Recieved a reckless driving citation in CA

[Mike_shin]

What is the name of your state? California

Tonight I was hit with a reckless driving citation CA 23103(3) V.C. which is a Misdemeanor. My car was also impounded.

The situation:
I was traveling southbound over an overpass going towards a freeway onramp. I picked up some speed to get up the hill and as I came down I downshifted to second gear which brought me down to about 45-50mph approx, the posted speedlimit is 35mph. As I came to the intersection another car in the #1 lane blasted past me at a much higher rate of speed and cut me off to make it to the on-ramp first.

A patrol officer was sitting at the corner of the intersection and witnessed this and proceeded to pull us both over. The officer explained that he clocked me doing 62mph and also wrote it as well on the citation. I was charged with Reckless driving and my vehicle was impounded, I am not sure what the other driver was charged with or if his speed was recorded but his car was impounded as well. In anycase a bad night for both of us.


My question is:

Are radar guns able to track multiple vehicles?

Would there be any way to get my car out earlier than the 30day impound sentence? (I need the car badly for work)

Am I totally screwed?!?

Any input, thoughts, etc are greatly appreciated.

"Are radar guns able to track multiple vehicles?"

Yes, but it has to be done one at a time.

Why was your car impounded?

If they impound every car in California that does what you say you did, then the streets should be pretty well clear by dawn.

[Mike_shin]

Originally Posted by seniorjudge

Why was your car impounded?

If they impound every car in California that does what you say you did, then the streets should be pretty well clear by dawn.

I'm not sure why either. Apparently a Misdermeanor reckless driving chrage = a 30 day impound. I've never gotten in anything like this before. I was cited for speeding over 5 years ago (90+ in a 65 zone) but the officer let me drive away then, but not last night.

[rmet4nzkx]

It sounds as if the officer may have thought you two were racing, were you? What were the road conditions, wet, add that to speeding and possibly racing? The citation doesn't exist unless it's new and hasn't downloaded into the online system.
CALIFORNIA CODES
VEHICLE CODE
SECTION 23100-23135
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.

Methinks not all the facts are in....

[Mike_shin]

Originally Posted by rmet4nzkx

It sounds as if the officer may have thought you two were racing, were you? What were the road conditions, wet, add that to speeding and possibly racing?

He actually did try to pin Speed contest on me, even though I had not seen the other car in the number 1 lane before he zipped passed and cut me off.
So when he saw that the other driver was a middle-aged man in a suit, I guess it just didn't add up in his mind, the city that I live in is notorious for speeders and insane drivers and they come from all walks of life.

Yes, the road conditions were wet that night which may be why I got what I got.
In anycase, mistakes were made, I understand that. I just need to get my car out as soon as possible.

[rmet4nzkx]

Yup, wet conditions makes for reckless conditions, good thing for you the other guy was middleaged in a suit, did you have current registration, insurance etc? Maybe a local ordinance because of all the stree racing and displays? Check with the court on Monday. You may have to rent or borrow a car if they won't release it.

[CdwJava]

Originally Posted by Mike_shin

Tonight I was hit with a reckless driving citation CA 23103(3) V.C. which is a Misdemeanor. My car was also impounded.

Actually, it was probably CVC 23103(a). And WHY did they impound the car for 30 days? Per CVC 14602.7 they can ask a court for a 30 day hold on the car if the driver was charged for CVC 23013, but that's VERY rare.

And DVD 23103 generally requires more than a simple speed violation. The courts like to see three or more moving violations to qualify for reckless driving, but one really heinous act CAN qualify.

If it's relatively benign, you may be able to get it dropped to unsafe speed (CVC 22350) - an infraction.

And, the most common reason to hold a car for 30 days is because the driver has either never had a license or has a suspended license.

Are radar guns able to track multiple vehicles?

Simultaneously? No. One at a time? Sure.

Would there be any way to get my car out earlier than the 30day impound sentence? (I need the car badly for work)

It depends upon what section was used to impound the car. If it was impounded per CVC 14602.6, you will need to attend an impound hearing at the impounding agency. if it was for CVC 14602.7, you will have to see a judge.

EDIT: Oh! And if you were involved in a speed contest and cited for that offense as well (CVC 23109, I believe) then the car can be towed for 30 days.

Am I totally screwed?!?

Maybe.


- Carl

[Mike_shin]

Originally Posted by CdwJava

Actually, it was probably CVC 23103(a). And WHY did they impound the car for 30 days? Per CVC 14602.7 they can ask a court for a 30 day hold on the car if the driver was charged for CVC 23013, but that's VERY rare.

And DVD 23103 generally requires more than a simple speed violation. The courts like to see three or more moving violations to qualify for reckless driving, but one really heinous act CAN qualify.

If it's relatively benign, you may be able to get it dropped to unsafe speed (CVC 22350) - an infraction.

And, the most common reason to hold a car for 30 days is because the driver has either never had a license or has a suspended license.

Hmm this is a new development, As I said before I have never gotten into anything like this before so I do not know the law when it comes to this. The most trouble i've been in was a curfew ticket when I was 16. My driving record has been clean for the past 5-6 years with the exception of a few parking tickets. I have also consulted a family attorney and from his experience, the 30 impound and the reckless driving charge seems a bit excessive given the situation, but then again I do live in a city with very little violent crime so our traffic officers are a bit more gung-ho then lets say, LAPD.

It depends upon what section was used to impound the car. If it was impounded per CVC 14602.6, you will need to attend an impound hearing at the impounding agency. if it was for CVC 14602.7, you will have to see a judge.

EDIT: Oh! And if you were involved in a speed contest and cited for that offense as well (CVC 23109, I believe) then the car can be towed for 30 days.
- Carl

Apprently I am being assigned a Traffic investigator who will decide if my car will be released before the 30 day impound (So I was told by the issuing officer) He did try to pin us with speed contest but since it didn't add up that charge was not applied. To sum it up it was just two drivers driving a bit too fast for wet conditions.

Originally Posted by Mike_shin

...He did try to pin us with speed contest but since it didn't add up that charge was not applied....

You realize that the story you are telling does not ring true?

Are you SURE you are telling us everything?

[Mike_shin]

Originally Posted by seniorjudge

You realize that the story you are telling does not ring true?

Are you SURE you are telling us everything?

I don't understand, I have nothing to hide. What part of the story does not add up to you?

EDIT: Here's a copy of the citation if it helps any.

http://img.photobucket.com/albums/v1...C_5669copy.jpg

[url]http://img.photobucket.com/albums/v124/shin12345/Car%20photos/Mike%20Shin/[/url]

Mike, you have exceptionally nifty racing cars....

I believe all my questions have been answered.

Thank you.

[Mike_shin]

Originally Posted by seniorjudge

Mike, you have exceptionally nifty racing cars....

I believe all my questions have been answered.

Thank you.

Haha, thanks I am a photographer by profession.