Charge with unsafe/reckless driving

UPDATED: Oct 1, 2022

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Charge with unsafe/reckless driving

Pull up next to a undercover cop on a stop light. Used my right hand to put on my foundation quick left hand still on the steering wheel. Light turn green, started driving while My left hand was still spreading the foundation on my forehead. Cop slow down and merge behind me and pull me over. Ask if I was putting on makeup, I replied that I was putting on my foundation. He then said I also had my hands off my steering wheel and that is sonsider unsafe driving. He asked for my info. Gave me a ticket and said that what I did is consider unsafe Driving but itll falls under reckless driving. Should I appeal? Im not really sure of how to do this? I had my left hand on the steering wheel the whole time.

Asked on December 27, 2018 under General Practice, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You're not likely to win outright, in terms of having the charge dismissed: as you probably imagine, the prosecutors and courts tend to believe the trained, sworn, and neutral (i.e. nothing personal at stake) police officer over a driver trying to get out of a ticket. It is virtually certain that they will believe the officer saying he saw you with no hands on the wheel over you.
But if you have otherwise clean driving record, there is an excellent chance that the prosecutor will let you plead to a lesser offense (fewer points and/or smaller fine; and note, sometimes you can trade off a larger fine for fewer or no points--my state (NJ) lets you do that with citations like the one you received). Speak to the prosecutor the day of trial and see if he/she will offer you a plea.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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