Caught For Reckless Driving In San Jose, California

okay so my situation is, i was doing some stupid turns while drifting in a parking lot. I got out of the car and switched with my friend so i can teach him how to drive stick shift. While hes trying to learn a cop comes and pulls us over. We were in an empty school parking lot and the cop asks who was doing donuts. Technically i wasnt doing donuts so i say no. The cop says im lying to he says hes gonna arrest me and to go in the car. I say okay okay i did one donut. Then he says that i did 7. He puts on the ticket my approximate speed and everything. Can i fight this? He never even saw me driving at all.

does anyone know what my charges might be? i got a 23103b misdemeanor

How's this:

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Quoting CVC 23103

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Reckless Driving
23103. (a) ( )1 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) ( )2 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) 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.

Amended Sec. 19, Ch. 739, Stats. 2001. Effective January 1, 2002.
Amended Sec. 16, Ch. 682, Stats. 2007. Effective January 1, 2008.
The 2007 amendment added the italicized material, and at the point(s) indicated, deleted the following:

1. “Any person who drives any”
2. “Any person who drives any vehicle in any”

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I would say hire an attorney or start practicing on eating beans and potato salad. You probably should also get a map of the bus routes.

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Quoting dsovip

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Can i fight this? He never even saw me driving at all.

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If he never saw YOU driving, then why didn't he cite your friend who wsa learning to drive stick??

Apparently he DID see you driving ... either that, of he made a lucky guess that you had been driving and also correctly guessed that you had made some "stupid turns."

- Carl

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Quoting cdwjava

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If he never saw YOU driving, then why didn't he cite your friend who wsa learning to drive stick??

Apparently he DID see you driving ... either that, of he made a lucky guess that you had been driving and also correctly guessed that you had made some "stupid turns."

- Carl

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it turns out one of the cops asked my friend who was doing donuts and he said me. Do you guys think i can fight this? Also since this will add two points to my record and i will then have a total of 3 points, does this mean they can suspend my license?

if i fight this in court and lose, will i go to jail for lying in court or something? or even lying to a police officer? will they suspend my license for this?

Quote:

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Quoting dsovip

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if i fight this in court and lose, will i go to jail for lying in court or something? or even lying to a police officer? will they suspend my license for this?

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If you fight it and lose, you will suffer the penalties for the offense(s) for which you have been cited. Your account being different from the officer's is not proof of perjury, it is simply conflicting testimony that the court has to evaluate.

If convicted for reckless driving, the court may suspend your license for up to 30 days and a two point hit will be made against your license.

- Carl

Quote:

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Quoting cdwjava

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If you fight it and lose, you will suffer the penalties for the offense(s) for which you have been cited. Your account being different from the officer's is not proof of perjury, it is simply conflicting testimony that the court has to evaluate.

If convicted for reckless driving, the court may suspend your license for up to 30 days and a two point hit will be made against your license.

- Carl

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oh really so only 30 days? i thought it was at least 6 months to a year

am i suppose to go to criminal justice court? i dont understand why its that serious..is that where all reckless driving charges go? i thought the worst would be traffic court