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this post was submitted on 19 Oct 2023
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You technically correct which is the best kind of correct, it’s not automatic. There is evidence to suggest that in general the 30 mph over the limit would have resulted in a reckless driving arrest.
Either way whether it would have been has nothing to do with how the situation played out.
Do you have a link to that evidence? I'd be interested in seeing it.
Here’s the legal precedent. Travis v, State
There’s anecdotal evidence as well.
https://getjerry.com/questions/how-fast-is-considered-reckless-driving-in-technically
https://www.reddit.com/r/legaladvice/comments/qap7u1/got_2_traffic_tickets_speeding_and_reckless/
https://www.reddit.com/r/legaladvice/comments/9egs7j/ga_speeding_and_reckless_driving/
There’s also evidence that they don’t always determine reckless driving at high speeds, especially when targeting for that en masse it seems.
https://www.wsaz.com/2023/06/14/dozens-drivers-were-caught-going-over-100-mph-georgia-interstate-police-say/?outputType=amp
It’s really officer discretion based on the wording of their reckless driving law. Either way, as I said, whether it would have been or not doesn’t matter in regards to how this stop played out.