Vista Reckless Driving Defense Attorney

What Is Reckless Driving Under California Law?

California Vehicle Code Section 23103 (VC) defines reckless driving charges as operating a vehicle with a “willful or wanton disregard for the safety of persons or property.”¹

“In plain English, that means someone drove with a conscious disregard for the potential risks of their actions,” explains attorney Liss. “This is far greater than the standard of negligence, which typically involves acting without sufficient care.”

Examples of Reckless Driving in San Diego

The law doesn’t detail specific reckless driving behaviors. “What a police officer believes to be reckless, I’ve seen judges, jurors, and prosecutors consider simply careless,” says Liss. However, if you confess something was dangerous or otherwise admit guilt, this could complicate your defense.

Some common examples of reckless driving Peter Liss has seen locally:

• Driving at high speeds in a school zone
• Popping wheelies on the freeway while using a motorcycle
• Tailgating other cars
• Aggressively demonstrating road rage behaviors
• Weaving between lanes while watching videos on a cellphone
• Operating a vehicle at excessive speeds in dangerous driving conditions
• Taking blind corners too quickly

Behaviors not automatically considered to be reckless driving include:

• Operating a vehicle while barefoot
• Speeding in optimal road conditions
• Running a broken red light
• Swerving into the opposite lane of traffic to avoid an accident

Reckless Driving Penalties in California

Unlike most driving offenses, which are typically infractions (tickets), reckless driving is a misdemeanor. Reckless driving under 23103 (VC) is punishable by up to 90 days in county jail and a fine of up to $1,000.

In some instances, alternative sentences, such as probation, may be an option in place of jail time.

Additional Consequences

Your vehicle may be impounded, and you will need to pay a fee to retrieve it.² Additionally, reckless driving convictions add two points to your DMV record, likely raising your car insurance rates. You could even lose your driving privileges if you have enough points on your record.

Penalties for Reckless Driving Causing Injury

If someone suffers a minor injury, the charge is filed as 23104 (VC)³, punishable by up to 6 months in jail.

Cases where the victim suffered serious bodily injury are charged under 23105 (VC)⁴, which can be a misdemeanor, punishable by one year in jail, or a felony, punishable by up to three years in prison.

Drivers may also face enhanced penalties if they have a prior offense on their record.

What Are the Best Defenses to Reckless Driving Charges?

“There is no single best way to fight this charge,” says Liss. “Your lawyer will base your defense on the specifics of your case.”

Often, the best strategy is to show you didn’t meet all three elements of a reckless driving charge. To be found guilty under 23103 (VC), prosecutors must show you were:

• Operating a vehicle
• On a public street, highway, or off-street parking facility
• With a willful or wanton disregard for the safety of persons or property

If you weren’t driving or were on private property, this law doesn’t apply. The main challenge in most cases is proving willful disregard for safety. Prosecutors must show you knew (or reasonably should have known) the risks and ignored them.

Other Defenses to Reckless Driving Charges

Mr. Liss will evaluate all possible legal defenses, which could include:

• Arguing that you were driving dangerously as a result of a medical emergency.
• Showing that the police lacked a valid reason to stop or arrest you.
• Proving your vehicle was malfunctioning, and you were trying to avoid causing an accident.

Plea Bargains

In many criminal cases, a plea bargain is the best resolution. If you were initially charged with 23103 (VC), your attorney may be able to have the charges reduced to an infraction.

Attorney Peter Liss has successfully pleaded these charges down on multiple occasions.

Dry Reckless Vs. Wet Reckless

Reckless driving is a common plea agreement in driving under the influence (DUI) cases. In these cases, reckless driving is referred to as a “dry reckless” to distinguish it from “wet reckless” charges, an alternative plea agreement option filed under 23103.5 (VC).⁵ Here’s the difference between the three:

A primary advantage of a dry reckless charge is that it does not count as a prior DUI offense.

Other Charges Related to Reckless Driving

Many people facing a reckless driving charge are charged with other offenses, including hit and run, participating in a speed contest, road rage, wrong-way driving, or excessive speeding.

Contact a Vista Reckless Driving Defense Attorney

If you have been accused of any of these crimes, discuss the case with a lawyer. Your attorney can determine whether your rights were violated during the traffic stop, whether you meet the legal standard for conviction, and whether you qualify for a plea bargain or alternative sentencing.

“You may only have a limited time to protect your license and avoid jail,” warns Liss. “Call my office now.”