Regarding a Reckless Driving Charge in California

[daizzd]

My question involves criminal law for the state of: California.

I was pulled over about a week ago and I thought to myself, here we go again another speeding ticket. Boy was I shocked to find out
that what the officer had actually cited me for was "reckless driving". I was even more surprised to find out that it was a misdemeanor which could have other consequences if you are not a citizen of the U.S.. I am a legal U.S. resident with a green card. I know for sure that if you are not a citizen that you can and will be deported for felonies that you are convicted of but can I be deported if I am convicted of a misdemeanor?

I can admit to the speeding charge however I don't think my driving arose to the level of reckless driving. There was very little traffic out on the road in fact for the distance that the police officer said he followed me, which was by his own admission about 1 mile there was only 2 other vehicles out on the road
and the weather was clear with good viability and for once I was totally legal with registration and proof of insurance and a valid drivers license.

The interesting part of the whole story is that the officer never
gave me a field sobriety test nor did he ask to search my car. In fact he didn't even impound my car. He simply issued me the citation with an incorrect court date which I signed and I was on my way. You ask how do I know it was the incorrect court date?
well a few days later I got a notice in the mail which was mailed
to my address by a witness on behalf of the officer informing me of the correct court date.

What exactly determines if one was driving recklessly?
should I consider getting an attorney to represent me?

Thank you for taking the time to read this thread and any advice you may have would be greatly appreciated.

[cdwjava]

I was pulled over about a week ago and I thought to myself, here we go again another speeding ticket. Boy was I shocked to find out
that what the officer had actually cited me for was "reckless driving". I was even more surprised to find out that it was a misdemeanor which could have other consequences if you are not a citizen of the U.S.. I am a legal U.S. resident with a green card. I know for sure that if you are not a citizen that you can and will be deported for felonies that you are convicted of but can I be deported if I am convicted of a misdemeanor?

Probably not.

The interesting part of the whole story is that the officer never gave me a field sobriety test nor did he ask to search my car.

Reckless driving per CVC 23103(a) is not a DUI. The police do not conduct FSTs on people they do not suspect of DUI. And why would he want to search your car for a traffic matter?

In fact he didn't even impound my car.

Lucky for you.

He simply issued me the citation with an incorrect court date which I signed and I was on my way. You ask how do I know it was the incorrect court date?
well a few days later I got a notice in the mail which was mailed
to my address by a witness on behalf of the officer informing me of the correct court date.

SO it was amended. That means you need to show on the amended date. Nothing improper there.

What exactly determines if one was driving recklessly?

Here is the section:

23103. (a) A person who drives a vehicle upon a highway in willful
or wanton disregard for the safety of persons or property is guilty
of reckless driving.
(b) A person who drives a vehicle in an 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) Except as otherwise provided in Section 40008, 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
or 23105.

Typically, the courts want to see the state articulate at least 3 negligent acts to articulate a reckless driving complaint. So, if the officer argues an unsafe speed, weaving in and out of the lane or traffic, and maybe something else, then that should be enough. Some courts might go with 2.

"Willful" means with intentional disregard for safety. "Wanton" means while being conscious (aware) of the conduct, intending to do or omit the act in question, realizing the probable injury to another, and recklessly disregarding the consequences. (Dewey (1996) 42 Cal.App.4th 216, 221; Schumacher (1961) 194 Cal.App.2d 335, 340.)

The most common example of reckless driving is high-speed driving, but it takes something beyond just speeding, simple negligence, or even "gross" negligence. (Allison (1951) 101 Cal.App.2d Supp. 932, 935.)

should I consider getting an attorney to represent me?

Yes, you should consider it - particular if it is ultimately filed as a misdemeanor and not dropped to an infraction.