California Reckless Driving Attorney – Vehicle Code 23103/23105.5 VC

Should You Hire A Reckless Driving Attorney?

Did you just get a ticket for reckless driving? If so, you should consult with a California traffic violations lawyer for more information. The traffic lawyers at My Rights Law have helped countless people resolve reckless driving charges. To learn more, reach out to My Rights Law’s traffic violations lawyer by calling (888) 702-8882 or contacting us through our secure web form.

What Does Reckless Driving Mean?

Reckless driving means that you are aware of a significant and unjustifiable risk of harming others, you intentionally ignore that risk[1], and then take that significant and unjustifiable risk. For example, you drive down the street while blindfolded. In this scenario, you take a significant and unjustifiable risk of hitting someone with your car. You know that you may hit someone, but you do it anyway. The Court can find such an action as being reckless driving.

What Are The Reckless Driving Laws In California?

Under California law, Reckless driving is when you drive a vehicle with willful or wanton[2] disregard for the safety of persons or property.” Reckless driving is generally charged as a misdemeanor. However, if you injure someone, you can be charged with a misdemeanor or a felony depending on the severity of the injury. You do not necessarily have to injure anyone to be charged with reckless driving. You can be charged with a misdemeanor if you do not injure anyone. However, depending on the severity of the injury, you can be possible by charged with a felony. If the injury is minimal, you will likely be charged with a misdemeanor. However, if the injury is severe, you may be charged with a felony.

What Are The Reckless Driving Penalties And Sentencing In California?

Reckless driving is more than a traffic ticket. It is a criminal offense. If the Court convicts you with violating the reckless driving statute, you can have a criminal record, have your license suspended, and do time in the county jail or prison. Reckless driving can make the prosecutor charge you with a misdemeanor or a felony.

If you are charged and convicted of a misdemeanor reckless driving violation, you can be sentenced to up to 90 days in the county jail and fined up to $1,000[3]. The penalties increase depending on the magnitude of the damage your accident caused. Suppose you cause minor injuries with your reckless driving. You can be sentenced to up to six months in the county jail and fined up to $1,000. However, if the Court deems the injuries you caused to be significant, you can be charged and convicted of a felony. If the Court convicts you of a felony, you can be sentenced to up to three years of prison and fined up to $10,000[4].

Are There Additional Penalties If Convicted Of Reckless Driving?

Besides prison time, a suspended license, and hefty fines, you can also receive two points on your record. With additional points, your insurance premium can increase.

What Are Some Reckless Driving Defenses?

Someone else drove your vehicle. If someone other than you drove your vehicle, the Court should not convict you with a reckless driving violation. For example, someone borrowed your vehicle. While driving your vehicle, they hit another person’s vehicle because they were driving while intoxicated. In this case, you should not be convicted of a reckless driving violation because it was not you that was driving recklessly.

The risk you took was not wanton. If the risk you took is not considered wanton in the Court’s eyes, you should not be convicted of reckless driving. For example, if your wife is pregnant and you have to speed to get to the hospital as quickly as possible, your actions might not be considered wanton. Another example where your driving might not be considered wanton is if you are driving in the middle of a desert and you increase your speed to a speed that is higher than would typically be allowed in a city. If there is a gray area on whether the risk you took was wanton, an attorney can represent you in defending the matter. If the Court agrees with your attorney, you should be found not guilty.

The severity of the injury is minor[5]. If the person you hurt is injured but not as severely as the prosecution states, your attorney can argue that the person is not severely injured. If the Court agrees that the person is not severely injured, the Court may mitigate the charge down to a misdemeanor instead of a felony.

Call My Rights Law California Reckless Driving Lawyers Today

If you are charged with a reckless driving violation, you should consult with a lawyer for more information. The skilled reckless driving lawyers at My Rights Law have defended countless people against reckless driving charges. To learn more, reach out to My Rights Law by calling (888) 702-8882 or contacting us by filling out our secure web form.

Other traffic violation crimes we defend include: Suspended Revoked License

FOOTNOTES
[1] People v. Young (1942) 20 Cal.2d 832
[2] CALCRIM No. 2200
[3] California Vehicle Code 23103c
[4] California Vehicle Code 23104b
[5] California Vehicle Code 23104a