Excessive speed is a vehicle code violation, therefore an individual may assume those infractions are handled in traffic court with penalties being as minor as paying a ticket or attending traffic school. However, reckless driving is a misdemeanor and could result in county jail time and probation. If you have been charged for reckless driving by speed, you may benefit from reaching out to a practiced traffic attorney. An Oakland reckless driving by speed lawyer could work with you to build a strong defense and minimize the potential penalties.
Reckless driving by speed in Oakland occurs when someone is driving at an excessive speed on a street or highway. An individual would need to be driving well above the speed limit, potentially above 100 miles per hour, to be cited for reckless driving for excessive speed.
A speeding ticket is usually handled in traffic court and is a different vehicle code violation than reckless driving. Going five or 10 miles above the speed limit might result in a speeding ticket. In contrast, reckless driving means the driver disregarded the safety of others and drove in a manner that could potentially cause harm. This offense could be charged as a misdemeanor instead of an infraction. As a result, these charges are not heard in traffic court. If the offense is cited as a misdemeanor, it is handled on the main criminal court calendar.
A police officer would issue a driver a citation that indicates which section of the vehicle code a person violated. Two boxes have the letter “I” or the letter “M.” If the box “I” is checked, that means the officer is citing an infraction. If the box “M” is checked off, they are citing a misdemeanor. It also depends on the numbers after the Vehicle Code abbreviation, “VC.” For instance, reckless driving is typically cited as VC 23103. If that is not on the citation and the “M” box is not checked, it is likely an infraction.
A traffic infraction, such as a regular speeding ticket, does not appear in a criminal background check but does appear on his or her driving record. When someone is convicted of reckless driving, it appears on their criminal background, such as a Department of Justice summary. Any job he or she may apply for that requires a background check will reveal the conviction. This could be problematic for individuals seeking jobs that require driving.
Employers may only rescind a job offer when the individual’s conviction is related to the type of job duties he or she would be required to do in a specific position. For example, when someone has a reckless driving conviction, he or she may have difficulty getting a position as an EMT driver.
People with commercial driver’s licenses are held to a higher standard than regular drivers. They do not necessarily face harsher penalties than what is written in the code, but they could face the loss of their license, loss of employment, or license suspension. It is very important for an Oakland individual who drives as a requirement of their job to seek legal counsel to avoid a conviction for reckless driving by excessive speeding.
An attorney could do all the necessary administrative work to build a strong defense on behalf of the defendant. An Oakland reckless driving by speed lawyer could look for video footage of what took place and whether the defendant has prior similar convictions. Call an attorney today and schedule your first consultation.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!