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].