回复：老猫，有点紧急的事需要帮一在美留学生咨询。能否帮忙？

這是相關的法規. (請特別注意 (C) 部份)

V C Section 23103 Reckless Driving

Reckless Driving

23103. (a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.

因為當事人自己有律師,所以相關的問題您應該讓當事人與自己的律師商討處理的方式,任何人包括他的父母都不應該介入,然而您遠來是客,您的問題老貓簡答如下,但是老貓必須告訴您為了避免其他不必要的問題與誤會,老貓不能再回答任何其他的問題. 不便之處請見諒.

1) 如果不认罪，出庭的后果大概会是什么？他本人和律师一起出庭会不会效果更好一些？他是比较单纯的学生，又是初犯。

是否應該認罪應該有當事人與他的律師來決定,個人一般對於這一類的問題是傾向於認罪協商,然而這是當事人自己的決定,老貓不是他的律師不能告訴您或是當事人應該如何做,但是老貓會建議當事人應該與他的律師一起出庭. (至於"他是比较单纯的学生，這是TMD 廢話,不要在這裡浪費時間).然而"初犯"加上如果沒有"肇事"當然對於這個案件的處理有良好的影響。

2）如果一旦定罪会有多严重？

看上述法規 (C) 的說明.

3）他本来打算暑假回国的，但回美国还需要签证，这个记录会不会影响签证？

案件本身是屬於輕度刑事控罪,案件美有完全解決之前,個人不會建議他離開美國. (良心說如果他想要暑假回國,認罪協商交罰款應該是最快的處理方式),良心說如果當事人不認罪進入庭訊,因為已經有逮捕的程序,老貓不知道當事人要用什麼理由來說明自己無罪?

4）在警察局的记录会保持一生吗？会影响他将来找工作或者生活吗？

他的紀錄在警方的資料基本上是伴隨他一生,然而日後他可以要求將這個紀錄封鎖,如果發生下面三件事之一 (這就是老貓為什麼會建議認罪協商的原因)

1. were arrested, but DA never filed criminal charges,
2. had your case dismissed in court, or
3. were acquitted by a jury following a trail

相信法律如下 (請仔細讀一下,不要浪費老貓的時間)

CA Penal Code 851.8

851.8.  (a) In any case where a person has been arrested and no
accusatory pleading has been filed, the person arrested may petition
the law enforcement agency having jurisdiction over the offense to
destroy its records of the arrest. A copy of the petition shall be
served upon the prosecuting attorney of the county or city having
jurisdiction over the offense. The law enforcement agency having
jurisdiction over the offense, upon a determination that the person
arrested is factually innocent, shall, with the concurrence of the
prosecuting attorney, seal its arrest records, and the petition for
relief under this section for three years from the date of the arrest
and thereafter destroy its arrest records and the petition. The law
enforcement agency having jurisdiction over the offense shall notify
the Department of Justice, and any law enforcement agency that
arrested the petitioner or participated in the arrest of the
petitioner for an offense for which the petitioner has been found
factually innocent under this subdivision, of the sealing of the
arrest records and the reason therefor. The Department of Justice and
any law enforcement agency so notified shall forthwith seal their
records of the arrest and the notice of sealing for three years from
the date of the arrest, and thereafter destroy their records of the
arrest and the notice of sealing. The law enforcement agency having
jurisdiction over the offense and the Department of Justice shall
request the destruction of any records of the arrest which they have
given to any local, state, or federal agency or to any other person
or entity. Each agency, person, or entity within the State of
California receiving the request shall destroy its records of the
arrest and the request, unless otherwise provided in this section.
   (b) If, after receipt by both the law enforcement agency and the
prosecuting attorney of a petition for relief under subdivision (a),
the law enforcement agency and prosecuting attorney do not respond to
the petition by accepting or denying the petition within 60 days
after the running of the relevant statute of limitations or within 60
days after receipt of the petition in cases where the statute of
limitations has previously lapsed, then the petition shall be deemed
to be denied. In any case where the petition of an arrestee to the
law enforcement agency to have an arrest record destroyed is denied,
petition may be made to the superior court that would have had
territorial jurisdiction over the matter. A copy of the petition
shall be served on the law enforcement agency and the prosecuting
attorney of the county or city having jurisdiction over the offense
at least 10 days prior to the hearing thereon. The prosecuting
attorney and the law enforcement agency through the district attorney
may present evidence to the court at the hearing. Notwithstanding
Section 1538.5 or 1539, any judicial determination of factual
innocence made pursuant to this section may be heard and determined
upon declarations, affidavits, police reports, or any other evidence
submitted by the parties which is material, relevant, and reliable. A
finding of factual innocence and an order for the sealing and
destruction of records pursuant to this section shall not be made
unless the court finds that no reasonable cause exists to believe
that the arrestee committed the offense for which the arrest was
made. In any court hearing to determine the factual innocence of a
party, the initial burden of proof shall rest with the petitioner to
show that no reasonable cause exists to believe that the arrestee
committed the offense for which the arrest was made. If the court
finds that this showing of no reasonable cause has been made by the
petitioner, then the burden of proof shall shift to the respondent to
show that a reasonable cause exists to believe that the petitioner
committed the offense for which the arrest was made. If the court
finds the arrestee to be factually innocent of the charges for which
the arrest was made, then the court shall order the law enforcement
agency having jurisdiction over the offense, the Department of
Justice, and any law enforcement agency which arrested the petitioner
or participated in the arrest of the petitioner for an offense for
which the petitioner has been found factually innocent under this
section to seal their records of the arrest and the court order to
seal and destroy the records, for three years from the date of the
arrest and thereafter to destroy their records of the arrest and the
court order to seal and destroy those records. The court shall also
order the law enforcement agency having jurisdiction over the offense
and the Department of Justice to request the destruction of any
records of the arrest which they have given to any local, state, or
federal agency, person or entity. Each state or local agency, person
or entity within the State of California receiving such a request
shall destroy its records of the arrest and the request to destroy
the records, unless otherwise provided in this section. The court
shall give to the petitioner a copy of any court order concerning the
destruction of the arrest records.
   (c) In any case where a person has been arrested, and an
accusatory pleading has been filed, but where no conviction has
occurred, the defendant may, at any time after dismissal of the
action, petition the court that dismissed the action for a finding
that the defendant is factually innocent of the charges for which the
arrest was made. A copy of the petition shall be served on the
prosecuting attorney of the county or city in which the accusatory
pleading was filed at least 10 days prior to the hearing on the
petitioner's factual innocence. The prosecuting attorney may present
evidence to the court at the hearing. The hearing shall be conducted
as provided in subdivision (b). If the court finds the petitioner to
be factually innocent of the charges for which the arrest was made,
then the court shall grant the relief as provided in subdivision (b).
   (d) In any case where a person has been arrested and an accusatory
pleading has been filed, but where no conviction has occurred, the
court may, with the concurrence of the prosecuting attorney, grant
the relief provided in subdivision (b) at the time of the dismissal
of the accusatory pleading.
   (e) Whenever any person is acquitted of a charge and it appears to
the judge presiding at the trial at which the acquittal occurred
that the defendant was factually innocent of the charge, the judge
may grant the relief provided in subdivision (b).
   (f) In any case where a person who has been arrested is granted
relief pursuant to subdivision (a) or (b), the law enforcement agency
having jurisdiction over the offense or court shall issue a written
declaration to the arrestee stating that it is the determination of
the law enforcement agency having jurisdiction over the offense or
court that the arrestee is factually innocent of the charges for
which the person was arrested and that the arrestee is thereby
exonerated. Thereafter, the arrest shall be deemed not to have
occurred and the person may answer accordingly any question relating
to its occurrence.
   (g) The Department of Justice shall furnish forms to be utilized
by persons applying for the destruction of their arrest records and
for the written declaration that one person was found factually
innocent under subdivisions (a) and (b).
   (h) Documentation of arrest records destroyed pursuant to
subdivision (a), (b), (c), (d), or (e) that are contained in
investigative police reports shall bear the notation "Exonerated"
whenever reference is made to the arrestee. The arrestee shall be
notified in writing by the law enforcement agency having jurisdiction
over the offense of the sealing and destruction of the arrest
records pursuant to this section.
   (i) (1) Any finding that an arrestee is factually innocent
pursuant to subdivision (a), (b), (c), (d), or (e) shall not be
admissible as evidence in any action.
   (2) Notwithstanding paragraph (1), a finding that an arrestee is
factually innocent pursuant to subdivisions (a) to (e), inclusive,
shall be admissible as evidence at a hearing before the California
Victim Compensation and Government Claims Board.
   (j) Destruction of records of arrest pursuant to subdivision (a),
(b), (c), (d), or (e) shall be accomplished by permanent obliteration
of all entries or notations upon the records pertaining to the
arrest, and the record shall be prepared again so that it appears
that the arrest never occurred. However, where (1) the only entries
on the record pertain to the arrest and (2) the record can be
destroyed without necessarily affecting the destruction of other
records, then the document constituting the record shall be
physically destroyed.
   (k) No records shall be destroyed pursuant to subdivision (a),
(b), (c), (d), or (e) if the arrestee or a codefendant has filed a
civil action against the peace officers or law enforcement
jurisdiction which made the arrest or instituted the prosecution and
if the agency which is the custodian of the records has received a
certified copy of the complaint in the civil action, until the civil
action has been resolved. Any records sealed pursuant to this section
by the court in the civil actions, upon a showing of good cause, may
be opened and submitted into evidence. The records shall be
confidential and shall be available for inspection only by the court,
jury, parties, counsel for the parties, and any other person
authorized by the court. Immediately following the final resolution
of the civil action, records subject to subdivision (a), (b), (c),
(d), or (e) shall be sealed and destroyed pursuant to subdivision
(a), (b), (c), (d), or (e).
   (l) For arrests occurring on or after January 1, 1981, and for
accusatory pleadings filed on or after January 1, 1981, petitions for
relief under this section may be filed up to two years from the date
of the arrest or filing of the accusatory pleading, whichever is
later. Until January 1, 1983, petitioners can file for relief under
this section for arrests which occurred or accusatory pleadings which
were filed up to five years prior to the effective date of the
statute. Any time restrictions on filing for relief under this
section may be waived upon a showing of good cause by the petitioner
and in the absence of prejudice.
   (m) Any relief which is available to a petitioner under this
section for an arrest shall also be available for an arrest which has
been deemed to be or described as a detention under Section 849.5 or
851.6.
   (n) This section shall not apply to any offense which is
classified as an infraction.
   (o) (1) This section shall be repealed on the effective date of a
final judgment based on a claim under the California or United States
Constitution holding that evidence that is relevant, reliable, and
material may not be considered for purposes of a judicial
determination of factual innocence under this section. For purposes
of this subdivision, a judgment by the appellate division of a
superior court is a final judgment if it is published and if it is
not reviewed on appeal by a court of appeal. A judgment of a court of
appeal is a final judgment if it is published and if it is not
reviewed by the California Supreme Court.
   (2) Any decision referred to in this subdivision shall be stayed
pending appeal.
   (3) If not otherwise appealed by a party to the action, any
decision referred to in this subdivision which is a judgment by the
appellate division of the superior court shall be appealed by the
Attorney General.
   (p) A judgment of the court under subdivision (b), (c), (d), or
(e) is subject to the following appeal path:
   (1) In a felony case, appeal is to the court of appeal.
   (2) In a misdemeanor case, or in a case in which no accusatory
pleading was filed, appeal is to the appellate division of the
superior court.

其他的問題,(有關是否會影響到他日後找工作或是辦理移民歸化的問題)當事人應該諮詢他的律師

所有跟帖： 

• 老猫，非常非常感谢您的建议！ -后院松鼠- ♀ (83 bytes) () 04/16/2012 postreply 20:05:02