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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?
 
Posts: 106 | Location: Uvalde, Texas | Registered: May 15, 2002Reply With QuoteReport This Post
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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?
 
Posts: 622 | Location: San Marcos | Registered: November 13, 2003Reply With QuoteReport This Post
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Unless your defendant's name is "Evil Kneivel," I say book him, Dano ...
 
Posts: 2430 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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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?
 
Posts: 319 | Location: Midland, TX | Registered: January 09, 2002Reply With QuoteReport This Post
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