VC 23103

VC 23103

Offense

Reckless driving

Aggravated Felony (AF)

Not AF as COV because 23103 has less than 1 yr potential sentence

Crime Involving Moral Turpitude (CIMT)

Should not be held a CIMT.1Recklessness that might damage property or harm persons generally is not held a CIMT. For example, the Foreign Affairs Manual, which guides issuance of immigrant visas, states that reckless driving is not a crime involving moral turpitude. See 9 FAM 40.21(a) N2.3-2. See Advice.

Other Removal Grounds

No other removal ground

Advice and Comments

CIMT: While 23103 and 23103.5 should not be held CIMTs under any circumstances, best practice is to plead to recklessness re property.2This discussion considers the definition of recklessness that applies to Veh C § 23103, which is a conscious disregard of a known risk. Sections 23103 and 23103.5 should not be held CIMTs because they require only recklessness causing a risk to the safety of persons or property, not an imminent risk of death or very serious bodily injury. Recklessness that might damage property or harm persons generally is not held a CIMT. For example, the Foreign Affairs Manual, which guides issuance of immigrant visas, states that reckless driving is not a crime involving moral turpitude. See 9 FAM 40.21(a) N2.3-2. Recklessly causing bodily injury is not a CIMT. Matter of Fualaau, 21 I&N Dec. 475 (BIA 1996).

Moral turpitude has been found to inhere in an offense if it has as an element a conscious disregard of a known risk that causes, or creates the “imminent risk” of causing, death or very serious bodily injury. See e.g., Matter of Franklin, 20 I&N Dec. 867, 870-71 (BIA 1994) (conscious disregard resulting in manslaughter), Matter of Leal, 26 I&N Dec. 20, 24-26 (BIA 2012) (conscious disregard causing a “substantial risk of imminent death”). Sections 23103, 23103.5 lack that element.

COV. In 2020 the Supreme Court will consider whether a COV can include reckless conduct. See discussion of Borden v. US at PC 207. But even if 23103 were held a COV, a sentence of 1 year or more cannot be imposed, so it cannot become a COV AF.

2020-10-23T19:34:57+00:00Updated January 29th, 2020|