQ]

I can't afford an attorney and they will not provide one.

This means that, at least in the courts eyes, that you can afford one. It is a matter of priorities, and I would suggest not ending up with a criminal record should be pretty high up there.

I can't afford to lose my license as I have a 100 mile round trip to work and back everyday and there is no bus service out here that runs out to where I work.

Kinda of answers the question

 

[THNDRRR]

A charge listed was "aggressive" driving. Would that warrant an arrest ?

My problem is, how is it someone can throw something at your windshield hard enough to chip it, yet when you try to get a plate, YOU are the criminal ?

 

[FordSVTFan]

A charge listed was "aggressive" driving. Would that warrant an arrest ?

My problem is, how is it someone can throw something at your windshield hard enough to chip it, yet when you try to get a plate, YOU are the criminal ?

So, it wasnt reckless it was aggressive driving. Those are two different charges in AZ. Aggressive is worse. It is a class1 misdemeanor and the penalties are up to $2500.00 fine and six months in jail and loss of license.

Please tell us what you did during the traffic stop to cause the officer to put you in cuffs? A person charged with aggressive driving is normally released with a summons and a notice to appear.

You are charged because you dont get to commit a criminal act that puts others in danger because you want to "chase" this guy down. You should have called the police.

You paid a $5000 retainer to a lawyer and what was done, besides "nothing." A lawyer doesnt earn his fee by doing nothing. What did he file with the court, did he ever appear in court on your behalf, etc?

 

[THNDRRR]

I'm not trying to sound like a hard-ass here but..........

I did nothing to "cause the officer to put me in cuffs" as I was in full compliance. Standing there with my hands behind my back as decided to try to force me to the ground. I was trying to "call the police", but had nothing to go on but a little black car, which there are thousands of on the road. I agree that giving chase was not the brightest of ideas, but I figured they stood a better chance of catching the guy if they had a plate number. The office admitted to seeing the black car well in front of me, yet he let that guy go stating that he could "only catch one of us". The guy that actually stopped.

The "lawyer" asked two questions of the officer in a case three years ago that were playing to the prosecution at best and never acted like he was trying to "defend" anyone. He is no longer with the firm. What a shock.

Once again....... I made a bad call. Getting arrested and spending a night in jail already was a HUGE deterrent. Next time, let the idiots break anything they want and endanger others with projectiles out their window and just sit back and take it. I've learned my lesson.

I realize none of this may have been justified on my part, yet "calling the police" would have done nothing but create paperwork for the officer and these idiots would be able to do this to someone else.

Two wrongs do not make a right, and I am venting out of anger, but didn't know what else to do.

I do now though. Jail sucks. I'm on my way to the lawyer's office after work today.

 

[FordSVTFan]

I'm not trying to sound like a hard-ass here but..........

I did nothing to "cause the officer to put me in cuffs" as I was in full compliance. Standing there with my hands behind my back as decided to try to force me to the ground. I was trying to "call the police", but had nothing to go on but a little black car, which there are thousands of on the road. I agree that giving chase was not the brightest of ideas, but I figured they stood a better chance of catching the guy if they had a plate number. The office admitted to seeing the black car well in front of me, yet he let that guy go stating that he could "only catch one of us". The guy that actually stopped.

The "lawyer" asked two questions of the officer in a case three years ago that were playing to the prosecution at best and never acted like he was trying to "defend" anyone. He is no longer with the firm. What a shock.

Once again....... I made a bad call. Getting arrested and spending a night in jail already was a HUGE deterrent. Next time, let the idiots break anything they want and endanger others with projectiles out their window and just sit back and take it. I've learned my lesson.

I realize none of this may have been justified on my part, yet "calling the police" would have done nothing but create paperwork for the officer and these idiots would be able to do this to someone else.

Two wrongs do not make a right, and I am venting out of anger, but didn't know what else to do.

I do now though. Jail sucks. I'm on my way to the lawyer's office after work today.

I understand your frustration. I also understand the other guy did something dangerous. That being said the court might consider it as mitigation of your charges. However, you got charged with the greater of the two offenses. Reckless is a crappy crap but it is better than Aggressive.

I dont understand what you are saying when you state

The "lawyer" asked two questions of the officer in a case three years ago that were playing to the prosecution at best and never acted like he was trying to "defend" anyone. He is no longer with the firm. What a shock.

Was that a different case for you or someone else? You paid the firm $5K, the firm is responsible for your representation not the lawyer associated with the firm. You should contact them and have them assign another attorney who will work the case and actually earn their money. If not, you should file a complaint with the AZ. bar.

The main thing is that you dont want a criminal conviction on your record.