Reckless Driving

[tgonzalez89]

I live in California and my friend was recently charged with reckless driving. He was driving over 100 mph. He had his court date last week and supposedly he was going to be charged a fine of $500, a license suspension, and 15 days in jail. He pleaded not guilty and now his trial is set for August 25. He is really worried that because school is starting and he really doesn't want to go to jail. Is there any way to get out of this? The fine is no problem, but it's the jail part that is the concern. Should a lawyer be involved?

 

[OP85063]

He is really worried that because school is starting and he really doesn't want to go to jail.

You do the crime, you should do the time. Did it occur to him, that he might get caught and go to jail for doing 100MPH.

Is there any way to get out of this?

No, he'll have to go and face it, a lawyer can be a huge help to him here.

Should a lawyer be involved?

Unless he has more knowledge than the lawyer, he should get one.

 

[occharge]

1. What vehicle code section is he being charged with?

2. What speed was he charged with driving & how did the officer estimate it?

3. How did he know what the outcome was going to be if he plead "not guilty"?

 

[CdwJava]

It should also be noted that if charged with CVC 23103 (reckless driving) that it cannot be as a result of excessive speed by itself. Some other bad act of driving would have to accompany the excessive speed before the charge could be successfully prosecuted.

Yes, he needs an attorney. Since jail time is a possibility, he should be eligible for a public defender if he cannot afford one. And if he has been charged improperly with 23103 (as a result of speed only, for example) an attorney can help him get the matter reduced to a more appropriate offense that won't result in a criminal offender record.

- Carl

 

[tgonzalez89]

Thanks

Thanks everyone who responded. I don't have all the facts so I wasn't sure about the violation codes. I know that he should be held accountable, but this was a one time occurence and a stupid mistake.

He knew what the outcome would be because a man came up to him and told him to sign some papers (which he did not read) and he told him what was going to happen.

I just had one more question. How can he get a public defender??

 

[JIMinCA]

Well... I don't want to sound too critical, but your friend can't stop making stupid mistakes. First, the reckless driving, then he signed something in court without even knowing what it is. I'd bet that he signed a waiver to a his right to a speedy trial. This guy needs to slow down in his life...

 

[occharge]

He knew what the outcome would be because a man came up to him and told him to sign some papers (which he did not read) and he told him what was going to happen.

Huh?
What "forms" did he sign?

I just had one more question. How can he get a public defender??

He can ask the judge for one... He'll have to fill out a couple of forms and the court will decide if he qualifies...
He can also contact the public defender's office at the court where the case is pending.