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Reckless Driving Ticket

color of law

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(1) A person who violates this section is guilty of reckless driving punishable as provided in this section.

(2) Except as otherwise provided in this section, a person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
If that is the definition it is arbitrary and capricious unless the state can prove beyond a reasonable doubt the accused's mens rea was to damage person or property.
 

Firearms Iinstuctor

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, in willful or wanton disregard for the safety of persons or property

That can be a tough to prove. A lot easier if one has damage or injury involved.

Now days with most every body taking video it could be a lot easier.
 
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Firearms Iinstuctor

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Well, just dang. In Michigan you don't even need to be driving on the road to have the traffic regulations apply. You could be in the middle of a frozen 20-acre lake and get a reckless driving ticket.
Depending on what and who was around at the time. if you were on the lake by your self and no other property around most likely not.

Now if there were a bunch of ice fishing shacks, if there were a bunch of other people around at the time maybe.

In Wisconsin the law for OWI changed to include public water ways because we had drunks driving around on the ice doing stupide, things hurting themselves and others.

A lot of these changes come about because idiots start doing idiotic things that affect other life's.
 

color of law

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, in willful or wanton disregard for the safety of persons or property

That can be a tough to prove. A lot easier if one has damage or injury involved.

Now days with most every body taking video it could be a lot easier.
"Willfully" used in a criminal context, implies a knowledge and a purpose to do wrong. As such, "willfully" falls within the definition of a "specific intent". To commit a specific intent crime, an offender would have to subjectively desire or know that the prohibited result will occur.
 

Firearms Iinstuctor

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"Willfully" used in a criminal context, implies a knowledge and a purpose to do wrong. As such, "willfully" falls within the definition of a "specific intent". To commit a specific intent crime, an offender would have to subjectively desire or know that the prohibited result will occur.
A believe a lot of so called reckless driving citations are improperly written just because of the willfully context.

It is all situational someone burning rubber most likely does not have the intent to run some one over or damage property.

A scorn full ex trying to run over their former partner or purposely driving into the ex's property could very well meet the context.

Just a couple examples.

I am sure every one can think of more.
 

Firearms Iinstuctor

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And there you have it.

A ticketed traffic infraction is not a crime and does not require the elements of a crime, mens rea particularly.
But a citation has to meet the elements of the statue it is written under.

A speeding citation cannot use a parking violation as it basics nor speeding on a 55 mph road can not use the section for speeding on a 25 mph road.

Some criminal traffic violations require the first step of the legal process to be written onto a uniform traffic citation form.
 
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