Harbor Gateway, 245(a)(1) Using Car, Resolved as 23103

In early October, 2022, our client, age 67, was returning home from work and noticed a car parked in his driveway.  Our client’s home was near Narbonne High School, so oftentimes, parents would wait for their kids to be let out of school, to drive them home, by parking along the curb near the school.  When there was nowhere to park, parents would park in a home’s driveway to wait.

This always seemed improper to our client.  After all, his home was his private property, even if parking in his driveway was only temporary.  Besides, when someone else was parking in his driveway and parking along the street was full of other parents parking, our client had nowhere to park.

So, on this particular day, our client asked the parent to move his car, stating, “Please get out of my driveway.  This is my house.” 

In response, the parent knew he’d have to move, so he ignored our client.  Our client asked the man again and finally, he moved, but not before parking his car and getting out to tell our client he should not be so rude.

Our client was amazed at this sense of entitlement, so he got out and asked him why he thought he had the right to park in anyone’s driveway.  The parent then pushed our client and our client pushed him back. 

Our client then apologized and got back in his car, parked it in his driveway and went inside the house, amazed at how tense the parent was.

More than a year passed after this incident when one day, our client was pulled over for running a red light.  The police officer let our client leave with just a warning, but told him that there was a bench warrant for him out of the Long Beach Superior Court.

The client then called Greg Hill & Associates and asked what he should do.  Greg asked the client for the bench warrant number, which is usually the case number.  The client went to the Torrance Courthouse and looked up the case (any courthouse within Los Angeles County can access cases from all over Los Angeles County).

Greg saw that the case included three felony charges for allegedly violating California Penal Code § 245(a)(1) (“Assault with a Deadly Weapon with Force Likely to Cause Great Bodily Injury”) (two counts),which can be a “Strike,” under California’s Three Strikes Law; and Penal Code § 273a(a) (“Child Endangerment”).  The date of the incident was a year prior and the case was not filed for nine months after the incident.

Greg then explained this to the client and he knew then what the criminal case was about.  He stated that there was a child in the backseat of the parent car, which our client did not see until the incident ended and our client was returning to his car.

The client and Greg then appeared in the Long Beach Superior Court and had the bench warrant recalled.  Greg then read the police report, which described how our client allegedly chased the other driver and then rammed the back of his car with his car, causing property damage to the other car. 

It seemed like the police report did not even describe the same incident and it was from someone else’s case because the report was so full of lies and exaggerations.

The District Attorney seemed to understand and explained that he would be willing to amend the complaint to allege a Count Four, for a misdemeanor violation of Vehicle Code § 23103 (“Reckless Driving”), to which our client would plea and then be placed on informal probation for one year with an obligation to attend 26 anger management classes, stay away from the victims, pay $220 in court fees and fines (total) and pay $700 in restitution to the owner of the other car.

Our client gladly accepted this offer, greatly relieved to avoid a felony conviction and even more happy to avoid jail (or state prison).