VC 23104, 23105

VC 23104, 23105

Offense

Reckless driving proximate cause of injury

Aggravated Felony (AF)

Not a COV under current law, but this may change. Avoid 1 yr or more and see Advice.

Crime Involving Moral Turpitude (CIMT)

Might be CIMT. See Advice.

Other Removal Grounds

No other ground

Advice and Comments

CIMT: Acting recklessly with wanton disregard of imminent risk to life or serious injury is a CIMT. Note voluntary intoxication is not a defense against a CIMT finding.

AF/COV: In 2020 the Supreme Court will decide whether reckless behavior can be a COV. See discussion of Borden v. U.S. at PC 207, VC 23103. Since this could make 23104, 23105 a COV, conservatively plead to 364 days or less for any single count of these to avoid a possible AF as a COV.

2020-10-23T19:41:16+00:00Updated January 29th, 2020|