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Old 11-30-2004, 04:24 PM
brendantaft
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reckless driving in CA, NEED HELP!!!


California

I live in Southern California and I got pulled over for reckless driving on a public and neighborhood streets. Going about 60 in a 40 on the public and 50 in the neighborhood with a minor in the car. I was not charged with the minor but only with reckelss driving. The officer said I was running away from him but I only took a few corners around the neighborhood because I panicked and was scared, he pulled me over in the first place for going 60 in a 40... I just turned 18 and still in high school and this was my first offense and encounter with the law for traffic violations. I previously recieved a infraction for modified exhaust and no front license plate but I dont think that matters. I knew what I did was stupid but its in the past...What Do I DO?!
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Old 11-30-2004, 06:12 PM
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You get an attorney and do NOT miss any court dates.

Reckless driving: CVC 23103(a), is a misdemeanor with the potential of jail time ... though it usually does not result in that. You are LUCKY that you were not charged with evasion. I would have charged you with both the evasion and child endangerment if you tried to flee.

Talk to an attorney.

- Carl
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Old 11-30-2004, 07:30 PM
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Carl is correct, you got off very lucky. Thie first thing that you need to do is to tell your parents. I assume that you are on their insurance and they will be in for a nasty surprise if this goes down as a reckless violation. Since you are now an adult they may want to consider putting a car in your name with your own insurance.

An attorney will be in your and their best interest.

Side note to Carl:
I know in VA 20mph over is an automatic reckless. Does CA have a similar mph or is it up to the officer?
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Old 11-30-2004, 07:48 PM
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Quote:
Originally Posted by lwpat
Side note to Carl:
I know in VA 20mph over is an automatic reckless. Does CA have a similar mph or is it up to the officer?
None that I am aware of by statute. The usual rule of thumb, as I have discovered, is that there needs to be three or more moving violations or an articulable threat to the public or a passerby for it to qualify as reckless.

- Carl
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Old 12-01-2004, 06:37 PM
brendantaft
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ok so I just found out that the officer wrote me down for the 23109(a) which is "speed contest". Doesn't there have to be another car there to have a speed contest or some kind of race against the time to call it a "speed contest"?
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Old 12-01-2004, 06:41 PM
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Quote:
Originally Posted by brendantaft
ok so I just found out that the officer wrote me down for the 23109(a) which is "speed contest". Doesn't there have to be another car there to have a speed contest or some kind of race against the time to call it a "speed contest"?
Another vehicle is not required, but he would have to articulate that you were speeding for a time or to beat someone or something. It's silly to cite for CVC 23109(a) without anything further. Unless he has some more information that you don't know about or are not providing, chances are it will be dropped to at least CVC 23103(a) (Reckless driving) or CVC 22350 (unsafe speed).

- Carl
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