VC 23104, 23105

VC 23104, 23105

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

VC 23104, 23105

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.

2022-06-09T03:18:04+00:00Updated May 31st, 2022|