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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Oakland Reckless Driving by Speed Lawyer

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.

What is Reckless Driving by Speed?

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.

Excessive Speed Violation Versus Speeding Ticket in Oakland

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.

Criminal Record

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.

Commercial Driver’s Licenses

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.

Seek an Oakland Reckless Driving by Speed Attorney

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.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer