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Posted: 11 months, 4 weeks ago
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I suggest you go read cvc 23103. It specifically states “willful or wanton disregard for safety of others or property”. It is also not a specific intent statue.
Having a new car and you didn’t intend to do it is not a defense.
I’m not an attorney by any means but hopefully your retained one can this this reduced, but in any manner it will cause you problems in this industry for 1-3 years most likely.
I had to do a defensive maneuver to avoid a crash which I did and avoided injury to property and person is defense. If it reduced to say speeding ticket will I still have problem breaking into trucking for 1-3 years? Thanks for the support.
Posted: 12 months ago
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First and foremost in your description of the situation you are most certainly making an excuse as well as not taking the responsibility for your actions.
You say you had no time to react!! Then you say you stomped on the accelerator. That is reaction as well as the impression you performed some type of steering manauver. Another reaction.
Braking may have been a better option. I don’t know since I wasn’t there.
Ca never issued a reckless charge with only a speed violation unless it was over 100 mph. State precedent was a minimum of 2 moving violations and actions showing to be reckless.
I have a feeling, maybe I’m wrong but there is probably more to the full story.
Also at your arraignment is the time and place to waive time for a speedy trial. Apparently you waived time through your attorney.
Any trucking company understands things happen. What they look for is simple. Does the applicant accept responsibility and what did they learn from it. This is a very heavy liablious industry and owners want to feel confident they are putting responsible people behind the wheel. They may one day be required to defend the decision in court.
Wishing you the best.
I got time to react but I didn't have time to weigh all my options it was new a car and I'm not neo from the matrix that can slow my surroundings and make best decisions. I'm not taking responsibility because I'm not guilty of reckless driving which is purposely disregarding others safety. There's more to the event but I sparred everyone the tiny details like my visability etc. That only strengthen my case.
Posted: 12 months ago
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I'm no lawyer but can't yours push the right to a speedy trial? Unless their backlog negates that clause...can anyone weigh in on that?
I think the speedy trial thing applies mainly in criminal matters, primarily if someone is in jail for an alleged crime.
It is a misdamenor reckless driving charge in CA so is criminal but I'm not in custody. 45 days from filing the charge the prosecution has before the speedy trial kicks in but they already made me wait 5 months to file the charge. They filed on Dec 1st so if no trial by 15 should invoke that but that's assuming my lawyer hasn't waived that right yet which I believe he hasn't.
Posted: 12 months ago
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What caused the reckless carge? Was it speeding, or a charge on its own? I've gotten rid of them in various ways. Also quite common in CO to be issued a reckless for an accident if single vehicle.
I'm not giving legal advice but personally, time has usually been my best advocate for getting cases dropped. I've had the prosecution loose paper time and again, had the Leo fail to make appearances, even had the wrong officer appear on one.
You may want to ask your attorney about a change of court because they can't serve the case, or pleading it down to getit off their back log. You were issued the citation prior to having a cdl if I read correctly. May give you some room.
It was speeding 70 in 45 but I just brought electric car the day before and when I stomped on the gas to avert an car that came right in front of me that thing shot like a rocket. Not making excuses but wrong place at wrong time with no time to react. I'm hoping settlement happens on 10th of Jan for 15 less for speeding but it might be too late for my job offer since it's already showing in background check but might be able to save my cdl. I also have an offer from may trucking that orientation is all the way out for April 2024. My lawyer wants to give it time too but with it showing in my background I also need a speedy settlement. Does anyone know if companies hire without background check? Is that lawful? I'm assuming intrastate companies should be able to do that.
Posted: 12 months ago
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i just landed my dream job with PFG too this is a bummer.Is PFG aware of the charge? Discussing it with your management team is your best bet. Find out directly from them what you need to get it reduced to at a minimum to stay employed.
Atleast with the terminal/DC I ran out of (Rock Island Illinois) they were somewhat lenient with hiring. Many people don't want to do that type of work so they may take some drivers that many carriers may pass on due to driving record or criminal history. At PFG I personally worked with someone who failed a drug test for meth at a previous carrier, another unhooked his drivecam and was terminated elsewhere, even had a guy get fired from his previous job for falling asleep behind the wheel and rolled/totalled his truck.
Talk directly to your manager or safety person. They'll be able to tell you if it needs to be completely dismissed or if they can work with a 14 over like BK mentioned. They'll also let you know if you can't drive due to a conviction what options you have (yard guy/shag driver), driver helper, or warehouse.
PfG wasn't made aware but they asked if I've been convicted if remember correctly and my lawyer assured me it wouldn't pop on my report but it is showing up for my background however my mvr is clean. I will come clean when my report is complete and let him know I am not guilty and that I have lawyer whose fighting it but not confident they will let me start. The bummer is my first day is 8th and pre trial on 10th of Jan few more days and I could possibly have a settlement on 10th.
Posted: 12 months ago
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Keep up your legal efforts to get that reduced if you want a driving job. Gotta be no more than 14 over for most of the industry. A reckless conviction is a death sentence at least for 3 years or more. If you already had a job, your company might keep you with a 14 over. Mine did it for me, but if they were looking at me for a new hire right now, I would be automatically rejected in all probability. Fight the charge or prepare to wait.
so am i looking at minimum 3 years of wait if this sticks or 7 years? if its speeding above 15? i told my lawyer im willing to go to trial for this because it could end my career. i just landed my dream job with PFG too this is a bummer. thank you for the support.
Posted: 12 months ago
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Why do you keep pushing out the court date?
apparently the courts are backlogged here and they keep pushing it out and my attorney says the DA is not being very cooperative. but i just entered pre trial for jan 10 so hopefully i can get it settled then. What sucks i just got 2 offers from PFG and did well in all their agility and road test.
Posted: 12 months ago
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I received a reckless driving citation in july of 2023 since then I have gotten my court date pushed every month next one on 1/10/24. Since the case is pending I got my Class A in november of 2023 with all my endorsements. I have received few job offers from local delivery companies but as of december my background is showing the reckless driving pending. Should I give up my hopes on trucking until this blows over? would any company pick me up? Im sure eventually this will settle to a speeding ticket I got a decent lawyer. There was no damage or accident just over speeding to avert an accident causing me to swerve into opposite oncoming lane. All advice are welcome.I'm out of northern california. thank you again.
Posted: 11 months, 3 weeks ago
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Am i doomed?
I do plan on telling PFG just waiting for jan 10 pre trial just in case there is good news even if bad news will report before being hired. I know I was speeding I take the responsibility for that but it was a necessity from my pov. hindsight is 20/20 but in the moment i did what i thought was best and to me that's speeding not being reckless. I will come back after the pre trial if any results. I want to thank everyone for the support and also the ones with tough love.