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Citizen's Complaint of Reckless Driving in Nevada

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by Jason Bourne, Jul 30, 2018.

  1. Jason Bourne

    Jason Bourne Law Topic Starter New Member

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    Jurisdiction:
    Nevada
    False accusation of Reckless Driving via Citizen's Complaint with no evidence and no Officer witnessed any such event ever occurring.

    Rural Nevada Courthouse on I-80 near Winnemucca.

    We all recommend to get an attorney. Out of dozens of attorneys I've called within hundreds of miles of this Courthouse: No attorneys service this traffic court except one attorney who requested an extremely large sum of money which I cannot afford.

    The accusation of Reckless Driving is a Misdemeanor and can result in up to a $1000 fine and up to 6 months in jail. I definitely do think I need an attorney, but in this particular Courthouse that's not an available option. ACLU appears to be aware of this problem.

    What can I do in this situation?
     
  2. army judge

    army judge Super Moderator

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    You should continue your search for an attorney.

    Have you tried using the NV state bar referral service? Lawyer Referral & Information Service - State Bar of Nevada :


    Another NV referral site: Lawyer Legion


    One more:

    Please do your own due diligence, as I am NOT recommending any lawyer or site.

    You might try looking for a general practice attorney, criminal law, or traffic law attorney.
     
  3. Highwayman

    Highwayman Well-Known Member

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    No evidence other than an eyewitness. You do realize that that is plenty of evidence, don't you?

    Who is we??

    That's difficult to believe - keep searching. Worst case is see if that one attorney will be willing to setup a payment plan of some sort for you.

    That pretty much means you should have an attorney.
     
  4. Highwayman

    Highwayman Well-Known Member

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    By the way, how does the referenced article apply to you? Have you even tried to obtain legal counsel through the court?
     
  5. Jason Bourne

    Jason Bourne Law Topic Starter New Member

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    Army Judge:
    LRIS says "We apologize but we could not find a lawyer matching your search criteria." Nevada Bar Find-A-Lawyer shows very few attorneys in the area, and they all say they either don't do traffic court or they don't do traffic court in the courthouse where this traffic citation was assigned to, except for the one man who requested a very large sum of money that I can't even remotely afford.

    Highwayman:
    Would you refer to a man who says you were doing something you were not doing as "an eyewitness"?
     
  6. Highwayman

    Highwayman Well-Known Member

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    Yes. You have to crawl out of yourself, stop being naive and look at the situation as a disinterested third party would. Like a judge would.

    No one is automatically going to believe you no matter how loud you are saying "that's not true, I didn't do it".

    How do you think so many people get convicted of crimes - eyewitness testimony. Are eyewitnesses wrong? Yes, they are at times. That doesn't mean people don't get convicted based upon their testimony.
     
  7. army judge

    army judge Super Moderator

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    If that is the case, report to court at the appointed date and time, bring PROOF of your findings.

    Tell it to the judge, see what you are told.

    Until that date, keep searching.

    I would also discuss my case with the only lawyer you seem to be able to find, just to see what you can learn.

    You might also see if Nevada allows a person to take traffic school to have these types of citations removed from your record.

    Probably not, but it never hurts to know, rather than guess.
     
  8. Jason Bourne

    Jason Bourne Law Topic Starter New Member

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    That's a great response, Highwayman. Thank you. The reminder to view the situation as the judge likely would does seem to be a very good suggestion. I'm not sure what the judge would be most keenly focused on. What would you say would be the most likely primary points of focus?

    Army Judge:
    These also look like excellent suggestions. Thank you. I don't know what proof I can provide related to this traffic citation. No property damage occurred, nobody was hurt, there's no video evidence, and the only thing the court has to work with is two written statements. What do you know the Judge will definitely be focused upon relevant to this traffic citation? As you suggest, it's better to know than guess.
     
    Last edited: Jul 30, 2018
  9. army judge

    army judge Super Moderator

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    The proof to which I was referring is that you claim you are unable to locate any attorneys willing to represent your interests in the county where the issue is to be adjudicated.

    You can submit copies of the pages you searched that show NO LISTINGS for attorneys, or document each conversation you have with attorneys who tell you , "Sorry, I don't practice in Poop County or the court in Poopville, NV."

    If you have something to show, you might be able to make the argument you are being denied due process because no attorneys are willing to represent a defendant in Poop County.

    You can also print out the blog you found and cite the website for the judge to review your representations.

    As far as fighting the ticket, as you said, you have nothing to prove you didn't do it.

    However, you don't have to prove anything.

    The state has to prove you did what the officer cited you for doing!

    All you need to do is stand mute after pleading not guilty.
     
  10. Highwayman

    Highwayman Well-Known Member

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    Also the person who made the complaint would have to show up in court to testify. A written statement from the complainant is not sufficient.
     
  11. Jason Bourne

    Jason Bourne Law Topic Starter New Member

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    This does seem very possible. Other driver appears to live 8+ hours away.
     
  12. adjusterjack

    adjusterjack Super Moderator

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    What is it that you are accused of doing? Statute number?
     
  13. Jason Bourne

    Jason Bourne Law Topic Starter New Member

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    NRS: CHAPTER 484B - RULES OF THE ROAD

    NRS 484B.653 -- Reckless driving; First offense. No damage.

    Penalty is $250 to $1000 and up to 6 months in jail.
     
  14. adjusterjack

    adjusterjack Super Moderator

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    There were two questions. You answered the second. Now answer the first.

    What is it that you are accused of doing?
     
  15. Jason Bourne

    Jason Bourne Law Topic Starter New Member

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    The gist is that the guy accused me of doing what he was doing. He was upset, and we all would've been better off if I could have spoken with the guy instead of having this strange court situation.
     
  16. army judge

    army judge Super Moderator

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    You are a citizen.

    You could file a complaint of your accuser, alleging his misdeeds.
     
  17. adjusterjack

    adjusterjack Super Moderator

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    Which is what?

    (Teeth pulling time. smh.)
     
  18. Jason Bourne

    Jason Bourne Law Topic Starter New Member

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    I expect I need my teeth, and prefer to keep them if at all possible. Is that an option? No gold in there. Just teeth.
     
  19. adjusterjack

    adjusterjack Super Moderator

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    In that case, getting back to your question.

    Hire a lawyer.
     
  20. Jason Bourne

    Jason Bourne Law Topic Starter New Member

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    Already called 100% of the local attorneys (Very easy to do; not many options) and the distant attorneys won't go to this rural court many many miles away from them.
     

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