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  1. #1
    Join Date
    Jan 2010
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    3

    Default Reckless Driving, Unsafe Passing on Right

    My question involves a reckless driving ticket from the State of: California

    On August 1, I was involved in an accident, injuring myself and my passenger. I received a letter from the District Attorney, charging me with:

    VC 23104 (A) RECKLESS DRIVING CAUSING BODILY INJURY
    VC 21755 UNSAFE PASSING ON RIGHT (SHOULDER)

    I am to appear in court on Tuesday morning. I am trying to figure out what my possible outcome will be on my court date. Looking up the VC, I'm interpreting it as possible jail time, a fine, or both.

    I currently have 1 point on my driving record from talking on the phone while driving. I have never been arrested, clean record. What are the chances of me going to jail for "not less than 30 days nor more than six months?"

    I believe this will all depend on the judge but I am wondering if the court appointed public defender will suffice or should I hire a lawyer.

    Thank you for your time.

    V C Section 23104 Reckless Driving Bodily Injury
    Reckless Driving: Bodily Injury

    23104. (a) Except as provided in subdivision (b), whenever reckless driving of a vehicle proximately causes bodily injury to a person other than the driver, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in the 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 the fine and imprisonment.

    (b) A person convicted of reckless driving that proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to a person other than the driver, who previously has been convicted of a violation of Section 23103, 23104, 23105, 23109, 23109.1, 23152, or 23153, shall be punished by imprisonment in the state prison, by imprisonment in the 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 the fine and imprisonment.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Reckless Driving, Unsafe Passing on Right

    I suggest working with a lawyer on this one, and trying to plea bargain down to a lesser offense.

  3. #3
    Join Date
    Jan 2010
    Posts
    3

    Default Re: Reckless Driving, Unsafe Passing on Right

    Had my arraignment this morning....

    I won't say my outcome can be had by anyone facing the same charges as myself but this is what happened for me.

    2yrs probation instead of "mandatory 30 days"
    unsafe passing on shoulder infraction was waived
    $1150 for reckless driving violation but total came out to ~$1400 after miscellaneous court fees
    no luck reducing the misdemeanor to an infraction, so this will stay on my record for 2yrs

    I honestly feel if I had not injured my friend in the accident, I could've had the misdemeanor reduced. It was such a stupid mistake on my part, totally wasn't thinking right. I'm just hoping for my friend's speedy recovery and in the meantime, I will obey all traffic laws.

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