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  • 70 in a 45

    If you caught someone doing 70 in a 45 (two lane residential) road would you consider that to be Reckless Driving, or just Speeding?

    (No, I didn't do this - just tring to prove a point to my buddy who doesnt think that 70 in a 45 is Reckless)

  • #2
    Two lane in a residential? absolutely.

    In Nashville/Davidson County, the code specifically states that any person going 15+ mph over the posted limit is deemed to be driving recklessly and it is on the burden of the defendant (driver) to prove otherwise. This doesn't mean I write everyone for reckless that I catch going 15 over, but I do mention it to them when they want to complain about the speeding ticket.
    I'm 10-8 like a shark in a sea of crime..

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    • #3
      It all depends on the circumstances. In the scenario that Sgtscott provides, yep I would write reckless. If it's on the interstate at 0200 hours with no other factors, probably just the speeding ticket.
      John 3:16

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      • #4
        I would write Speeding and Reckless. Double the speed limit would qualify as "wanton and willful disregard for the safety of others". The DA would probably drop one or the other.
        I have the heart of a child..................................No really, it is in a jar on my desk.

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        • #5
          70 mph in residential....Ya, more then likely you can/will be charged reckless driving. (totality of the circumstance)

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          • #6
            70 mph in a 45 zone


            Definitely could be considered "reckless driving" in Virginia - because of driving more than 20 mph above the posted limit. More likely than not, you would face a mandatory court appearance (no pre-pay available) and a potential for having a Class I Misdemeanor and six demerit points on your DMV transcript.


            Every state is different, of course, so it might be different where you live.

            The comments above reflect my personal opinion as a private citizen, ordinary motorist and all-around good guy.

            The aforementioned advice should not be construed to represent any type of professional opinion, legal counsel or other type of instruction with regard to traffic laws, judicial proceedings or official agency policy.

            ------------------------------------------------

            "Ignorance on fire is hotter than knowledge on ice."

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            • #7
              Reckless would never fly in our courtrooms unfortunately. I routinely write 60-65 in a 35 zone........ absent any other factors the speed alone would be just speed here.

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              • #8
                Not a chance. First of all, how residential can it be if the limit is 45? Second of all, even 50 over is simply speeding (although it is a mandatory traffic court date, still not criminal). Now, if they're flying all around traffic and causing other vehicles to swerve and brake and what not, that's a different story.

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                • #9
                  Absolutely I'd write for Reckless Driving as well as a cite for the speed itself.
                  Why are there so many babies on O.com? Creole, you and your buddy JPSO Recruit help me out on this one....

                  * "Preach always, if necessary, use words!" St Francis of Assisi

                  * Luke Chapter 6, Verses 27-36

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                  • #10
                    Originally posted by StudChris View Post
                    Not a chance. First of all, how residential can it be if the limit is 45? Second of all, even 50 over is simply speeding (although it is a mandatory traffic court date, still not criminal). Now, if they're flying all around traffic and causing other vehicles to swerve and brake and what not, that's a different story.
                    The road we're talking about is a rural/country road with has houses down both sides, each set about 40' back from the road. One lane in each direction, double-yellow down the middle. They are older 1 acre properties. Kids tend to play in their driveways rather than on the street, although you do get youngsters on bikes up and down the street regularly.

                    There was no swerving around other traffic, racing, bad weather or other aggravating factors - just excessive speed.
                    Last edited by JohnG; 02-17-2009, 08:20 PM.

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                    • #11
                      Originally posted by JohnG View Post
                      The road we're talking about is a rural/country road with has houses down both sides, each set about 40' back from the road. One lane in each direction, double-yellow down the middle. They are older 1 acre properties. Kids tend to play in their driveways rather than on the street, although you do get youngsters on bikes up and down the street regularly.

                      There was no swerving around other traffic, racing, bad weather or other aggravating factors - just excessive speed.
                      With the factors you have provided, it would just be speeding here!
                      Strong Body, Sharp Mind And Good Tactics!

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                      • #12
                        Originally posted by JohnG View Post
                        If you caught someone doing 70 in a 45 (two lane residential) road would you consider that to be Reckless Driving, or just Speeding?

                        (No, I didn't do this - just tring to prove a point to my buddy who doesnt think that 70 in a 45 is Reckless)
                        If it were me stopping them, it would be a trip to jail for reckless and speeding.

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                        • #13
                          Thanks for the responses!

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                          • #14
                            Originally posted by jthorpe View Post
                            If it were me stopping them, it would be a trip to jail for reckless and speeding.
                            Deservedly so.

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                            • #15
                              Originally posted by jthorpe View Post
                              If it were me stopping them, it would be a trip to jail for reckless and speeding.
                              You would take everyone to jail for 25 mph over, even if they're not weaving in and out of traffic, on a highway?
                              Strong Body, Sharp Mind And Good Tactics!

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