101/70 in CA on hwy 5 reckless

[aznxplayer]

What is the name of your state? CA

violation number: 23013 cv: reckless driving
car: 2003 rsx

the radar unit/police car box is checked and there is a number on there, 04158111567

does this mean he used a radar unit, or did he pace me?


i got a reckless driving misdemeanor on highway five while driving down to southern california from the bay. after i cut a driver off to avoid gettin stuck behind a truck, i got pulled over. the cop said i was driving recklessly by cutting another driver off, not using my blinker, and going over 100. i am sure i was going under 100, probably high 90's. does this mph dispute matter so that i can use it to my advantage in court?

and, whats the best way to go about this so i can get it reduced to a regular speeding violation?

i dont know if the cop saw but when i cut the other driver off, i got highbeamed so i flipped the guy off, then got pulled over.

oh, the cop wrote grey as the color of the car, but its really beige/sand color, and the car wasnt mine, does this have any substance in court?

thanks all.

[rmet4nzkx]

You are lucky that is the only charge. Hope you enjoy your new roomate, Bubba.
Here is a link, you can look up the code and see the sentence. [url]http://www.leginfo.ca.gov/calaw.html[/url]
23103. (a) Any person who drives any vehicle upon a highway in
willful or wanton disregard for the safety of persons or property is
guilty of reckless driving.
(b) Any person who drives any vehicle in any offstreet parking
facility, as defined in subdivision (c) of Section 12500, in willful
or wanton disregard for the safety of persons or property is guilty
of reckless driving.
(c) Persons convicted of the offense of reckless driving shall be
punished by imprisonment in a county jail for not less than five days
nor more than 90 days or by a fine of not less than one hundred
forty-five dollars ($145) nor more than one thousand dollars
($1,000), or by both that fine and imprisonment, except as provided
in Section 23104.

[aznxplayer]

i know the consequences, im asking the board members if they have suggestions and guidance on how to plead for a lesser sentence.

[rmet4nzkx]

You will have to retain a criminal defense attorney. You are facing some serious jail time. You don't give any reason to dispute the speed, you were driving recklessly, cutting and flipping people off, road rage. The fact that the color of the car is off a little or not your vehicle will not be a defense. The courts do not condone such driving behavors, as I said you are lucky to have gotten off this easy. If you want to speed go to a race track, don't use hwy 5 for a drag strip. Also next time give the correct citation #.

[CdwJava]

Originally Posted by aznxplayer

the radar unit/police car box is checked and there is a number on there, 04158111567

does this mean he used a radar unit, or did he pace me?

It sounds like the serial number of a radar unit. He could have also paced you ... and he probably also did a visual estimation of your speed as well.

i am sure i was going under 100, probably high 90's. does this mph dispute matter so that i can use it to my advantage in court?

You can argue it ... but unless you have recently had your speedometer calibrated, AND are wearing the correct tires for your car filled to the manufacturer's specs, you will almost certainly not win. Though, it IS possible.

and, whats the best way to go about this so i can get it reduced to a regular speeding violation?

Get a lawyer.

i dont know if the cop saw but when i cut the other driver off, i got highbeamed so i flipped the guy off, then got pulled over.

May not matter too much ... but we do have a 'road rage' statute, so you might consider yourself lucky he didn't tack that on as well.

oh, the cop wrote grey as the color of the car, but its really beige/sand color, and the car wasnt mine, does this have any substance in court?

Irrelevant.


- Carl

[rmet4nzkx]

Originally Posted by CdwJava

You can argue it ... but unless you have recently had your speedometer calibrated, AND are wearing the correct tires for your car filled to the manufacturer's specs, you will almost certainly not win. Though, it IS possible.

It wasn't his car, so that defense is out.

[aznxplayer]

so everyone is saying i have NO chance to have the judge reduce the ticket to a regular speeding ticket?

regardless whether or not you think i can have the court reduce the violation, HOW do i do it?

[lwpat]

HOW do i do it?

Follow the advice you have already received - Retain an attorney or start practicing on the potato salad and beans.

[1curious1]

Well you should start by using this as a lesson in what NOT to do when driving. A fat ticket is probably the lesser penalty in what you described as a headon collision at 90 + would certainly have reduced your need to worry about the court. But really the Lawyer is your best bet if you are a habitual in the ticket department. If you are a regular "good guy" who made a mistake you might use this to your advantage, and plead for leniency and the mercy of the court. However, I doubt that this will work since the Officer who wrote you up didn't give you any and they are often a guage of the "mood" of the local court. GOOD LUCK

[aznxplayer]

so just to be sure do i plead guilty and ask for a lesser sentence? or can i plead not guilty and make a deal with the prosecutor? court is really confusing.

[rmet4nzkx]

That's why you need an attorney, one that is familiar with the options, even the county, we have no way to tell you what to do, we can tell you that given the circumstances you are not likely to get much a reduction in the charge.