Reckless 23103 Misdemeanor ticket

State- California

I received a reckless (23103) driving ticket on 9/11/10. My car was also searched and impounded for 30 days. I was also arrested and booked into Sacramento county jail. It was charged as a misdemeanor.

Is it legal for the officers to search behind panels and such? I've never had any drug related or theft type charges to warrant this. I understand they need to inventory my car. My only bad behavior is a lead foot. It was upsetting to see there carelessness with my car.

Is a lawyer necessary? Or can I talk the DA into reducing it to an infraction myself?

The CHP does have video evidence via airplane so the da may not even consider a reduction. No alcohol drugs or accidents were involved.

bustedgsxr said:

I received a reckless (23103) driving ticket on 9/11/10. My car was also searched and impounded for 30 days. I was also arrested and booked into Sacramento county jail. It was charged as a misdemeanor.

Is it legal for the officers to search behind panels and such?

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As part of an inventory search, that is (arguably) permissible. I suspect that if they found contraband in such an inventory it might be possible to suppress the evidence, but, if there is no evidence to suppress, there may not be a lot you can do about it unless you have a claim for physical damage to the car.

I've never had any drug related or theft type charges to warrant this. I understand they need to inventory my car. My only bad behavior is a lead foot. It was upsetting to see there carelessness with my car.

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Well, for it to be a charge for reckless per 23103 it was MORE than a "lead foot." Speed alone cannot constitute a reckless driving charge in CA.

Is a lawyer necessary? Or can I talk the DA into reducing it to an infraction myself?

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You can try, but the DA may not talk to you unless you are officially representing yourself.

It is possible the DA may charge this as an infraction ... maybe. But, your best bet would be to consult an attorney. And if they charge as a misdemeanor, then you should be eligible for a publicly paid attorney unless you have sufficient assets or means to pay for one yourself.

The CHP does have video evidence via airplane so the da may not even consider a reduction. No alcohol drugs or accidents were involved.

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Yeah, if they have evidence of your fun run, the DA may not care to plead unless it is to keep you out of jail.

it doesnt matter as this charge could be amended to just about anything but just for fyi 23103 itself isnt a woblet.

Speeding along with illegal lane changes.

The damage done during the search is my concern. Nothing was found.
What is a woblet?

Thanks for the replies.

bustedgsxr said:

Speeding along with illegal lane changes.

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That can be sufficient.

The damage done during the search is my concern. Nothing was found.
What is a woblet?

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If there is damage, you make a claim to the agency that conducted the impound. Be ure to have estimates for the actual cost to repair the damage.

And I believe he was referring to a "wobbler." That is a charge that can be charged as either a misdemeanor or a felony, 23103 is a misdemeanor but can be charged as an infraction if the DA so chooses. It is usually charged as a misdemeanor, but not always.

A wobler is a charge that can be misd/felony
A woblet is a charge that can be misd/infraction.. ive never seen 23103 in an Inf and the VC, Bail Sched, and Crime Time dont list it as a woblet, but I'm sure anything is possible in a given county.

I guess I'm not sure how common the term "woblet" is state wide but we use it where I work.

StevenJ_420Law said:

A wobler is a charge that can be misd/felony
A woblet is a charge that can be misd/infraction.. ive never seen 23103 in an Inf and the VC, Bail Sched, and Crime Time dont list it as a woblet, but I'm sure anything is possible in a given county.

I guess I'm not sure how common the term "woblet" is state wide but we use it where I work.

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I've never heard it ... cute, but not something I have heard before.

I can't say how many counties have used it (filing a reckless as an infraction), but I know of reckless cases filed as infractions in San Diego County and in my current county. They are usually first offenses and not egregious violations, but I suppose they are done when the DA does not want to waste the time and expense of a potential jury trial. But, as you say, anything is possible in a given county ... well, almost anything.

Stopped by the CHP office yesterday to ask for a report. Guess I have to get that from the DA.

Good news is when I asked about the 30 day hold I was told the Sargent denied the hold. So after 1 week and $750 dollars I have my car back.

I drove home really slow.

bustedgsxr said:

Stopped by the CHP office yesterday to ask for a report. Guess I have to get that from the DA.

Good news is when I asked about the 30 day hold I was told the Sargent denied the hold. So after 1 week and $750 dollars I have my car back.

I drove home really slow.

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I'm curious as to why the early release ... were you the registered owner? Was there another licensed driver with you at the time of the arrest?

Did he release the hold on vehicle before you spoke to him? If you spoke to him, what did you have to say?

As my agency's hearing officer, I am curious as to why he released it when he may not have had to ... not saying he couldn't be generous, but that is not always the CHP way.

When I was pulled over the registration was not yet in my name. Also it was expired by more than 6 months. So as I understand after 6 months its an automatic tow for 1 day or whenever the registration is current.

The arresting officer said it was going to be a 30 day impound. I even received the notice stating it was being held under 23109.2. Just by chance I stopped by the CHP office to inquire about my car. I never spoke with anyone other than the guy at the counter. He informed me the Sargent did not approve the 30 day an it was only being held for the registration violation. Fortunately I already paid the registration.

I had thought about putting the car in another persons name. It was still in the persons name who I had purchased the vehicle from when I was pulled over. I did not want to play games and piss the judge off when I go to court.

I am extremely happy to have my car back. It would have been nice to receive a call or letter informing me of the change. Still I'm not complaining.

I did have another licensed driver with me.

bustedgsxr said:

When I was pulled over the registration was not yet in my name. Also it was expired by more than 6 months. So as I understand after 6 months its an automatic tow for 1 day or whenever the registration is current.

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Yes, it can be towed and held until registration is made current or a PNO is filed and the vehicle is towed away.

The arresting officer said it was going to be a 30 day impound. I even received the notice stating it was being held under 23109.2.

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Okay so far ... provided you were arrested (or released pursuant to a misdemeanor citation as that is an arrest).

Just by chance I stopped by the CHP office to inquire about my car. I never spoke with anyone other than the guy at the counter. He informed me the Sargent did not approve the 30 day an it was only being held for the registration violation. Fortunately I already paid the registration.

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I don't see way the sergeant did not approve the 30 day impound unless it was the sway the officer articulated things, or, he was in a very generous mood. There appears to be no legal requirement that would have compelled him to release it early unless the registered owners came in to retrieve it and said you did not have permission to drive it as you did. But, then they should have retrieved the car, not you.

I am extremely happy to have my car back. It would have been nice to receive a call or letter informing me of the change. Still I'm not complaining.

I did have another licensed driver with me.

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Ah ... THAT might be why! Another licensed driver could have been permitted to drive the car away.

The courts have rules that for any impound to be valid there also has to be an articulated community caretaking exception as the impound cannot be punitive in nature as that is the purview of the courts. So, it might be that the sergeant erred on the side of caution and went with the case decision at face value ((Williams (2006) 145 Cal.App.4th 756; Miranda (9th Cir. 2005) 429 F.3d 858.))

If you wanted to, you MIGHT be able to make an issue out of the matter and schedule an impound hearing with the agency and see what they have to say about the authority of the tow. Though, you might also want to let sleeping dogs lie. You have 10 days from the time of the tow to schedule a hearing, and then they have 48 hours (2 business days) to provide you with the hearing. Though, unless you were the registered owner you could not have had it released to you until you got the registration changed anyway, so it might make no difference in the fees paid if you got it out the same day as you updated the registration.

UPDATE:

Finally had my first court appearance for 22103(b) and 22348(b). Or should I say I had a lawyer appear for me. I had previously shown up on the original date given after being released from jail. That however was a wasted day off work as the court had no records for my case yet.

My main reason for having a lawyer is for guidance and amount of time spent traveling and taking time off work is not cost effective.

The DA was willing to drop the speeding infraction 22348(b) but not the misdemeanor 22103(b) reckless driving. Looking at $2000 in fines, 3 years court probation, license suspension. Got a continuance for now. Waiting on discovery.

Will know more in January.

Don't speed.