I recently had a client who was pulled over for going 15 mph over the speed limit on Highway 20 as it enters Mountain Home. In this area the speed limit has decreased to 35 mph so this means that my client was allegedly doing 50 mph. If true, then I agree my client should have been paying closer attention to his speed, but you often see this kind of speed on rural highways. Instead of simply citing this individual for speeding the police officer arrested him, towed his car, and charged him with Reckless Driving, a misdemeanor. Now speed can be factor that creates reckless driving but most of the time this is reserved for cases where the defendant was traveling much faster than 50 mph.

I think this is ridiculous - it sounds like the police officer overreacted! My hope is that we will come to a reasonable resolution in this case but prosecutors are often reluctant to reduce a charge from a misdemeanor down to an infraction; they feel like they are selling out the cops they work with. The simple fact that my client was originally charged with a misdemeanor rather than an infraction makes the negotiation process much more difficult.

The lesson to be learned is- drive slow in Elmore County! If you catch the wrong officer, on the wrong day, you may end up in handcuffs.

For more information on Reckless Driving: Schofield and Young - Reckless Driving.

https://legislature.idaho.gov/statutesrules/idstat/Title49/T49CH14/SECT49-1401/