help me with this...."reckless driving" case...

[breaka504]

Ok.. just got out of jail... stayed a night there for reckless driving in houston, tx... this is what happened... went to a dealer ship and got a preowned 2000 celica gt and asked the salesmen if i can test the vehicle's braking and handling and told him i don't want to do it on the streets...he told me to go to the back parking lot where a movie theater used to be and i can do it there... once i got to the parking lot...made a hard turn @ around 20-30 mph... car pushed...alot... made alot of tire noise... then i proceded to do a braking test... the first one was not hard but more of gental stop... then went back and did another braking test @ around 30-40 mph... the braking was very good... finished with my testing... i proceded to leave the lot... hold up in traffic... couldn't get out of the lot... 2 police vehicle came and arrested me.... just today... my parents bailed me out @ $500 cash...

so now... i just found the law i think they gonna charge me with...

545.401. Reckless Driving; Offense



(a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.



(b) An offense under this section is a misdemeanor punishable by:



(1) a fine not to exceed $200;



(2) confinement in county jail for not more than 30 days; or



(3) both the fine and the confinement.



(c) Notwithstanding Section 542.001, this section applies to:



(1) a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles; and



(2) a highway or other public place.



(d) Notwithstanding Section 542.004, this section applies to a person, a team, or motor vehicles and other equipment engaged in work on a highway surface.



Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995

so... this is the question...

1.) I was at the parking lot only because I didn't want to endanger anyone on the road by testing the vehicle on the streets. Can this get me off
(a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.?

2.) I am not sure what the word notwithstanding means in this particular law. Can anyone help?

 

[Viper GTS]

Whose parking lot were you in?

Viper GTS

 

[rpc64]

(a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.

That's obviously not what you were doing. Maybe you could use the salesman for a witness or get a statement from him?

edit: Or maybe not, especially if the salesman wasn't supposed to let you test the car in that parking lot

 

[yellowperil]

For question 1, I think you should consult a lawyer. For question 2, I think "notwithstanding" means the statute that was referred to specifically excludes a class of persons except where an exception is made. So for example, in § 542.004, that section says that person, a team, or motor vehicles and other equipment engaged in work on a highway surface is excluded from the statute, unless the statute specifically includes them. Here the reckless driving statute does, so reckless driving would apply to you if you were working on a highway (not applicable in your situation).

<-- Not a lawyer

EDIT: trying to clear up language in post...still confusing, sorry

 

[breaka504]

Viper GTS : At first, I thought it was the owned by the dealership, but it turns out that it is not. It is owned by the movie theater that is now abandoned.

yellowperil: sorrie, but i still don't understand what you mean... I was hoping that this word might give me somekind of technicality that might help me in this case... so can you answer that for me? yes or no?

 

[Squisher]

I'm a little unclear on this. Did the police witness your driving?

 

[Zenmervolt]

I was hoping that this word might give me somekind of technicality that might help me in this case... so can you answer that for me? yes or no?

Short answer, probably not. The "notwithstanding" part means that the law only applies on highways, EXCEPT in such situations described in section 542.004. My guess is that you will be charged under something contained in section 542.004.

ZV <-- NOT A LAWYER

 

[IGBT]

So how did you like that orange suit?? Did it fit?

 

[mithrandir2001]

Originally posted by: breaka504
Viper GTS : At first, I thought it was the owned by the dealership, but it turns out that it is not. It is owned by the movie theater that is now abandoned.

The traffic laws of your state probably apply there.

I found out that the local cops can pull people over in my company's parking lot for traffic offenses, even though the parking lot resides on private land. Sounds rather stupid but I know that's how it works.

 

[breaka504]

Squisher: well...to my knowledge, them (4) only heard the tires sqealing... and thats it...don't know if theres any witness tho...
IGBT: sorrie to burst your bubble! in this county...its blue... and no it didn't fit!

 

[Squisher]

Originally posted by: breaka504
Squisher: well...to my knowledge, them (4) only heard the tires sqealing... and thats it...don't know if theres any witness tho...

Because of the seriousness of the offense I would get a lawyer, but it sounds like you might get off.

 

[Vic]

Originally posted by: IGBT
So how did you like that orange suit?? Did it fit?

Orange suits are only for felony offenders.

Remind me not to ever live in Houston, I'm shocked as hell that they would hold you overnight for something just slightly higher than a regular traffic infraction (here we would call it a Class C Misdemeanor, I have no idea what they call it in TX). But max $200 fine and max 30 days in jail is only for the most minor of offenses.
Yes, this sucks, but sh!t happens. If I were you, I wouldn't bother with the lawyer, that would cost more than the infraction. PRIOR TO THE ARRAIGNMENT, call and arrange a meeting with the prosecutor. ADMIT NOTHING, but suggest to them that you would be willing to plead No Contest in return for just paying the fine, no jail time, and not having this placed on your record. Have them put that in writing.
Consider it a lesson learned.

TX just confuses the hell out of me sometimes... how can the bail be higher than the max fine??

 

[HappyPuppy]

Plead guilty, pay the fine and get on with your life.