Reckless Driving from Car Accident, CA (URGENT PLEASE HELP)

[aupperk]

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

I have a hearing in 2 days where I can plead Guilty, No Contest, Not Guilty.
I was in a car accident where a car in oncoming traffic was coming on to my lane so I swerved into the other side to avoid an accident and they decided to swerve back and made it look like I was the one that swerved into their lane. I know there's probably no way to prove that the event happened that way, but I was sober(the police did a breathalyzer test, I was going about 7-10mph above speed limit but that's pretty normal in the neighborhood. I have 1 speeding ticket from 2 years ago. I'm a last year student at a university and have a full time job offer and the job does background check. I have a friend in the car that saw it happen, but it's my word against a citizen in town that doesn't like college students.

What should I plea, I don't have money to get a lawyer or an attorney.

 

[CdwJava]

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

I have a hearing in 2 days where I can plead Guilty, No Contest, Not Guilty.

That's an arraignment.

I was in a car accident where a car in oncoming traffic was coming on to my lane so I swerved into the other side to avoid an accident and they decided to swerve back and made it look like I was the one that swerved into their lane. I know there's probably no way to prove that the event happened that way, but I was sober(the police did a breathalyzer test, I was going about 7-10mph above speed limit but that's pretty normal in the neighborhood. I have 1 speeding ticket from 2 years ago. I'm a last year student at a university and have a full time job offer and the job does background check. I have a friend in the car that saw it happen, but it's my word against a citizen in town that doesn't like college students.

What should I plea, I don't have money to get a lawyer or an attorney.

What code section are you charged with? If VC 23103 (reckless driving) and it is being charged as a misdemeanor, you will have the right to court appointed counsel.

If you wish to contest the citation, you plead "not guilty."

 

[aupperk]

That's an arraignment.


What code section are you charged with? If VC 23103 (reckless driving) and it is being charged as a misdemeanor, you will have the right to court appointed counsel.

If you wish to contest the citation, you plead "not guilty."

It is VC 23105(A)

 

[CdwJava]

VC 23105(a)?!?! ... uh, THAT is more serious - that's reckless driving with injury!

23105. (a) A person convicted of reckless driving in violation of
Section 23103 that proximately causes one or more of the injuries
specified in subdivision (b) to a person other than the driver, shall
be punished by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code, or by imprisonment in a county jail for not
less than 30 days nor more than six months, or by a fine of not less
than two hundred twenty dollars ($220) nor more than one thousand
dollars ($1,000), or by both that fine and imprisonment.
(b) This section applies to all of the following injuries:
(1) A loss of consciousness.
(2) A concussion.
(3) A bone fracture.
(4) A protracted loss or impairment of function of a bodily member
or organ.
(5) A wound requiring extensive suturing.
(6) A serious disfigurement.
(7) Brain injury.
(8) Paralysis.
(c) This section does not preclude or prohibit prosecution under
any other provision of law.​

This is unlikely to be pursued in Traffic Court and will almost certainly be charged as a misdemeanor with the possibility of jail time. As such, the court should appoint counsel if you cannot afford legal representation.

 

[aupperk]

VC 23105(a)?!?! ... uh, THAT is more serious - that's reckless driving with injury!

23105. (a) A person convicted of reckless driving in violation of
Section 23103 that proximately causes one or more of the injuries
specified in subdivision (b) to a person other than the driver, shall
be punished by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code, or by imprisonment in a county jail for not
less than 30 days nor more than six months, or by a fine of not less
than two hundred twenty dollars ($220) nor more than one thousand
dollars ($1,000), or by both that fine and imprisonment.
(b) This section applies to all of the following injuries:
(1) A loss of consciousness.
(2) A concussion.
(3) A bone fracture.
(4) A protracted loss or impairment of function of a bodily member
or organ.
(5) A wound requiring extensive suturing.
(6) A serious disfigurement.
(7) Brain injury.
(8) Paralysis.
(c) This section does not preclude or prohibit prosecution under
any other provision of law.​

This is unlikely to be pursued in Traffic Court and will almost certainly be charged as a misdemeanor with the possibility of jail time. As such, the court should appoint counsel if you cannot afford legal representation.

Should I do no contest or not guilty? the accident I was in was like 5-10 mph above speed limit and I was sober. Do I get legal representation anyways? I'm not sure I could win if I fought the case, I've never been summoned like this before.

 

[quincy]

Should I do no contest or not guilty? the accident I was in was like 5-10 mph above speed limit and I was sober. Do I get legal representation anyways? I'm not sure I could win if I fought the case, I've never been summoned like this before.

Most attorneys will recommend that you plead "not guilty" at your arraignment. A new hearing will be scheduled. The judge will ask if you need a court appointed attorney (or, if he doesn't ask, you can request a court appointed attorney), if you cannot afford a private attorney.

Between this first hearing and the subsequent hearing, you have time to work with your attorney on a defense to the charge and/or your attorney can work with you and the prosecutor on a plea deal which can perhaps get the charge reduced (or, potentially and depending on the facts, get the charge dismissed - although I wouldn't count on this).

As a note: A "no contest" plea is treated by the court as a "guilty" plea. It can be advisable in some cases to plead "no contest" instead of "guilty" if it is believed, in addition to the criminal action, a separate civil action might be filed.

Because of the seriousness of the charge, you will want an attorney to assist you, and you will want to follow his advice and direction.

Good luck.

 

[aupperk]

Most attorneys will recommend that you plead "not guilty" at your arraignment. A new hearing will be scheduled. The judge will ask if you need a court appointed attorney (or, if he doesn't ask, you can request a court appointed attorney), if you cannot afford a private attorney.

Between this first hearing and the subsequent hearing, you have time to work with your attorney on a defense to the charge and/or your attorney can work with you and the prosecutor on a plea deal which can perhaps get the charge reduced (or, potentially and depending on the facts, get the charge dismissed - although I wouldn't count on this).

As a note: A "no contest" plea is treated by the court as a "guilty" plea. It can be advisable in some cases to plead "no contest" instead of "guilty" if it is believed, in addition to the criminal action, a separate civil action might be filed.

Because of the seriousness of the charge, you will want an attorney to assist you, and you will want to follow his advice and direction.

Good luck.

Thank you. Tomorrow I will go in and plead not guilty and request a court appointed attorney.
Would I have to pay anything upfront, or be held after pleading? I have a midterm at 12:30PM and the arrangement is at 8:15am.
Would I have to bring any financial proof in tomorrow to show that I cannot afford an attorney?

 

[Zigner]

Thank you. Tomorrow I will go in and plead not guilty and request a court appointed attorney.
Would I have to pay anything upfront, or be held after pleading? I have a midterm at 12:30PM and the arrangement is at 8:15am.
Would I have to bring any financial proof in tomorrow to show that I cannot afford an attorney?

You sure waited until the last minute. Good luck on making the mid-term. You might...but I hope you made alternate testing arrangements instead.

 

[CdwJava]

Thank you. Tomorrow I will go in and plead not guilty and request a court appointed attorney.
Would I have to pay anything upfront, or be held after pleading? I have a midterm at 12:30PM and the arrangement is at 8:15am.
Would I have to bring any financial proof in tomorrow to show that I cannot afford an attorney?

You MIGHT be instructed to get "booked" at the hearing, or, told to do so before your next appearance. That might take a couple of hours.

The odds of you being remanded into custody are slim.

 

[aupperk]

You MIGHT be instructed to get "booked" at the hearing, or, told to do so before your next appearance. That might take a couple of hours.

The odds of you being remanded into custody are slim.

Got a public defender, need to go again next month

 

[Zigner]

Got a public defender, need to go again next month

Excellent - and plenty of time to get to the mid-term!

 

[quincy]

Got a public defender, need to go again next month

Sorry no one ran across your thread last night to answer your final questions. But the fact that you are not posting from jail is encouraging news, as is the fact that you now have an attorney.

And I hope you did well on your midterm, if you had the time after your hearing to take it (in Detroit-area courts, you would probably STILL be waiting to hear your case called ).

Good luck.

 

[aupperk]

Sorry no one ran across your thread last night to answer your final questions. But the fact that you are not posting from jail is encouraging news, as is the fact that you now have an attorney.

And I hope you did well on your midterm, if you had the time after your hearing to take it (in Detroit-area courts, you would probably STILL be waiting to hear your case called ).

Good luck.

It took 2 hours in court.
I was 2nd to be called, and was asked by the judge if I am going to be represented, and could I afford one. Then after expressing my financial problem he offered a public defender. I waited as the court goes through everyone then afterward I was called up again to fill paperworks and receiving a public defender. The person sitting in the middle is going to get the hospital injury report and we'll have that during the next time I go in. I'm pretty scared that I'm going to do jail time for a car accident. I did make it to my midterm Thank you everybody! I'll keep everyone posted on the case and how it's going. You've all been very helpful!

 

[quincy]

It took 2 hours in court.
I was 2nd to be called, and was asked by the judge if I am going to be represented, and could I afford one. Then after expressing my financial problem he offered a public defender. I waited as the court goes through everyone then afterward I was called up again to fill paperworks and receiving a public defender. The person sitting in the middle is going to get the hospital injury report and we'll have that during the next time I go in. I'm pretty scared that I'm going to do jail time for a car accident. I did make it to my midterm Thank you everybody! I'll keep everyone posted on the case and how it's going. You've all been very helpful!

Thank you, aupperk, for letting us know how the day went for you.

From what CdwJava posted about VC 23105(a), if you are convicted of reckless driving, jail is definitely a possibility. I imagine your attorney will try to work with the prosecutor to get the charge reduced or, if impossible to do so based on the facts of the accident, work toward fines instead of jail time.

Please let us know how all is going. Good luck.