Reckless Driving

Reckless driving is a serious offense in California that can lead to severe legal consequences. Whether you're charged with reckless driving under California Vehicle Code 23103 or facing enhanced penalties due to injury or property damage, understanding the ins and outs of this charge can help you navigate the legal process.

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What Is Reckless Driving in California?

Definition of Reckless Driving Under California Vehicle Code 23103

Reckless driving is defined under California Vehicle Code Section 23103 as operating a vehicle "in willful or wanton disregard for the safety of persons or property." This means that the driver knowingly drives in a dangerous manner, understanding the potential risk to others but continuing to drive recklessly anyway.

This can include behaviors such as:

• Excessive speeding
• Weaving through traffic
• Running red lights or stop signs
• Tailgating
• Street racing

While speeding alone isn’t always considered reckless driving, it becomes reckless when combined with additional risky behaviors like running red lights or tailgating​

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Is Reckless Driving a Misdemeanor or Felony?

In most cases, reckless driving is charged as a misdemeanor in California. However, the charges can escalate to a felony if the reckless driving results in bodily injury or significant property damage​

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Penalties for Reckless Driving in California

The consequences of a reckless driving conviction can be harsh, depending on the circumstances of the offense.

Base Penalties for a Misdemeanor Reckless Driving Charge

For a first-time offense of misdemeanor reckless driving, penalties typically include:

• Fines ranging from $145 to $1,000
• Imprisonment in a county jail for 5 to 90 days
• 2 points on your California driving record, which can increase insurance rates
• Potential license suspension for up to 30 days
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Enhanced Penalties for Reckless Driving with Injury or Property Damage

If your reckless driving caused bodily injury or significant property damage, the penalties are more severe:

• Fines up to $10,000
• Imprisonment in county jail for up to 6 months
• Longer license suspension
• Potential felony charges, especially if the injury is serious​

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Is Reckless Driving the Same as a DUI?

Reckless driving is often confused with a DUI (Driving Under the Influence), but they are different offenses. However, if you were driving recklessly while under the influence of alcohol or drugs, you may face both DUI and reckless driving charges.

There is also a lesser charge known as "wet reckless" driving, which is sometimes offered as a plea deal in DUI cases. Wet reckless is less severe than a DUI but still involves alcohol and can affect your insurance and criminal record​

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How to Fight a Reckless Driving Charge

Common Defenses Against Reckless Driving

1. Lack of Willful or Wanton Disregard: You may argue that your actions, while negligent, didn’t rise to the level of reckless driving because there was no "willful or wanton disregard" for safety.
2. Emergency Situation: If you were driving recklessly to avoid harm or in response to an emergency, this may serve as a defense.
3. Insufficient Evidence: Your defense attorney can argue that the evidence doesn’t support the prosecution’s claims, particularly if there’s no proof of dangerous behavior like speeding or reckless maneuvering.
4. Mistaken Identity: If the reckless driver was not you, but someone else driving your vehicle, this can be a viable defense​

Importance of Legal Representation

Fighting a reckless driving charge requires expertise in California traffic laws. A skilled Criminal Defense Attorney can help you challenge the evidence and potentially reduce or dismiss the charges.

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What Are the Long-Term Consequences of a Reckless Driving Conviction?

A reckless driving conviction can have long-term consequences beyond the immediate fines or jail time. These include:

• Increased insurance premiums: Reckless driving adds two points to your driving record, which can make your insurance rates skyrocket.
• Difficulty in securing employment: If the conviction shows up on a background check, it could hinder job opportunities, especially for positions that involve driving.
• License suspension or revocation: Multiple reckless driving charges can lead to permanent revocation of your driver's license​

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Conclusion: Take Action Early

Reckless driving is a serious charge in California that carries heavy penalties. Understanding the specifics of your charge and building a strong defense with the help of an experienced attorney is essential. If you're facing reckless driving charges, act quickly to consult a legal professional and explore your defense options.

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