Hello All,

As the title suggests, got a reckless driving ticket going 112 MPH on a 65 MPH zone. To be clear, it was actually my GF that got the ticket, whom I stupidly peer-pressured into going full throttle.

I take full responsibility of my actions and the GF is pissed at me. Definitely doesn't absolve her, but I am doing my best to make amends for putting her into that position.

It was with a z06 (side note: AWESOME car by the way) over in the Malibu area in CA.

Did some research and it looks like we are looking at a fine of $500-$1000, and two points on her record, and potential 30 day license suspension.

First, is this correct?

Secondly, any advice on what I should tell the judge? I plan to go to court with her and basically plead guilty and explain to the judge how I peer pressured her , etc. Obviously, like I mentioned previously, this doesn't absolve her from her actions either. She has a clean record, and is a nice, well educated lady. I feel really bad for her ...really pissed off at myself.

Anyhow, my plan is to see if the judge can somehow reduce the charge just to a regular speeding ticket so she can just go to driving school to get her point off the record. I ideally wouldn't want her insurance to skyrocket from this mishap and she is a PhD student and money is tight with her.

Any advice?

EDIT: anyone know how much a good lawyer would cost me? Which would be better, just to man up and pay the fine and increase insurance hike or pay a lawyer and try to get off the hook? I was going to go with Option 1 (i.e. pay the fine and extra insurance hike), but some of the responses below are telling me to find a lawyer... I'm confused... lol.

EDIT 2: Phew, thanks for all the replies. It has been a VERY Long day for me, as I talked to three different lawyers about my situation and what the best possible route would be. I totally did not do much work today as I was so pre-occupied with this crap (I'm an engineer lol). Anyhow, LONG STORY short, let me correct some of the comments posted in this thread.
1) my GF got an infraction, not a misdemeanor
2) The punishment for this reckless driving offense in California are 2 points (which will lead to an insurance hike, about a two fold increase), potential 30 day license suspension (really depends on the judge), $900 fee.
3) I talked to a local lawyer that works in Ventura Superior Court for a lot of cases similar to my own, and she told me the judges are STICKLERS for speeders. The Officers are also sticklers for speeders. Meaning, she told me if I took it to court, the officer would most likely show up, would not do any plea bargains with you, and probably lose the case! she told me my best bet was to actually just plead guilty and accept the punishment, as she can probably arrange the judge not to give the 30 day license suspension
4) With all that being said, she said that she has won cases, by off chance, that the officer doesn't show up. She said its a probability game, and that I need to keep my expectations in check. but yes, if the officer doesn't show up, you win (Which is less likely but potentially possible). She said she will not be able to win the case if we went to trial though.
5) Best part is, she only charges $300 total! other laywers were charging $1200 and another lawyer $1600. I really believe in this lawyer because she was keeping it real and just telling me the truth through her experience. I can tell the other lawyers were just out there to get my money.
6) So what is the conclusion with all of this? Not sure yet, I gave all the info to my GF and awaiting her decision. I told her the best bet is to take this to trial and pray the officer doesn't show up. She is hesistant because she cant lose her license for 30 days and she needs her car everyday, and potentially rather just plead guilty and not get her license suspended. Anyhow, its up to her to decide, ill keep you guys posted the outcome!

Edit 3: Forgot to add, I did the math, it looks like this episode might end up costing me a total of 4-5K (900 for fee, 300 for lawyer, 3000 for total insurance cost increase over three years). The points stay on your record for three years. In the grand sceheme of things, its not that bad monetarily.....definitely does hurt...but livable. Now... how do I try to fix my relationship with my GF after all of this...lol

 

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1) Get a lawyer - one who represents himself in court is asking for the worst.

2) She's an adult - an intelligent one, at that. I seriously doubt a judge would not hold her accountable for her actions regardless of what you say. In fact, you will be impuning her by admitting you egged her on to break the law.

3) I wish you the best of luck and hope you get one of the more understanding judges. I'm not up on what they allow you to go to traffic court to expunge from your record but I suspect offenses that rate temporary suspension do not qualify.

 

Hire a lawyer, a good one. If her record is clean, they will have her take a class and probation. Not advocating for lawyers but they do what they do. The money part is another matter because it won't be cheap. Really sorry to hear but very admirable of you to step up.

 

Man up and pay for the ticket and car insurance . Good advice from Patches.

 

Yup, a lawyer should be able to fix that. Always fight it, never plead guilty.

 

. THAT is great advice. Never.

 

That's what I plan on doing....but would it be cheaper in the long run if I found a lawyer and somehow got off the hook?

 

I believe Reckless Driving in California is a misdemeanor, and can result in jail time.

Michael

 

Yes, a good lawyer from the area that knows the boys in the court is always an advantage. I've seen crazy things dropped to no point violations. Of course it won't be cheap but the savings on the insurance surcharges should make it worth it. Good Luck.

 

DO NOT EVER EVER EVER admit to anything in a court especially under oath. Your explaining to the judge that you in anyway encouraged, participated in or condoned excessive speeding, reckless driving, or anything that is illegal or unlawful WILL NOT in anyway reduce or eliminate her fine. Remember this is open court and will become part of the public record. You DO NOT want your name associated with this.
Depending on her driving record, how long she has been driving, the county and the judge and district attorney's day (and how many stupid driving tickets before the court that day) they may be extremely hard on someone driving a Corvette in excess of 100 mph. Expect the worst and hope for the best......and get a good traffic attorney....and expect to pay thru the nose for the attorney and the fine. Oh and expect her insurance to be raised for the next 3 years....if it doesn't get cancelled.....

 

ok thanks for the advice, will follow exactly what you wrote. Thank you!

 

At least here in IA, geting a lawyer will help negotiate driving school with the county attorney assigned to your case, unless you're connected enough to figure out who to talk to and how to do it yourself. You're still gonna pay her fine and driving school costs, but probably much much better than losing her license and the high risk insurance that will follow.

 

Is Reckless Driving a Misdemeanor in California? (Vehicle Code Section 23103)


Reckless driving is a misdemeanor in the state of California. According to California Vehicle Code Section 23103, “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.” A conviction for this offense can result in imprisonment in a county jail for up to 90 days and/or a fine of up to $1,000. These penalties can increase if someone was hurt or killed as a result of reckless driving or if you have a previous reckless driving conviction on your driving record.

She can end up with a permanent criminal record from this incident.

When facing any criminal charges, particularly charges that carry potential jail time, an experienced and reliable attorney can make the process more tolerable and increase the likelihood of you having a positive outcome in court.

Reckless Driving Laws & Penalties
California statute defines reckless driving as driving with “willful or wanton disregard for the safety of persons or property”. Reckless driving is a misdemeanor. If the prosecution can prove you drove in such a manner, you may be facing jail time.

There are several possible driving behaviors that could be considered in determining your guilt. The rate of speed, swerving, and tailgating are all possible behaviors the prosecution could use against you in court.

If she is found guilty of reckless driving she could (but not likely since there was no accident or injuries) face a potential sentence of up to 90 days in jail and fines up to $1,000. A conviction also counts as 2 points on your driving record. This kind of conviction will cause your auto insurance rates to be increased.

And even if there isn't really a risk of jail (you really aren’t in typical cases without serious injury or other consequences), ANY criminal conviction on she record can cause problems to your future opportunities. Background checks are commonplace for jobs, apartments, internships, volunteer opportunities, and many other purposes. Even a minor or misunderstood blemish on your record can get you passed over without you ever knowing about it.

Call our experienced California reckless driving criminal defense lawyers for a consultation on your case to see how an experienced lawyer can help.

Often times you can get a free brief consultation to find out if hiring them is warranted.


Even if she can get out of this I think you'll be needing a new girlfriend.

 

And if you admit that in court they could also charge YOU!

 

My advice is get a good lawyer and let him do the talking.

 

I am a retired academic and there could be implications for her continued candidacy in some programs depending on the outcome. I hope she is not telling all of her professors about this. Some may want to ding her major professor by making this an issue if the politics are nasty in her department.....

 

Do not pay for the ticket until you talk to the DA to plea bargain it down. It is best to get a Lawyer and let the Lawyer do your talking.

 

If it's not her car, it's not going to affect HIS insurance rates or affect the points on HIS license. It's all on HER.

 

Stop wasting time, you and her were in the wrong, learn, pay and move on. Life's to short to spend energy trying to get off on this. Hell her actions could have resulted in death or injury. Talk to a widower or parent of someone who died from irresponsible behaviours .
What you do then?