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.