Reckless Driving

There are two statutes that govern reckless driving in California.  CVC § 23103 governs reckless driving that did not result in injury.  It prohibits driving any vehicle in a willful or wanton disregard for the safety of persons or property.  CVC § 23104(a) prohibits reckless driving of a vehicle which proximately caused bodily injury to any person other than the driver. 

Willful and Wanton Disregard

To establish the offense of Reckless Driving the prosecutor must prove that you acted  with knowledge that injury to another was probable OR you acted with a wanton and reckless disregard for the safety of others and in reckless disregard for the consequences of your acts.  This is not necessarily easy to prove in every case, even where there has been bodily injury.  However, you will need a qualified lawyer to evaluate the merits of your case and determine your best course of action.

Punishment

Reckless driving WITHOUT INJURY is punishable by 5 to 90 days in jail AND a fine of $145.00 to $1000.00. If probation is granted, there is no minimum jail or fine.

Reckless driving WITH INJURY is punishable by 30 days to 6 months in jail and a fine of $220.00 to $1000.000.  If probation is granted, there is no minimum jail or fine.  In addition, there is a sentence enhancement where there are prior convictions of reckless driving, speed contests, or exhibitions of speed, or drunk driving where great bodily injury occurs.  This enhancement elevates the offense to a 16 month, 2 or 3 year felony.   

Department of Motor Vehicle Action

If you are convicted more than once for reckless driving, OR reckless driving in addition to a few other offenses you may have your license revoked for a year.  If you are convicted of reckless driving involving bodily injury your licenses WILL be suspended for a year. 

Vehicle Impounded

There is a statute in California that provides for a judicially issued warrant ordering a 30 day impound of any vehicle used for reckless driving or evading arrest.  This will be at cost to you.

Conclusion

The punishment for a conviction of reckless driving can be very serious.  You can easily lose your driving privileges AND your car may be impounded for a month.  You will need a qualified lawyer to evaluate the merits of your case and determine your best course of action.  Don’t risk it all.  If you have been cited or arrested for reckless driving contact me.  I will gladly give you a free evaluation of your case.  I provide quality legal services at an affordable price.