Offense
Reckless driving proximate cause of injury
Aggravated Felony (AF)
Not a COV, but as always try to obtain 364 or less.
Crime Involving Moral Turpitude (CIMT)
Assume that 23105 is a CIMT, but 23104 might not be. 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. Because 23104 requires only “bodily injury” while 23105 sets out various more serious injuries, we would argue that 23014 is not a CIMT. Note voluntary intoxication is not a defense against a CIMT finding.
AF/COV: Supreme Court held that reckless conduct is not a COV for this purpose, so a conviction should not be an AF even if a year or more is imposed.