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Officer sees Def. driving down the street on a motorcycle. Officer sees def. stand on seat and balance on seat while motorcycle is moving. Officer arrests and charges, among other things, Reckless Driving (Trans. code 545.401). What do ya'll think? | ||
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Member |
Seems to me anyone who is driving a motor vehicle in a position where they couldn't steer if they wanted to is being reckless. How does a guy standing on his seat brake or swerve if something happens? This is the same thing as a car driver sliding over to the passenger side while driving. Who doesn't find that to be reckless? | |||
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Administrator Member |
Unless your defendant's name is "Evil Kneivel," I say book him, Dano ... | |||
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Member |
That would make a great video. In fact, I think I would need a video for a jury on the charge, can you see the questioning: Q: So officer, you observed the defendant rise to a standing position on his motorcycle A: Yes Q: And the motorcycle continued on? A: Yes Q: Who was pressing the gas to keep this motorcycle continuing on its route? A: No one Q: The motorcycle just kept going, and no one was steering or pressing the gas because the defendant was standing on top of the motorcycle? A: Yes Q: Were you drinking or doing drugs before your shift? | |||
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