Will I really go to jail for a reckless driving conviction?

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Some off duty cop taped me on his phone trying to pass a car in the canyons that wouldn't let me pass so I had to cross the yellow lines. Everytime I tried to pass, the car would speed up and not let me pass. I finally was able to pass him but then cops showed up to my house later that day to question me about the incident. I told them what happened and now they're telling me that if I don't plead guilty, I could go to jail?! Is this really the law?? Nothing happened, I didn't hurt anyone and now I'm facing jail time just for not pleading guilty??? They're lying right?

Attorney Answers

8
haron Paris BabakhanCriminal Defense AttorneyGlendale, CA ·
Wow. Those officers are full of it. Yes, they are lying big time. You won't go to jail for pleading not guilty. Are you looking at potentially jail time? yes - are you gonna get jail time realistically? No. The punishment for reckless driving (if they can prove their case) VC 23013(a) is 3 years of summary (unsupervised probation) + 5 days of CJ OR about $500 -$700 fine + 30 day DL suspension. But this is ONLY if they can prove your case and you are found guilty. There are ways of fighting a case like this. The answer to your question is NO, you don't go to jail for pleading not guilty. It's your right to plead not guilty, it is your right to have a lawyer and it is your right to fight your case. So NO. You will not go to jail for pleading not guilty. Hire an attorney and fight the case. Most attorneys offer free consultation. Call one and discuss you case. Sharon Paris Babakhan (818) 480-3571 www.sharonbabakhanlaw.com
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Matthew MurilloEstate Planning AttorneyRedlands, CA ·
Absolute lie. Logically, how does it make sense that you would go to jail for not pleading guilty. Moreover, if he thought it was such an issue, why didn't be pull you over then. Plead not guilty and let your lawyer handle it. People don't go to jail for simply pleading not guilty. They must first be convicted, and even then, there may be some kind of custody alternative as well.
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Lonnie Mcdowell ·
First, you shouldn't say anything without speaking with an attorney, either private or if you cannot afford it to the public defender on the first day you go to court. The short answer is yes. Reckless driving is a misdemeanor. However, it is unlikely, thought not impossible, from the facts of your post that you would get jail time.
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Christopher Simser ·
You have an absolute right to plead not guilty. The only "truth" in what you were told is a court might give you some consideration for cooperating. Cooperation does not mean you must plead guilty, however, especially when you think you are not guilty. Hire an attorney and fight the ticket. The whole thing seems a little shady to me.
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Andrew Roberts ·
Ms. Babakhan is absolutely right on with her response. Get an attorney and fight this case. Andrew Roberts (818) 597-0633
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Brian Russell MichaelsCriminal Defense AttorneyLos Angeles, CA ·
This is a criminal case. Assuming your case is in Los Angeles County and there is NOTHING worse than just reckless driving I don't see this as a jail case. It's is also a notoriously difficult cases for Prosecutors to prove, I know I was one. Brian Michaels www.socalcrimdefense.com 3109919179
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Konstantin Gurovich ·
You are being charged with Cal. Vehicle Code Section 23103 Reckless Driving Reckless Driving 23103. (a) 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. (b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105. There is always a possibility that you could face jail time with a misdemeanor offense such as reckless driving. However depending on the court and the fact of the case, especially considering that no officer was present at the time of the actual incident. It is not likely. Most prosecutors will ask you to pay your fine, you will get two points on your license in California and complete summary probation usually of 24 months. Summary probation is informal probation where you just have to stay out of trouble for that many months. If you do not you risk having your next criminal case enhanced for the violation of summary probation. In hindsight, I believe you should not have spoken to the officer and waived your rights. You should always remained silent. Now the officer will use your statements against you to file charges of reckless driving. They are using a scare tactic to have you just admit guilt. If you lawyer up this case may either possibly be fully dismissed or reduced to an infraction. Depending on your statements and facts of the case there is a good chance this may happen. Their case relies on their witness and how far that person is willing to go out of their way to ruin your day. In the future: Remember anything you say to prosecutors or law enforcement will always be used against you. Therefore its best to make no statements and if necessary hire or seek legal advice from an attorney. Most consultations are free and in that session you could learn something that can prevent you from getting into a lot of trouble.
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