Suppose the law enforcement officer (LEO) gave you two traffic tickets for one stop, one for speeding and another for reckless driving based solely on your driving a vehicle more than 25 mph over the speed limit.
It would be best not to lose hope because nothing in the CA Vehicle Code correlates speed and reckless driving. You should consult a traffic attorney. What’s more, only a traffic court judge or you can find you guilty. By paying the fine without challenging traffic tickets, you do the State’s job for them.
Reckless Driving Traffic Tickets
CA Vehicle Code (CVC) Section 23103, Driving Offenses the CA traffic code dealing with reckless driving states, “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.” It identifies an “off-street parking facility” as another place a person could drive recklessly. However, it does not mention anything about speed as an element of reckless driving.
The LEO might have recalled something someone said or read online about any speeding over 25 mph is reckless driving. The internet is a beehive of lies. You should always consult a traffic attorney to learn the truth before paying the fine or resigning yourself to guilt about any situation. Particularly considering that reckless driving is a misdemeanor crime punishable by five to 90 in county jail, a fine of $145 to $1,000, or both a fine and jail.
Speeding Traffic Tickets
In CA, there are four elementary speed laws:
- Basic speed laws.
- Prima facie speed laws.
- Maximum speed laws.
- Minimum speed laws.
California’s basic speed law, CA Vehicle Code (CVC) Section 22350, Speed Laws are the section of code most people apply as the basic speed law. It states, “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
There are several traffic codes that deal with speed, but none say that a specific speed is reckless driving. Even CVC 22348, Other Speed Laws “A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction…”
It would seem that if any section of traffic code dealing with speed was going to link it to reckless driving, it would be this one for driving more than 100 mph, but it does not. If driving more than 100 mph were reckless driving, it would also be a misdemeanor and not an infraction, wouldn’t you think?
Always Consult a Traffic Attorney about Traffic Tickets
Each section of the CA traffic code has specific elements the state must prove for the judge to find you “guilty beyond a reasonable doubt.” Yes, even in traffic law, that is the standard. Thus, a traffic attorney's mission is to raise the level of doubt so that the judge will dismiss the charges against you.
In some circumstances, such as when the LEO wrongly accuses you of a violation based on something not contained in the traffic law, the judge can reduce the charge. Often, a traffic attorney can negotiate a no-point violation with the judge when the evidence might not be strong enough for a conviction. You might still pay a fine, but your insurance premium will not rise when there are no points.
The thing about multiple traffic tickets is to let a traffic law professional negotiate with the traffic court judge to get one or more dismissed, and the other reduced to a minor infraction for which you are eligible to attend traffic violator’s school (TVS), and keep that conviction confidential if there are points associated with it.
You can only use TVS to keep minor infractions confidential within 18 months. Otherwise, with multiple tickets, it makes no sense to attend TVS. Consult a traffic ticket defense lawyer today.
Call the Bakersfield Traffic Defense Team of Bigger & Harman
Call Bigger & Harman, (661) 349-9300 when you have multiple traffic tickets. Regardless of the situation, they can help you resolve your traffic tickets in Central Valley and Owens Valley in Eastern California. We usually practice in Kern, Kings, Fresno, Tulare, Mono, Inyo, and San Luis Obispo Counties, but we’ll do our best to assist you when you need us to travel.
We are Bakersfield, traffic attorneys who can help you resolve traffic tickets or represent you at a DMV NOTS hearing to get points removed from your record or request probation instead of suspension.
Se habla Español (661) 349-9755.