23103 cvc Reckless Driving

[934runner]

What is the name of your state (only U.S. law)?

Livermore,Alameda County,California

I got a traffic violation for reckless driving,I Was Driving up a parking Structure and when i went around a corner my truck had body roll.My SUV is lifted 4in and has no sway bars.I went around the corner doing 15mph and when i came to a stop a officer was at my door waiting for me to step out. When i had step out be grab my arm and put it behide my back and pulled me aside to his car,(he Was already in parking struture on another call) then he said i was going to Santa Rita for the night,Moments later said the other officer wasnt gonna take me in and then he said my sSUV is getting inpounded for 30 days.I was told that a officer can not tow a vehicle unless he suspends my license and if it did get towed it only fo the night?he wote down code and section 23103 cvc reckless driving and under it is a code B# 102030?

 

[CdwJava]

I suspect you were cited for reckless driving per 23103(b) - a misdemeanor ...

23103. (a) A person who drives a vehicle upon a highway in willful
or wanton disregard for the safety of persons or property is guilty
of reckless driving.
(b) A person who drives a vehicle in an 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 or 23105.
​

CVC 23109.2 authorizes a peace officer to impound a vehicle used in violation of 23103(b) for up to 30 days.

The registered owner of the vehicle can request an administrative hearing on the impound asking that it be released early. It MUST be released early if any the following conditions are met:

(A) If the vehicle is a stolen vehicle.
(B) If the person alleged to have been engaged in the motor
vehicle speed contest, as described in subdivision (a), was not
authorized by the registered owner of the motor vehicle to operate
the motor vehicle at the time of the commission of the offense.
(C) If the registered owner of the vehicle was neither the driver
nor a passenger of the vehicle at the time of the alleged violation
pursuant to subdivision (a), or was unaware that the driver was using
the vehicle to engage in any of the activities described in
subdivision (a).
(D) If the legal owner or registered owner of the vehicle is a
rental car agency.
(E) If, prior to the conclusion of the impoundment period, a
citation or notice is dismissed under Section 40500, criminal charges
are not filed by the district attorney because of a lack of
evidence, or the charges are otherwise dismissed by the court.
​

You're lucky you were not also booked into the county jail.

At this point, consult local legal counsel and save a lot of money for both the attorney and to pay for the vehicle release after 30 days ... unless the registered owner can get the car back early.

- Carl

 

[Jim_bo]

I don't get it. Are you telling the whole story? You drove around a corner at 15 mph.... and??? Did your tires break traction? Did you come up on two wheels?? I'm having a hard time seeing reckless driving from the picture you paint.

 

[Zigner]

I don't get it. Are you telling the whole story? You drove around a corner at 15 mph.... and??? Did your tires break traction? Did you come up on two wheels?? I'm having a hard time seeing reckless driving from the picture you paint.

The truck is top-heavy to begin with and our OP raised it 4" without any additional suspension work to compensate for it. Then he takes a 90 degree turn on the pavement within a parking structure...

You betcha there was tire squealing going on

 

[Jim_bo]

The truck is top-heavy to begin with and our OP raised it 4" without any additional suspension work to compensate for it. Then he takes a 90 degree turn on the pavement within a parking structure...

You betcha there was tire squealing going on

Well, I choose to deal with facts vs. speculation whenever possible. That's why I asked the OP.

 

[CdwJava]

I'm guessing that it was the squealing of tires or some sideways, uncontrolled tilt of the vehicle that caught the officer's attention. Probably the squealing tires and the sharp turn. Or, maybe the OP almost ran over the officer or almost smacked his vehicle when he rounded the corner ... interesting to find out.

Note also that even the OP's statements are not "facts," they are merely his account of events.

- Carl

 

[Zigner]

As I said before...

On a top-heavy truck that has been modified to be even MORE top-heavy that took a 90 degree corner at 15 mph in a parking structure...you betcha there was tire squealing!

 

[934runner]

there was minor squealing, but ive heard trucks squeal making a 5mph u turn

 

[DRTDEVL]

I guarantee there was a lot of squealing going on... 15 mph??? I drive a 4Runner on 3" of lift (just 1 inch less than yours), no sway bars, and 33" tires. If I were in a parking structure at those speeds, the tires wouldn't squeal... They'd SCREAM!