Reckless Driving VC 23103
In a casual conversation, the phrase “reckless driving” may apply to a range of traffic violations, including driving while intoxicated, speeding, and distracted driving. According to California law, however, reckless driving has a much more specific definition and hefty penalties.
While the exact meaning of reckless driving may seem somewhat elusive, the criminal consequences can be severe. Fortunately, defendants can avoid or mitigate these penalties by working with an experienced California criminal defense attorney.
If you’ve caught a reckless driving charge in California,
Gressley & Donaldson is here to help. Keep reading to learn everything you need to know about reckless driving VC 23103, including examples, possible defense strategies, and various legal penalties associated with conviction.
How Does California Vehicle Code 23103 Define Reckless Driving?
California defines reckless driving under Vehicle Code 23103. According to this section, a person may face charges of reckless driving if they exhibit “willful or wanton disregard” for other people. Drivers may also face this charge if they show a disregard for various forms of property.
Note that although this definition applies specifically to “highways,” you can face criminal charges for driving recklessly on virtually any publicly maintained road open to the public. These roadways range from rural side streets and city roads to urban freeways and interstate highways.
Off-Street Parking Facilities
Even if you were not operating your vehicle on a road or highway, it is still possible to face reckless driving charges for your conduct on “off-street parking facilities.” In other words, you can be charged with this misdemeanor if you drive dangerously in a parking lot. This is true regardless of whether the facility is open to the public, privately owned, or reserved for customers of retail establishments.
Wanton Disregard for the Safety of Others
It is important to clearly define “wanton disregard for safety,” as this is a crucial element of reckless driving laws in California. In 2020, the California Court of Appeal in the Fourth Appellate District clarified the meaning of this term and its two elements:
- The defendant is aware that their actions present a “substantial and unjustifiable” risk of harm.
- The defendant intentionally ignores this risk.
The court goes on to state that although intent is an important element of wanton disregard for safety, the intent to cause damage is not necessary for conviction. In other words, the defendant only needs to consciously dismiss the risk associated with their actions, and they can be convicted of reckless driving, even if they never intended to cause any harm.
Examples of Reckless Driving
Numerous actions can result in a reckless driving charge in California. Here are some examples:
- Speeding
- Veering out of your lane
- Taking a shortcut through a gas station
- Doing donuts in a parking lot
- Doing a burnout at a red light
- Distracted driving
- Running a red light
- Improper merging onto a highway
- Turning without signaling
- Tailgating
- Driving under the influence
- Unsafe passing
- Failure to obey traffic signs or signals
- Passing a school bus in certain situations
- Driving too fast for current weather conditions
- Racing
- Failure to yield the right of way
- Illegal modifications
The definition of reckless driving in California is somewhat vague and open-ended, and police officers may define virtually anything as “reckless” at their discretion. Note that while reckless driving often occurs at high speeds, you may also face this charge for various unsafe maneuvers that occur well under the speed limit.
Are There Legal Defenses to Reckless Driving?
There are various legal defenses to reckless driving. While these all have the potential for success, the most appropriate defense strategy depends on your unique circumstances. We will discuss a few of these common defenses below.
You Were Not the Driver
If you were charged with reckless driving due to a case of mistaken identity, you can avoid a conviction if you establish that you were not behind the wheel at the time of the incident. For example, you might have been a passenger. Police might have also incorrectly pulled you over because your vehicle model and make matched the description of another suspect.
You Were Not Acting Recklessly
Another option is to argue that your conduct was not reckless. To execute this strategy effectively, you will need to address the required elements of “wanton disregard for safety,” and demonstrate that your actions did not align with them.
Necessity
If you had an acceptable reason for driving recklessly, the court may rethink your situation. For example, you might have been responding to a medical emergency – or perhaps you were being pursued by armed criminals. In both cases, your reckless driving may be considered non-criminal.
Disprove or Dispute Your Alleged Speed
It may be possible to call into question the evidence of your alleged speed. How did the authorities determine the velocity of your motor vehicle? What kind of equipment did they use, and was their technology properly calibrated? These may be important questions to ask in order to defend yourself.
Lack of Proper Signage
Many reckless driving offenses involve the alleged ignorance or disobeying of traffic signs. In response to these allegations, you may point out that the signage was not clear, or that the signs did not even exist in the relevant road section. A skilled criminal defense attorney can help you collect evidence to support these claims.
What Are the VC 23103 Penalties
Penalties under VC 23103 may vary depending on the severity of the alleged offense. If convicted, you could face jail time, a fine, or both. If the court determines that you should go to jail, a mandatory minimum sentence of 5 days applies.
For more serious cases of reckless driving, you could spend up to 90 days in county jail. If the court determines that a fine is more appropriate, it will be a minimum of $145, although it is possible to face a fine of up to $1,000 for reckless driving in California.
Remember, it is possible to face both a fine and a jail sentence for a single reckless driving conviction. Additionally, a conviction will lead to an added two points on your driver’s license. While this is not a criminal consequence, it may result in your license suspension; it may also increase your car insurance premiums.
With Minor Injury
Section 23104 of California’s Vehicle Code details penalties for reckless driving involving minor injuries. A mandatory minimum jail sentence of 30 days applies, as well as a fine of at least $220. For more serious cases, defendants may face up to six months in jail and fines of up to $1,000.
With Serious Injury
Reckless driving with a serious bodily injury is a “wobbler” offense. This means that this offense could lead to either felony or misdemeanor charges (see the section below on 23105 VC), depending on the specific circumstances.
“Wet Reckless” as a DUI Plea Bargain
If you face a DUI in California, you may wish to take a “wet reckless” plea bargain. In exchange for entering a guilty plea, the court may agree to convict you under California’s reckless driving laws instead of its DUI laws. This will result in a potential jail sentence of up to 90 days, which is lower than the 6-month maximum sentence for a first-offense DUI conviction. A “wet reckless” conviction does not carry an automatic driver’s license suspension, like a DUI conviction does. But, under VC 23103.5, a “wet reckless” conviction does require a DUI class. Additionally, a “wet reckless” conviction can be alleged as a prior DUI conviction if you are arrested for a DUI offense in the future. You may wish to discuss this strategy further with your California defense attorney if you face DUI charges.
“Dry Reckless” as a DUI Plea Bargain
If you face a DUI in California, you may wish to take a “dry reckless” plea bargain. In exchange for entering a guilty plea, the court may agree to convict you under California’s reckless driving laws instead of its DUI laws. This will result in a potential jail sentence of up to 90 days, which is lower than the 6-month maximum sentence for a first-offense DUI conviction. A “dry reckless” conviction does not carry an automatic driver’s license suspension, or require a DUI class. A “dry reckless” conviction cannot be alleged as a prior DUI conviction if you are arrested for a DUI offense in the future. You may wish to discuss this strategy further with your California defense attorney if you face DUI charges.
Are There Related Offenses to Reckless Driving?
Defendants may face a range of additional charges alongside reckless driving allegations, including DUI, speeding, driving without a license, failure to yield, distracted driving, and many others. In the event of a serious crash, prosecutors may attempt to charge the defendant with as many crimes as possible.
Reckless Driving Resulting in Specific Serious Injuries – 23105 VC
As previously noted, a serious injury has the potential to make reckless driving much more serious. These incidents are covered under a separate section, 23015 VC.
Under this section, you may face a felony charge and up to three years in state prison for causing a serious injury. You may also face a fine of up to $10,000. Here are some examples of what may qualify as a “serious injury” under this section:
- The loss of consciousness
- Concussions/head injuries
- Broken bones
- Disfigurement
- Loss of bodily function
- Wounds that require “extensive suturing”
- Paralysis
If your accident resulted in a serious injury, it’s critical to partner with a top-notch criminal defense lawyer to avoid conviction. Luckily, you don’t have to look too far — the attorneys at Gressley & Donaldson are here to help.
Frequently Asked Questions
It’s normal to have questions about your charges. Criminal defense law in California is complex, and unpacking the nature, implications, and possible repercussions associated with your charges is best done with help from a dedicated attorney. In the meantime, check out the answers to some of our most frequently asked questions.
- How do I appeal a reckless driving conviction?
You must file a Notice of Appeal within 30 days of the judgment or order related to your reckless driving conviction. After obtaining the record on appeal, you may work with a qualified defense attorney to submit briefs, present your oral arguments, and convince the court of appeals to reconsider the earlier decision.
- Are there immigration consequences for reckless driving?
Under United States immigration law, aliens may be deported after committing crimes of “moral turpitude.” Since reckless driving is a serious traffic violation, it may fall under this category and therefore lead to serious immigration consequences.
- Can I get a reckless driving conviction expunged?
It is possible to have your reckless driving conviction expunged, but the exact process depends on the nature of your conviction. Expungement may be more challenging if your offense involved injuries – and expunging misdemeanors is generally easier than expunging felonies. If the conviction was for a DUI reduced to “wet reckless,” then you must show the court why granting the expungement would be in the “interests of justice.”
- Does a reckless driving conviction affect my gun rights?
A reckless driving conviction will only affect your gun rights if your conduct led to a serious injury. As this will likely result in a felony conviction, you could lose your gun rights on both State and federal levels.
Contact a Reckless Driving Defense Lawyer Today
While it is helpful to gain a more complete understanding of how reckless driving charges work in California, online research represents only the first step. Each case of alleged reckless driving is different, and an article cannot offer you personalized advice based on your specific circumstances. Fortunately, a qualified defense lawyer from Gressley & Donaldson can carefully assess your unique situation and recommend a path toward positive outcomes. Ready to get started? Reach out to our law firm to schedule a consultation and protect your future.
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