Legal Question in Criminal Law in California
wrcke less driving citation
i was cited for wreckless driving on nov.5th 2008.a criminal was filed with the district attorney office.there was no cops present at the time of the incident,it was a he said she said situation.I was in a lifted 4x4 with 33 and half in tall tires there is no way i could do 35 in 125 feet and make a right turn on the street.they said i almost hit one of there employees and there was no one in the parking lot,so now i have to go for booking on the 29th of dec and released on my own recognizance the arraignment is set for jan 6th 2009.I have a clean record no tickets or citations of any kind.i would like to know if there is a chance this will be dismissed
3 Answers from Attorneys
Re: wrcke less driving citation
Likely dismissed? No. Why would you think that? Just because you disagree with the officer that wrote you up? That's not exactly unusual. That's not the business the courts are in. You're expected to go to court, pay the fine, or set it for trial to fight it if you think you have admissible evidence that would amount to a valid defense, or proper grounds to exclude testimony that would otherwise convict you. If you don't know what those are, hire an attorney that does to represent you.
Re: wrcke less driving citation
The judge can't dismiss the case, which is probably what you have in mind. The D.A. can dismiss it but she almost certainly won't after putting significant effort into the case. You should get a lawyer to help you fight this.
Good luck.
Re: wrcke less driving citation
It is unlikely to simply be dismissed. You will have to fight these charges and it could come with significant cost (without the fees you pay the attorney) if you feel you are innocent.
Call my office at your earliest convenience if you want to discuss this matter further.
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