Driving Crimes

Driving Crimes

Overview of Driving Crimes in California

In California, driving crimes encompass a range of offenses that vary in severity and legal consequences. Most driving offenses are infractions, and we are not covering those here.  These offenses are potentially going to be filed as misdemeanor or a felony, and you could be facing jail time.  These offenses are taken seriously due to their potential to impact public safety. Among the most significant driving crimes are DUI (Driving Under the Influence), reckless driving, driving with a suspended or revoked license, and hit-and-run incidents.

DUI (Driving Under the Influence): Definition and Penalties

Under California law, a DUI occurs when an individual operates a motor vehicle when impaired by the consumption of drugs or alcohol, to the point that they cannot drive with same care and concern as a sober driver, driving with a blood alcohol level of 0.08 or higher, driving when under the influence of drugs, and driving when under the influence of drugs and alcohol. California imposes strict penalties for DUI convictions, including fines, license suspension, mandatory alcohol education programs, and potential jail time. Repeat offenders or those with particularly high BAC levels may face enhanced penalties, including longer jail sentences and extended license suspensions.

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If the DUI results in the injury to another, the DUI charge will be filed under Vehicle Code Section 23153, and it can be filed as a misdemeanor or a felony depending upon the severity of the injuries.

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Reckless Driving: Legal Definition and Consequences

California Vehicle Code Section 23103(a) makes it illegal to drive a vehicle with willful or wanton disregard for the safety of people or property. Reckless driving can be charged for excessive speeding, aggressive driving, and other dangerous actions. Violation of Section 23103(a) is punishable by up to ninety days in county jail and/or a fine of up to $1,000.

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Reckless driving causing serious injury to another person can increase the possible punishment for this offense.  

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Driving with a Suspended or Revoked License

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Driving with a suspended or revoked license is another serious offense in California. The potential penalties depend on the reason for the suspension or revocation, and the number of prior violations.For example, if your license was suspended because of a DUI, not only can you be arrested for driving on a suspended license, but your car can be impounded for 30 days.You could face 10 days in jail up to 6 months or if you are still on DUI probation.  A conviction of driving on a suspended license due to a DUI will generally result in the Court ordering you to install an Ignition interlock device on your vehicle and keep it on your vehicle for a period of time.  This would be at your expense.

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If your license was suspended for failure to appear on a traffic ticket or failure to pay child support (Family Code §17520), you will face civil penalties, but you can also be charged with driving on a suspended license, which is a misdemeanor.

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Hit-and-Run Offenses: Definitions and Penalties

A hit-and-run offense occurs when a driver involved in an accident leaves the scene without providing contact information or assisting the injured parties. Under California law, drivers involved in accidents must stop and exchange information with other parties involved, or at the very least, report the accident to law enforcement, or provide your contact and insurance information to the owner of the property you hit, or leave it on their property in a conspicuous location.   Failure to do so can lead to significant legal repercussions, including fines, license suspension, and jail. The penalties vary depending on the extent of the damages and whether the accident involved injuries or fatalities.

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If the hit and run resulted in the injury of another party, then you can be charged with a felony hit and run, since the state wants you to assist the injured party and not leave the scene.

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Defenses Against Driving Crime Charges

Individuals charged with driving crimes in California have several potential defenses available. Common defenses include challenging the validity of the evidence, such as questioning the accuracy of BAC testing equipment or arguing that the arresting officer lacked probable cause to contact or arrest you.. Other defenses may involve proving that the driver’s actions were not as reckless as alleged or demonstrating that the driver was not aware of their license suspension. Each case is unique, and the effectiveness of a defense strategy will depend on the specific circumstances and evidence involved.

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The Role of a Criminal Defense Attorney

A criminal defense attorney plays a crucial role in defending individuals charged with driving crimes. Attorneys provide valuable assistance by analyzing the details of the case, identifying potential defenses, negotiating with prosecutors, and representing their clients in court. Their expertise can significantly influence the outcome of a case, potentially resulting in reduced charges, lesser penalties, or even case dismissal.

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Impact of Driving Crime Convictions

A conviction for a driving crime can have lasting effects beyond immediate legal penalties. Such convictions often lead to points on one’s driving record, increased insurance premiums, and potential employment consequences. If you get too many points on your driving record in a short period of time, the DMV may revoke your driver’s license due to the high number of points, because it indicates that you are not a safe driver.  If you get a notice of suspension due to too many points, that can also be fought.  For individuals with professional licenses or those whose jobs involve driving, or driving a company owned vehicle, a driving crime conviction can have serious career implications.  It is also important to note that the charges outlined in this discussion are misdemeanors or felonies, so they will show up on your driving record, and also on your criminal background checks.