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*With Pictures* - Reckless Driving.........Seems excessive?

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  • #31
    Originally posted by ateamer View Post
    Your drivng record, demeanor and the officer's demeanor are irrelevant. Spinnng brodies with a child in the car is willful and wanton disregard for the safety of others. It's reasonably likely that you can lose positive control of directional control and acceleration when the tires break traction and then regain it.

    Participating in a driving school does not negate or authorize your driving. If the school even covered how to spin a doughnut, you'll need to produce the instructor, the course syllabus, lesson plan and documentation of succesful knowledge and practical testing for a judge to buy that you could do so safely. If such a lesson was taught, it surely would have included a precaution against doing it on private property without the owner's permission, and without careful inspection of the pavement to insure against defects which could contribute to loss of control.

    Regarding the 30 day impound, it is authorized by California law. There is an appeal procedure, and you were no doubt given written notice of such along with a copy of the tow form.
    Unfortunately there is no appeal process for RD. At least that is what I was told? The officer I spoke with said my only option was to try and get ahold of the DA before end of 30 day impoundment and see if they will drop the case.

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    • #32
      Originally posted by not.in.MY.town View Post

      I'm not familiar with California law nor do I know how these things are "typically" handled there. Consulting an attorney might be your safest bet.

      In my neck of the woods, I could confidently tell you NOT to waste your money on an attorney, but instead have a polite, respectful conversation with the prosecutor prior to your hearing. As long as you accept responsibility, don't try to BS him, don't try to "educate" him on the law, and don't criticize the citing officer I can almost guarantee you he would reduce the charge from reckless driving to careless driving. Prosecutors (and cops) are people too, and for the most part, aren't out to stick it to first time offenders who had a lapse in judgment. But again, your attitude can make all the difference.
      Thanks. Good advice, although it seems in Ca RD can not be reduced (I believe it's because it's a misdemeanor?) to a moving violation, it can only be dropped/dismissed. Can anyone verify?

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      • #33
        Originally posted by grahambo0101 View Post

        Thanks. Good advice, although it seems in Ca RD can not be reduced (I believe it's because it's a misdemeanor?) to a moving violation, it can only be dropped/dismissed. Can anyone verify?
        The DA has the discretion to amend the complaint to another misdemeanor or to an infraction.

        Government is not the solution to our problem; government is the problem. - Ronald Reagan

        I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

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        • #34
          Originally posted by ateamer View Post
          The DA has the discretion to amend the complaint to another misdemeanor or to an infraction.
          Thank you for the correction. Much appreciated.

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          • #35
            *UPDATE*

            For those of you interested, my case was dismissed in Oct 2017. Charges were never even filed. In Nov, I received a letter titled "Detention Certificate" stating that i had NOT been arrested, rather, it was just a detention. I then proceeded to file for reimbursement for tow/impound charges and not only did I receive the tow related fees back, I was also reimbursed for my car rental fees as well.

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            • #36
              If that happened, it would not have happened in New York.

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              • #37
                My crystal ball says shortly after citing you, the arresting officer died, was fired, or was hired by another agency and the arrest report in substantiation of your case was never completed. Or, the court officer screwed up and your arrest report and accompanying citation fell out of his in box, slipped behind his desk and was never discovered until they went to rearrange office furniture and found it after the statute of limitations had run. (I once found mislaid subpoenas I was supposed to serve 30 years after the court date.) Either way, you are lucky and the agency has egg on its face.
                Going too far is half the pleasure of not getting anywhere

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