Results 1 to 8 of 8

Hybrid View

  1. #1
    Join Date
    Feb 2009
    Posts
    5

    Default Chirruping My Tires Shifting to 2nd Gear, Reckless 23103 in California

    My question involves a reckless driving ticket from the State of: CA,
    I stoped at a four way stop . I pulled away accelerating in 1st gear. Then as I shifted in to 2nd gear I droped the cluch a little too fast, my tires chirruped ever so slightly. Long story short, a city officer gave me a citation for Misdemeanor reckless driving CA Veh. Code 23103.
    Dose this seen far? I was not speeding at all and even on the citation the officer marked than I was traveling at a safe rate of speed. Im going to court for the first time regarding this matter on 4-28-09. I plan to fight it. unless I realy did do something wrong. But as of now I feel that Im the victom of a young hyped up officer in his twentys.

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

    Default Re: Chirruping My Tires Shifting to 2nd Gear, Reckless 23103 in California

    It seems a bit excessive to me, but... let me guess. You are driving some sort of modified vehicle and you accelerated very quickly. You can dispute the ticket and try to get it reduced or dismissed.

  3. #3
    Join Date
    Feb 2009
    Posts
    5

    Default Re: Chirruping My Tires Shifting to 2nd Gear, Reckless 23103 in California

    I was driving a stock 94 plymouth colt with a 2.2L four cylinder and a its a manual clutch.
    I was not hot roding around in a fast car. I was just on my way home in my old beater that I picked up for free from a friend.

  4. #4
    Join Date
    Feb 2009
    Posts
    5

    Default Re: Chirruping My Tires Shifting to 2nd Gear, Reckless 23103 in California

    The thing that made the officer so angery with me is the fact that he was a marked K-9 drug unit and I am a MEDICAL cannabis user. I had a small amount of cannabis in my possession at the time and he smelled it. I showed him all the paper work needed to prove Im in full compliance with state law.
    I think the citation he gave me for reckless driving 23103 was more a punishment for the cannabis in my possession. I think the officer had his own thoughts on medical cannabis use. He could not punish me for the cannabis so I think that fact made him angery with me. He took out his anger with medical cannabis on me and gave me a citation that was way way overboard.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Chirruping My Tires Shifting to 2nd Gear, Reckless 23103 in California

    Speeding is not an element of reckless driving. It CAN be one of the pieces used to determine reckless driving per VC 23103, but it is NOT the determining factor.

    Yes, chirping of tires can be used as an exhibition of speed (VC 23109(c)), but I think that 23103 is reaching. You might prevail as a result of the officer's errant code section.

    - Carl

  6. #6
    Join Date
    Feb 2009
    Posts
    5

    Default Re: Chirruping My Tires Shifting to 2nd Gear, Reckless 23103 in California

    23109(c) A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.
    I dont think this has anything to do with me releaseing the clutch too fast.
    The citation reads(Speed Approx. 35)(P.F./max Spd. 35)(Safe Spd. 35).
    If the officer marked my rate of speed as safe how is it possible I could be guilty of exhibition of speed?

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Chirruping My Tires Shifting to 2nd Gear, Reckless 23103 in California

    Quote Quoting Nuteboy
    View Post
    23109(c) A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.
    I dont think this has anything to do with me releaseing the clutch too fast.
    The citation reads(Speed Approx. 35)(P.F./max Spd. 35)(Safe Spd. 35).
    If the officer marked my rate of speed as safe how is it possible I could be guilty of exhibition of speed?
    An exhibition of speed is anything that shows or implies an attempt to take off at a high speed, to show off, to "light 'em up", etc. That's what happens when you release the clutch too fast in some cases. So, perhaps you had better learn how to operate your car in a safer manner.

    Fortunately for you, the officer charged a higher offense with a much higher burden of proof. Unless the section is amended prior to trial, you should come out okay.

    - Carl

  8. #8
    Join Date
    Feb 2009
    Posts
    5

    Default Re: Chirruping My Tires Shifting to 2nd Gear, Reckless 23103 in California

    Thanks for your input. It makes me feel much better about what the outcome may be. I am looking for a attorney. I hope $1000-$1500 will cover the cost of a good attorney. I can't realy afford much more than that. For a good attorney to represent a defendant for criminal misdemeanor it cost about $2500 up tell trial. I hope a traffic misdemeaneor wont cost that much.

    1. Sponsored Links
       

Similar Threads

  1. Reckless Driving: Reckless Driving in Off Street Parking Lot, CVC 23103.5 (B)
    By jrau in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 06-30-2010, 11:17 PM
  2. Reckless Driving: Reckless Driving 23103(b) CA
    By hipperman5 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 04-17-2008, 05:21 PM
  3. Exhibition of Speed and Squealing Tires in California
    By Enoch in forum Moving Violations, Parking and Traffic Tickets
    Replies: 14
    Last Post: 12-04-2007, 06:13 PM
  4. Reckless Driving: CVC 23103, Reckless Driving in California
    By Crinale in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 09-17-2007, 09:13 AM
  5. Burglary: Stolen gear at pawn shops
    By stimulights in forum Criminal Charges
    Replies: 1
    Last Post: 12-03-2006, 10:54 AM
 
 
Sponsored Links

Legal Help, Information and Resources