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Old 08-19-2011, 08:40 AM   #1
BuGS
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Default Anyone ever get a reckless ticket for donuts?

So I was a little tired, it was after my bud's bachelor party, and there weren't any cops around. Still kinda dumb to do it. Anyways I ended up with a 41-6a-528 reckless class b misdemeanor. Parking lot was empty and I don't think it was "unsafe". Big open space.. No one there...

Anyone ever get one of these before and have some advice? I did it but didn't think I would get slapped with a misdemeanor. I don't mind paying a fine, but I would much rather not have a misdemeanor I had to explain to an employer.

Thanks for any help. I don't know the utah law courts at all.
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Old 08-19-2011, 08:47 AM   #2
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What did you do? Doughnuts I assume?
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Old 08-19-2011, 09:02 AM   #3
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Quote:
Originally Posted by BuGS
there weren't any cops around.
Quote:
Originally Posted by BuGS
Anyways I ended up with a 41-6a-528 reckless class b misdemeanor.
Something doesn't add up
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Old 08-19-2011, 09:27 AM   #4
BuGS
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Quote:
Originally Posted by 06HAWKMAN
What did you do? Doughnuts I assume?
Yes.. I spun donuts for a total of 10 secs and ended up with that.


And that is what I was thinking. If they didn't see it...? They probably have it on camera or something, So I didn't fight it. The officer said he should impound my car too. I didn't know spinning donuts at 11pm in an empty parking lot would be so bad. But I was wrong.
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Old 08-19-2011, 09:37 AM   #5
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If your record is clean and you're capable of looking "professional" in court, hire a lawyer and plead no contest. You'll probably get probation and a fine.
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Old 08-19-2011, 09:40 AM   #6
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Quote:
Originally Posted by BuGS View Post
it was after my bud's bachelor party,

misdemeanor > DUI/DWI

...oh wait, this is UT? I guess its possible you don't drink.
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Old 08-19-2011, 09:44 AM   #7
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I didn't think you had to explain a misdemeanor to an employer. Felony, yes. Misdemeaner isn't that big of a deal, I don't think. As someone else said, just plead guilty and assuming your record is clean, you'll be fine.
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Old 08-19-2011, 09:50 AM   #8
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Quote:
Originally Posted by blaze wrx

misdemeanor > DUI/DWI

...oh wait, this is UT? I guess its possible you don't drink.
Yeah... There wasn't any alcohol involved.

And the only other thing on my record is a 10 over ticket from january from here in utah. So I don't know how that would work out.

But anyone have a good lawyer?
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Old 08-19-2011, 10:06 AM   #9
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People telling you to plead guilty or no contest are giving you bad advice. What you want to do is cut a deal with the prosecutor. Ask to have the severity of the charge reduced to a class C or an infraction in exchange for a plea in abeyance. This is a conditional guilty plea and means the charge will be expunged as long as you abide by the terms of your probation.

The biggest issue here isn't your employer, but your insurance. A reckless conviction will almost surely jack your rates. A plea in abeyance prevents it from being reported to your insurance unless you're stupid and break probation.

I'm assuming this charge is filed in a city justice court and not the state district court, given the level of the offense. Depending on the city, this is in your favor as it means you shouldn't need a lawyer. Justice courts are all about generating revenue, so if you're willing to pay a fine, the prosecutor will likely play ball.
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Old 08-19-2011, 10:26 AM   #10
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Dam son, that's a nice welcome back present. Did the cop see you do it or did he get you after the fact?

I agree with ashergrey, I would try to get it reduced however you can.
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Old 08-19-2011, 10:34 AM   #11
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Quote:
Originally Posted by blaze wrx View Post
misdemeanor > DUI/DWI

...oh wait, this is UT? I guess its possible you don't drink.
You are dumb either way a DUI is a misdemeanor.

Quote:
Originally Posted by ashergrey View Post
People telling you to plead guilty or no contest are giving you bad advice. What you want to do is cut a deal with the prosecutor. Ask to have the severity of the charge reduced to a class C or an infraction in exchange for a plea in abeyance. This is a conditional guilty plea and means the charge will be expunged as long as you abide by the terms of your probation.

The biggest issue here isn't your employer, but your insurance. A reckless conviction will almost surely jack your rates. A plea in abeyance prevents it from being reported to your insurance unless you're stupid and break probation.

I'm assuming this charge is filed in a city justice court and not the state district court, given the level of the offense. Depending on the city, this is in your favor as it means you shouldn't need a lawyer. Justice courts are all about generating revenue, so if you're willing to pay a fine, the prosecutor will likely play ball.
Listen to asher I did something similar with my DUI/Negligent Collision the state prosecutor threw a fit because I plead guilty and took it like a man did community service and spent time in jail for what I did. So the judge reduced my fine and reduced my jail sentence. I haven't drove with alcohol in my system since. The time I spent in jail woke my ass up and matured me a bit, now I wish that'd happen with the rest of the people that get put in there!
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Old 08-19-2011, 12:08 PM   #12
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If you were on private property it shouldnt matter. from my understanding the property owner would have to file charges for the ticket to be legit. I stunt streetbikes in empty parking lots all the time, and never got a wreckless, or even a ticket for that matter. If they did I would fight it and say I was on private property.
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Old 08-19-2011, 12:26 PM   #13
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We had one uhp show up to a parking lot that we had full permission to be in, and started yelling and screaming at us to stop riding. We showed him that we had permission to be there, he said he didnt care ans wreckless driving and racing is illegal no matter where it is. So we asked how places like miller and rmr can get away with it. He told us that technically they could write tickets for people racing at miller if they wanted to but they let it slide.....asshat. in the end he threatened us with wreckless tickets/impounded bikes if we kept it up. After he left we kept riding and never saw him again. He could have written the tickets but wouldnt have lasted long in court since we had written permission to be there doing what we were doing.
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Old 08-19-2011, 01:03 PM   #14
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Wreckless driving? Meaning you didn't crash?

A crime is a crime, regardless of whether or not it takes place on private property. If you have written permission, insurance coverage and the like (which you'd see with something like autocross) then the police might check the documentation to make sure no violation of the law is taking place but otherwise leave you alone.

This is different than just pulling into an empty business parking lot after hours. Even if it's private property, you are still criminally liable. A cop who witnesses someone breaking into a business at night isn't prevented from arresting the suspect just because the crime is taking place on private property.
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Old 08-19-2011, 03:25 PM   #15
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Quote:
Originally Posted by axleon2 View Post
You are dumb either way a DUI is a misdemeanor.


you're dumb for not considering the effect a DUI would have on one's auto/life insurance. Also dumb for not considering that these things vary from state to state.

I will give you a tiny bit of credit, since a first-offense DUI is usually is misdemeanor.
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Old 08-20-2011, 12:23 AM   #16
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Quote:
Originally Posted by blaze wrx

you're dumb for not considering the effect a DUI would have on one's auto/life insurance. Also dumb for not considering that these things vary from state to state.

I will give you a tiny bit of credit, since a first-offense DUI is usually is misdemeanor.
Newb lets throw down! Lol just playin...
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Old 08-20-2011, 12:46 AM   #17
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My friend got a reckless ticket for doing a burnout in a parking lot ten years ago. He did end up working something out with a lawyer but with the fees and fines and everything it cost him about $1k. Good luck, if it goes on your record it will be very painful for many years. You do not want a reckless on your permanent driving record.
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Old 08-20-2011, 01:18 PM   #18
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Damn axleon I didnt know all that **** happened to you. That musta been rough man, but sometimes you gotta learn the hard way..I know all about that haha.
Whoever said plea in obeyance I agree with that being the best option in terms of keeping it off your insurance/record...but its up to the judge whether he decides to grant you one, and having another ticket on your record might make that a challenge. I was once able to get a plea in obeyance for an open container/underage drinking/resisting arrest charge in MD. because my lawyer really built up my character as an otherwise good kid who just made a mistake. If you don't get a lawyer, my advice is to built up your character as a good person (extracurricular activities, good grades in school, volunteer work, returns favor after receiving blowjob, etc), because I know firsthand these things make a difference in the judges decision. I shoulda spent time in jail for those charges but I didnt.
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Old 08-20-2011, 02:19 PM   #19
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First of all if it was private property and the owner didn't call the cops you should just be able to talk to the judge and have the ticket revoked.

Or you could always do a plee and obayance. However you spell it.

Also I've found that most cops don't actually know the law very well which is surprising but apparently no all that uncommon.
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Old 08-20-2011, 02:33 PM   #20
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Again, private property or not won't matter. And it's "plea in abeyance".

Yes, that is up to the judge/prosecutor but it's usually in their interest to settle too. Wear a suit when you go to court and act contrite/respectful but not weak.
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Old 08-20-2011, 05:41 PM   #21
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I was doing doughnuts once and when I stopped there was flashing lights....


.... the cop let me off haha
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Old 08-20-2011, 10:29 PM   #22
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I do do donuts almost every time I go snowboarding.

You should have just told him "I was merely testing the capabilities of my car."
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Old 08-20-2011, 11:05 PM   #23
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Quote:
Originally Posted by Not-EWRX
I do do donuts almost every time I go snowboarding.

You should have just told him "I was merely testing the capabilities of my car."
Yep. Trying to ensure your ability to handle an emergency situation by practicing in a closed environment. Safety first
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Old 08-20-2011, 11:27 PM   #24
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Quote:
Originally Posted by wrx surfwagon View Post
Yep. Trying to ensure your ability to handle an emergency situation by practicing in a closed environment. Safety first
I joke but I 100% believe on testing the traction of my car in the snow. It's nice to know the exact point at witch your car will lose traction. Many times it's really scary to find the traction sucks.
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Old 08-20-2011, 11:44 PM   #25
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were you on asphalt or gravel. On gravel i see no problem but on asphalt they may not have wanted you putting tire marks all over it. I stick to a massive gravel lot a few miles from my house out in the country at 2 in the morning. Had cop cars drive by but none have ever stopped.
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