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Old 04-23-2010, 10:37 AM   #18
r0nin89
 
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Quote:
Originally Posted by sweetbmxrider View Post
officer's discretion. misuse of the left hand lane for passing could be careless. exceeding the speed limit to pass a car doing the speed limit is careless. (not accusing, just saying)
How is that careless? If anything depending on the officers prerogative it would be either unsafe or reckless.

Careless at least the way the prosecutor explained it to me doesnt suit a case in which an individual willingly perform the act the officer finds illegal. I was always told that this ticket was pretty much originally for people who were in accidents because they did something stupid (IE someone who slams the gas instead of the brake or just couldnt negotiate a situation) but was doing it willingly. Doing it willingly would be the laws definition of a reckless.

Please would a LEO correct me if I'm wrong because this is how I had it explained to me by a cop, prosecutor, and people who have faced either or.
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