Reckless driving in a commercial parking plaza

What is the name of your state? CA
I was on my motorycle a few months back, and I was cited for an unsafe speed (violation code 22350) in San Jose, California in a commercial shopping plaza parking lot. I was going about 20 – 25mph at a 15mph zone, says on the ticket. A month later, I received a notice from the same officer saying that my violation has been changed to (violation code 23103 B) which means reckless driving. Does this make any sense? Could I fight this in court? Do I have any chance of winning this case? Is clearly that this officer is trying to nail me for something more than what i've done, is this legal? Thanks in advanced!

evinced said:

What is the name of your state? CA
I was on my motorycle a few months back, and I was cited for an unsafe speed (violation code 22350) in San Jose, California in a commercial shopping plaza parking lot. I was going about 20 – 25mph at a 15mph zone, says on the ticket. A month later, I received a notice from the same officer saying that my violation has been changed to (violation code 23103 B) which means reckless driving. Does this make any sense? Could I fight this in court? Do I have any chance of winning this case? Is clearly that this officer is trying to nail me for something more than what i've done, is this legal? Thanks in advanced!

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A notice of correction is the proper way of amending the citation. CVC 23103(b) (reckless driving in a parking lot) is the appropriate section since CVC 22350 (unsafe speed) does not apply to offstreet parking facilities.

Whether you can win or not depends on what the circumstances were. You state your case after the officer states his, and see what the judge says.

- Carl

I was going in a straight line, wasn't swerving, and never lost control of my motorcycle. How can that be reckless driving? This cop had no right to issue me a speeding ticket in the first place anyway, because I was on a private property. CA State law states that you cannot get an infraction or a moving violation on a private parking lot, unless agreed by property owner. So I'm thinking that this cop probably realized that he screwed up, and decided to change it to reckless driving instead.

evinced said:

I was going in a straight line, wasn't swerving, and never lost control of my motorcycle. How can that be reckless driving? This cop had no right to issue me a speeding ticket in the first place anyway, because I was on a private property. CA State law states that you cannot get an infraction or a moving violation on a private parking lot, unless agreed by property owner. So I'm thinking that this cop probably realized that he screwed up, and decided to change it to reckless driving instead.

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No, you're wrong. You CAN get an infraction on private property ... there are just fewer to choose from than on the roadway.

Many aspects of the vehicle code are not enforceable in a parking lot - and speed is one of those that cannot be. Hence, the reason he changed it from unsafe speed (CVC 22350) to reckless in a parking lot (CVC 23103(b)). Obviously he realized - or was later told - that speed violations do not apply in the parking lot whether posted or not. Thus, he issued the amendment.

For someone driving at an aunsafe speed in a parking lot the appropriate section to cite would be the CVC 23103(b) section. And losing control or swerving is not necessary to prove the reckless charge. However, the officer will have to articulate why your acts constituted a danger to the public ... perhaps heavy traffic in the lot, or lots of shoppers in the area, maybe you popped a wheelie? Who knows.

Bottom line is that he will have to convince a judge that the elements of the offense were met. You will cross-examine the officer and then present your own case. The judge will then render a decision.

- Carl