California Reckless Driving Attorneys

What You Need to Know About Reckless Driving Charges-CVC23103

The California Vehicle Code defines reckless driving as driving a vehicle “in willful or wanton disregard for the safety of persons or property.” You can be charged with reckless driving on public roads or in a public or private parking facility. A reckless driving charge can, and often does, come along with other criminal charges stemming from the same incident.

Reckless driving may sound minor, but the consequences can be much more serious than the consequences of an infraction such as a speeding ticket. Reckless driving is a misdemeanor charge carrying imprisonment for five to 90 days, a fine of $145 to $1,000, or both. If someone was hurt or killed as a result of the reckless driving, or if you have a prior reckless driving conviction on your record, those penalties can increase. In addition, the DMV will put two points on your driver’s license and may count a conviction against you in any future license suspension hearing or other legal proceeding. Your automobile insurance may be cancelled or the premium dramatically increased after a conviction for reckless driving.

Wallin & Klarich has been very successful at defending our clients who find themselves accused of reckless driving. After more than three decades defending Californians accused of crimes, we know, for example, that speeding by itself is not enough to convict you of reckless driving. It is critical to consult with one of your highly skilled Orange County reckless driving defense lawyers or California drunk driving defense attorneys if you find yourself accused of reckless driving or any other vehicle code infraction that can impact your driving record.

More California Reckless Driving Information

• Reckless Driving Overview
• Reckless Driving Prosecution
• Reckless Driving Defenses
• Reckless Driving Sentencing and Punishment
• Wet Reckless vs. Dry Reckless Driving
• Reckless Driving FAQ
• Client Testimonials: Reckless Driving

Reckless driving overview

Reckless Driving Overview – California Vehicle Code Section 23103

California Vehicle Code Section 23103 defines reckless driving as driving a vehicle in willful or wanton disregard for the safety of persons or property. You can be charged with reckless driving on public roads or in a public or private parking facility. A reckless driving charge can, and often does, come along with other criminal charges stemming from the same incident.

A conviction for reckless driving can result in serious consequences. Reckless driving is a misdemeanor punishable by imprisonment in county jail for a period of five to 90 days and a fine of one hundred forty-five dollars ($145) to one thousand dollars ($1,000). Under California Vehicle Code 23104, the penalties increase if someone was hurt or killed as a result of the reckless driving, or if you have a prior reckless driving conviction on your record.

In addition, a conviction for reckless driving will result in two points being added to your driving record. Receiving points on your driving record may lead to the suspension of your driving privileges. Your automobile insurance may also be cancelled or the premium may be dramatically increased after a conviction for reckless driving.

It is critical that you speak with an experienced attorney who can help you win your case. A common defense to the charge of reckless driving is that the driver drove recklessly out of necessity. This defense is usually used when there is an emergency situation.

If you or a loved one is facing a charge for reckless driving, it is important that you speak with an experienced reckless driving attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of driving offenses. Our attorneys will aggressively fight to get you the best possible result in your case. Call us today at (888) 749-0034 or visit us on our website at

www.wklaw.com. We will be there when you call.

More California Reckless Driving Information

• Reckless Driving Overview
• Reckless Driving Prosecution
• Reckless Driving Defenses
• Reckless Driving Sentencing and Punishment
• Wet Reckless vs. Dry Reckless Driving
• Reckless Driving FAQ
• Client Testimonials: Reckless Driving

Reckless driving Prosecution

Reckless Driving Prosecution California Vehicle Code Section 23103

To prove the defendant is guilty of reckless driving, the prosecution must prove that:

1. The defendant drove a vehicle (on a highway/in an off street parking facility);AND
2. The defendant intentionally drove with wanton disregard for the safety of persons or property.

A person acts with wanton disregard for safety when (1) he or she is aware that his or her actions present a substantial and unjustifiable risk of harm, and (2) he or she intentionally ignores that risk. The person does not, however, have to intend to cause damage.

Examples of when the court found that the defendant DID NOT commit reckless driving:

A pedestrian was crossing a highway and waving a fishing pole at the driver to get his attention. The driver did not slow down. The pedestrian shouted something at the driver as he drove by. The driver made a U turn and drove towards the pedestrian. The pedestrian had to jump out of the way thinking he would get hit. The defendant stopped where the pedestrian was standing and then put his car in reverse and left 10 feet of skid marks before turning his car around and driving off. The court found that this may have constituted negligence on the part of the driver, but it did not constitute a wanton disregard for safety of others. See People v. Allison (1951) 101 Cal.App.2d Supp. 932, 935.

Defendant’s car collided with a second car which had stopped and then backed up to permit another driver to make a turn at an intersection. There was no evidence that, before defendant tried to stop, he saw the other car and knew that the driver intended to back up, or that defendants speed was illegal. The most that could be said was that defendant perhaps failed to keep a proper lookout ahead and for that reason may have been negligent. Gross negligence is insufficient, by itself, to be considered reckless driving. See People v. McNutt (1940) 40 Cal.App.2d Supp. 835, 838–839.

Example of when the court found that the defendant DID commit reckless driving:

The court found that the defendant was guilty of reckless driving after a California Highway Patrol officer pursued the defendant for 4.3 miles at 7:45 p.m., during which chase the defendant drove at the rate of 75 to 80 miles an hour across intersections and passed nine cars. He passed approximately 12 more cars at a rate of speed varying from 75 to 85 miles per hour. The court looked at the surrounding circumstances to determine that speeding constituted reckless driving in this case. See People v. Nowell (1941) 45 Cal.App.2d Supp. 811, 813–814.

More California Reckless Driving Information

• Reckless Driving Overview
• Reckless Driving Prosecution
• Reckless Driving Defenses
• Reckless Driving Sentencing and Punishment
• Wet Reckless vs. Dry Reckless Driving
• Reckless Driving FAQ
• Client Testimonials: Reckless Driving

Reckless driving defenses

Reckless Driving Defenses – California Vehicle Code Section 23103

Having an experienced reckless driving attorney defending you can help you with raising valid legal defenses when you are facing a reckless driving charge. Below are a few to consider.

Did Not Drive

The prosecution must prove that the defendant was driving the vehicle. You can raise a defense if you were not the driver of the vehicle. Our aggressive criminal defense attorneys can also attack any weak evidence that the prosecution may have against you. If the prosecution cannot prove that the defendant was driving, the charges will likely be dismissed or the defendant will be acquitted of the charges at trial.

Necessity

Another defense that might be raised in a reckless driving case is the necessity defense. Here, the defendant must show that:

• The offensive driving took place because the driver reasonably believed that an emergency existed;
• The driver did not create the emergency; and
• The emergency presented a threat to the driver or some third party.

Speeding by Itself Does Not Constitute Reckless Driving

The fact that you were speeding, by itself, does not establish that you drove with wanton disregard for safety. It is only one factor the jury must consider out of all the surrounding circumstances. If this is the only evidence that the prosecution has against you, an experienced attorney will highlight this fact to defend you against your charges.

The court has stated that speeding can constitute reckless driving after considering the time, place, person, and surround circumstances. See Hall v. Mazzei, (1936) 14 Cal. App. 2d 48 [57 P.2d 948, 950].

More California Reckless Driving Information

• Reckless Driving Overview
• Reckless Driving Prosecution
• Reckless Driving Defenses
• Reckless Driving Sentencing and Punishment
• Wet Reckless vs. Dry Reckless Driving
• Reckless Driving FAQ
• Client Testimonials: Reckless Driving

Reckless driving sentencing and punishment

Reckless Driving Sentencing & Punishment California Vehicle Code Section 23103

Reckless Driving

A conviction for reckless driving is a misdemeanor and is punishable by imprisonment in a county jail for five days to 90 days, or by a fine of one hundred forty-five dollars ($145) to one thousand dollars ($1,000), or by both that fine and imprisonment.

Reckless Driving: Bodily Injury: California Vehicle Code 23104

Under California Vehicle Code 23104, whenever reckless driving of a vehicle causes bodily injury to a person other than the driver, the penalty will increase upon a conviction of reckless driving. The penalty for causing an injury during a reckless driving violation is imprisonment in county jail for a period of 30 days to six months, or by a fine of two hundred twenty dollars ($220) to one thousand dollars ($1,000), or by both the fine and imprisonment.

The penalty will increase substantially (do not say things like even more as sounds like high school student would say that) if an injury to another person was caused due to a violation of reckless driving and the driver had a previous reckless driving or DUI conviction. The offense becomes a “wobbler.” This means that the prosecution has the discretion to charge a felony or a misdemeanor for the reckless driving. The penalty for a felony conviction is imprisonment in state prison for up to three years. The penalty for a misdemeanor conviction is imprisonment in county jail for a period of 30 days to six months. You may also be assessed a fine of two hundred twenty dollars ($220) to one thousand dollars ($1,000).

Violation Point Count California Vehicle Code Section 12810

Under California Vehicle Code Section 12810(c), a conviction of reckless driving shall be given a value of two points.

Negligent Operator: Violation Points California Vehicle Code Section 12810.5

Under California Vehicle Code Section 12810.5, the DMV may suspend and place on probation, or revoke, the driving privilege of a negligent operator.

A negligent operator with a Class C license will have his/her driving privileges taken away if he/she receives:

• 4 or more points in 12 months,
• 6 points in 24 months, or
• 8 points in 36 months.

More California Reckless Driving Information

• Reckless Driving Overview
• Reckless Driving Prosecution
• Reckless Driving Defenses
• Reckless Driving Sentencing and Punishment
• Wet Reckless vs. Dry Reckless Driving
• Reckless Driving FAQ
• Client Testimonials: Reckless Driving

Reckless driving – Wet reckless vs. dry reckless

Reckless Driving Wet Reckless vs. Dry Reckless California Vehicle Code Section 23103

If you are charged with a DUI, in some cases your lawyer may be able to have the DUI charge reduced to a reckless driving charge. It is important to know that there are two different types of reckless driving charges related to a DUI prosecution. These are referred to as either a “wet reckless driving” or a “dry reckless driving.”

Wet Reckless Driving

Under California Vehicle Code 23103.5, a wet reckless can occur as part of a plea bargain from an original drunk driving charge. A wet reckless implies that alcohol was involved during your reckless driving. It cannot be originally charged. It can only be given through a plea bargain with the prosecution. It cannot be imposed by the court.

The penalties for a wet reckless can be jail time, fines, loss of driving privileges, and enrollment in alcohol educational programs. However, a wet reckless conviction has lighter penalties compared to a DUI. For example, the loss of your driving privileges is not mandatory, your attendance of a DUI class is for a shorter period of time, you will have a shorter probationary period, and the fines assessed will be less than the fine assessed for a DUI. In addition, you will not have to fill out a SR-22 form to show proof of insurance before you get your driver’s license back. It may also be beneficial to some professions that require the reporting of DUI convictions.

It is a reduced charge with lighter penalties, but it is still considered as a functional equivalent to a DUI conviction. What this means is that if you get a subsequent DUI within 10 years, the wet reckless can be considered a prior conviction to increase your punishment as if you had plead guilty to a DUI. This means that if you have one wet reckless conviction, the next DUI conviction you get will be considered as your second DUI. A second DUI has increased penalties. Another downside to a wet reckless conviction is that your insurance company will also consider a “wet reckless” as a DUI for insurance purposes. The cost of auto insurance will most likely increase. See California Vehicle Code Section 23103.5.

Dry Reckless Driving

A dry reckless refers to reckless driving without any alcohol involved. This is a misdemeanor reckless driving under California Vehicle Code Section 23103. In some DUI cases, your skilled DUI defense lawyer may be able to convince the prosecution to reduce the charge to a dry reckless. With a conviction for a dry reckless, you face the possibility of jail time, fines and probation. However, the beneficial element of this charge is that it is not “priorable.” If this charge is given, it will not be treated as a DUI if you are arrested in the future for a subsequent DUI.

More California Reckless Driving Information

• Reckless Driving Overview
• Reckless Driving Prosecution
• Reckless Driving Defenses
• Reckless Driving Sentencing and Punishment
• Wet Reckless vs. Dry Reckless Driving
• Reckless Driving FAQ
• Client Testimonials: Reckless Driving

California Reckless Driving FAQ

Reckless Driving FAQ: California Vehicle Code Section 23103

Can I have my charge of reckless driving reduced from a misdemeanor to an infraction?

Unfortunately, reckless driving is a misdemeanor and may not be reduced to an infraction. See People v. Dibacco (2004) 117 Cal.App.4th Supp. 1, 4 [12 Cal.Rptr.3d 258].

When a person is accused of reckless driving can the prosecutor also accuse him of other related offenses?

Yes. When a person is accused of reckless driving, very often the prosecution will also add other criminal charges in the same complaint against you. Other charges that can be charged in addition to the reckless driving charge include DUI under California Vehicle Code Section 23152 or 23153, hit-and-run under California Vehicle Code Section 20001-20002, speeding under California Vehicle Code Section 22348-22352, exhibition of speed (street racing) under California Vehicle Code Section 23109(c), and speed contest (street racing causing injury) under California Vehicle Code Section 23109(e)-(f). It is important that you speak with an experienced criminal defense attorney as soon as possible to help you defend against these charges and limit the exposure you may be facing.

If I am arrested for reckless driving, can the police impound my car?

Under California Vehicle Code Section 23109.2, a police officer can impound your car for up to 30 days if you are arrested for reckless driving. You will be responsible for any fees that are assessed to the impounding of your vehicle.

I received the first points on my driving record from a reckless driving conviction. The DMV did not suspend my license, but the court suspended it for up to 30 days. Can the court do that?

Under California Vehicle Code Section 13200, even though the DMV did not suspend your license, the court may suspend your driving privileges for up to 30 days upon the first conviction of reckless driving. Upon a second conviction of reckless driving, the court can suspend your driving privilege for up to 60 days. Upon a third or subsequent reckless driving conviction, the court can suspend your driving privileges for up to six months.

Can I be convicted of reckless driving if I am on private property?

Yes. Reckless driving can also apply to off-street parking facilities. An off-street parking facility is a parking facility open for use by the public for parking vehicles. It includes a facility open to retail customers, where no fee is charged for parking. In other words, any parking lot that is open to the public.

If you or a loved one is facing a charge of reckless driving, you will need to speak with an experienced attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all driving matters. We will aggressively fight to get you the best possible result in you case. Call us at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

More California Reckless Driving Information

• Reckless Driving Overview
• Reckless Driving Prosecution
• Reckless Driving Defenses
• Reckless Driving Sentencing and Punishment
• Wet Reckless vs. Dry Reckless Driving
• Reckless Driving FAQ
• Client Testimonials: Reckless Driving

Testimonials

Reckless Driving Cases

“I was originally charged with Exhibition of Speed by a Temecula police officer. But then the District Attorney raised the charges to Reckless Driving and I hired Wallin & Klarich to help me. After several meetings with the District Attorney’s Office, Wallin & Klarich was able to have the charges reduced to an infraction and I had to pay a $200 fine. Thank you Wallin & Klarich for helping me with this matter. I would recommend your firm to anyone charged with any kind of criminal offense.”

-R. T.

More California Reckless Driving Information

• Reckless Driving Overview
• Reckless Driving Prosecution
• Reckless Driving Defenses
• Reckless Driving Sentencing and Punishment
• Wet Reckless vs. Dry Reckless Driving
• Reckless Driving FAQ
• Client Testimonials: Reckless Driving