reckless driving in ca

[jimmyjam]

What is the name of your state? California


I was stopped at a stop sign after eating dinner. I took off a little fast and ended up burning some rubber. I was stopped and given an reckless driving ticket. It was about 10:00pm no ped or other cars were around. If I hire an attorney is there a way to get this reduced. What are the consequences Im facing. Is it true if the police officer does not show up its dismissed. The police officer was a total jerk calling me a punk, and telling me your going to pay for this one etc.

thanks

[CdwJava]

Originally Posted by jimmyjam

What is the name of your state? California


I was stopped at a stop sign after eating dinner. I took off a little fast and ended up burning some rubber. I was stopped and given an reckless driving ticket. It was about 10:00pm no ped or other cars were around. If I hire an attorney is there a way to get this reduced. What are the consequences Im facing. Is it true if the police officer does not show up its dismissed. The police officer was a total jerk calling me a punk, and telling me your going to pay for this one etc.

thanks

The ticket could be dismissed if the officer doesn't show. Specifically, what section were you cited under?

"Burning rubber" is sufficient for a violation of CVC 23109(c) - exhibition of speed. This is probably what you were cited for. If so, and they choose to charge it as a misdemeanor and not as an infraction, you face up to 90 days in jail and a $500 fine. Fear not, however, as I have never seen anyone tossed in the clink for this. They will likely charge it as an infraction ... it's cheaper for the county to try it in traffic court, and it keeps you out of jail.

- Carl

[gawm]

Originally Posted by jimmyjam

What is the name of your state? California


Is it true if the police officer does not show up its dismissed. The police officer was a total jerk calling me a punk, and telling me your going to pay for this one etc.

thanks

Sounds like he was really annoyed at you. I wouldn't count on him not showing up!

[jimmyjam]

the vehicle code on this one was 23103A. Thanks for the info, do you suggest hiring an attorney. I never broke th speed limit of 35

jimmyjam

[CdwJava]

Originally Posted by gawm

Sounds like he was really annoyed at you. I wouldn't count on him not showing up!

While the officer shouldn't have permitted himself to lose it like that, such a response usually begins with the person contacted and their attitude. Not always so, but usually.

- Carl

[jimmyjam]

I was very respectful to the officer he came to me and the first words were what a punk you are what were you thinking and your going to pay for this. I did exactly what he asked me to do. Never talked back or anything. just a jerk i guess

[gawm]

Originally Posted by CdwJava

While the officer shouldn't have permitted himself to lose it like that, such a response usually begins with the person contacted and their attitude. Not always so, but usually.

- Carl

Based on my past experience with run in's with the police I would agree with that!

[CdwJava]

Originally Posted by jimmyjam

the vehicle code on this one was 23103A. Thanks for the info, do you suggest hiring an attorney. I never broke th speed limit of 35

jimmyjam

Sounds you like you really ticked him off.

Supporting a charge of 23103 (reckless driving) will take more than simply squealing rubber. So unless you fishtailed, and committed a coupl eo fother heinous acts in the midst of this acceleration, he's going to have a tough time supporting the charge.

This is usually charged as a misdemeanor but CAN also be doe as an infraction if they drop the potential jail time off. My guess is that it will be reduced to the 23109(c) charge before court. If not, then he probably will lose if the ONLY thing you did was squeal your tires.

CVC 23103(a) is punishable as follows:

(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 ...

So, in this offense you could face a mandatory jail time and a mandatory fine. And if the officer had really thought you guilty of the offense, he could have impounded the car as well.

I would recommend at least consulting an attorney who specialized in traffic offenses in your area. He will likely know whether this will be charged as an infraction or a misdemeanor, and will be able to tell you what the local court's threshold is for a reckless charge ... usually it is from 3 to 5 seperate moving violations, but this may vary somewhat.

- Carl

[CdwJava]

Originally Posted by jimmyjam

I was very respectful to the officer he came to me and the first words were what a punk you are what were you thinking and your going to pay for this. I did exactly what he asked me to do. Never talked back or anything. just a jerk i guess

It could be your act was a little less innocent than you have portrayed it.

Or, he was having one of those days and in one of those moods.

- Carl

[jimmyjam]

thank you for the advice. Im telling you all i did was take off a little fast and burn some rubber. I went back to the stop sign where it happened and took pictures of the scene. There were skid marks there about 3 feet long. My friend was also in a car in the parking lot and was a witness. I will take your advice and look into hiring an attorney and try to get it reduced to an infraction. You mentioned it could be reduced before court, what is that about? thanks again