California Vehicle Code 23103 VC prohibits reckless driving, defined as operating a motor vehicle with a willful or wanton disregard for the safety of other people or property. Reckless driving law covers a broad range of different types of unsafe driving behavior on the crowded roads and highways in Los Angeles County.
Reckless driving is not to be taken lightly. It's a serious offense, far beyond a mere traffic violation like a speeding ticket. In fact, it's a serious misdemeanor crime. The legal penalties for reckless driving are not just fines, but can also include jail time and probation. It's crucial to understand that reckless driving is a discretionary arrest misdemeanor offense, giving the police officer the authority to issue a citation, make an arrest, and take you to jail.
Under VC 23102, reckless driving is vaguely defined as anyone who drives a vehicle with a willful disregard for the safety of people or property. This broad description leaves room for interpretation, but the legal consequences of a conviction are clear.
If you are found guilty of a first offense of reckless driving, you could be facing up to 90 days in jail, substantial fines, having your car impounded for 30 days, and having your California driver's license suspended. These are not just penalties, but life-altering consequences.
If you are convicted of reckless driving as a second or third offense, or if another person was injured due to your reckless driving, you will face a one-year mandatory suspension of your driver's license and 6 months in a Los Angeles County Jail.
Long-Term Consequences
Reckless driving is a misdemeanor crime, and a conviction means you will have a criminal record. This can have long-term consequences, as a conviction for reckless driving will add two points to your California DMV record.
If you accumulate two points on your DMV record within 18 months, you can expect an increase in your car insurance rates. The impact of reckless driving can linger far beyond the initial incident, affecting your driving record and insurance rates for years to come.
If you are facing charges of reckless driving, it's crucial, if not imperative, to seek legal representation. An experienced Los Angeles criminal defense lawyer at Eisner Gorin LLP will provide aggressive legal representation to obtain the best possible outcome.
As mentioned earlier, the legal description of reckless driving under Vehicle Code 23103 is vague, leaving room for challenging your charges. Now that we've covered a general overview of reckless driving charges, let's delve into the legal definition, penalties, and potential legal defenses in more detail.
Definition of Reckless Driving
Under California Vehicle Code 23103, reckless driving is legally defined as follows: "(a) Anyone who drives a vehicle on a highway or off-street parking facility in willful or wanton disregard for the safety of other people or property is guilty of reckless driving. (c) Anyone convicted of a reckless driving offense will be punished by up to 90 days in county jail or a fine up to $1,000, or both jail and a fine."
As you can see from the legal description above, reckless driving is not a traffic violation; rather, it's a misdemeanor crime. Under VC 23013, a highway is a street that is open to public driving, and an off-street parking facility is a parking area open to the public. This includes parking lots at retail stores or malls, but also privately owned parking lots that are not open to the general public.
A wanton disregard for the safety of other people means you were aware that your actions presented a substantial and unjustifiable risk of harm, and that you intentionally ignored the risk. It's important to note that speeding alone is not sufficient to prove you were driving reckless.
Examples of Reckless Driving
Since we know from above that reckless driving is defined as driving a vehicle in a manner with wanton disregard for the safety of other people or property, you can get a pretty good idea of some examples of reckless driving. In Los Angeles County, some common examples of reckless driving that violate California Vehicle Code 23103 include the following:
- Swerving your car recklessly through lanes of traffic,
- Driving your vehicle up onto a sidewalk,
- Recklessly forcing your vehicle through a crowd,
- Ignoring or driving through stop signs and red lights.
It's important to note that due to the vague definition of reckless driving under VC 23103, many forms of irregular driving could be considered reckless if your actions are considered serious enough.
Common sense does come into play here, and the main factor is typically whether a reasonable driver would realize that driving in the opposite direction of traffic is a danger to other people. Evading police by driving in the opposite direction of traffic is defined under Vehicle Code 2800.4 VC.
Penalties for Reckless Driving
If you are convicted of reckless driving, violating California Vehicle Code 23103, the legal penalties for the misdemeanor crime will include up to 90 days in jail and a $1,000 fine. However, if another person sustains minor injuries due to your reckless driving, you will be charged for violating California Vehicle Code 23104.
If convicted, the legal penalties include up to 6 months in a county jail and a fine. However, suppose another person is seriously injured, or you were driving under the influence (DUI). In that case, it's a “wobbler,” meaning the Los Angeles County prosecutor can file the case as either a misdemeanor or felony offense.
VC 23105 Felony Reckless Driving
Under California Vehicle Code 23105, reckless driving that results in serious injuries to a third party is a wobbler if the injuries include broken bones, a concussion, a wound requiring stitches, or a brain injury. If you are convicted of felony reckless driving that caused serious bodily injuries, in violation of VC 23105, the legal penalties include:
- Up to 3 years in county jail,
- A fine up to $10,000.
It should be noted that reckless driving is also a wobbler when you have specific prior driving convictions, such as a prior for reckless driving, exhibition of speed under California Vehicle Code 23109(a), or a DUI. Under California law, a serious bodily injury is defined as a significant physical injury, such as a broken bone, a concussion, a wound requiring stitches, or a brain injury.
If someone were killed due to your reckless driving, you could face the following charges:
- California Penal Code Section 192(c) – Vehicular Manslaughter,
- California Penal Code Section 187 – Second Degree Watson Murder.
It should be noted that Watson murder charges typically involve situations where someone was driving under the influence and another person was killed. It's commonly known as a DUI murder. The legal penalties if you are convicted of a Watson murder include 15 years to life in a California state prison.
Defenses for Reckless Driving
Our Los Angeles criminal defense attorneys could use a wide variety of potential legal defenses on your behalf against charges of reckless driving, in violation of California Vehicle Code Sections 23103, 23104, or 23105. These include:
- You were not driving recklessly. It's important to note that the Los Angeles County prosecutor has the burden of proof to show, beyond a reasonable doubt, that you were driving recklessly. Reckless driving is more than just negligence or irresponsible driving. It means the DA would need to prove you had an intentional lack of regard for the safety of others, or that you knew that a serious injury would be probable due to your driving. This can often be difficult to prove. Our criminal defense lawyers might be able to cast some doubt on these important elements of the crime. In other words, the most common defense to reckless driving is to show that your conduct while driving did not amount to recklessness. Our law firm has seen cases where the police believed someone was driving reckless, but the circumstances at the specific time didn't sufficiently support criminal charges of reckless behavior.
- No intentional conduct. As stated in the legal definition above, in order to be convicted of reckless driving, your conduct must be willful or wanton. If your driving was perceived as intentional, but our lawyers could show that your reckless driving was not actually intentional, you could probably avoid a conviction. For example, we might be able to successfully argue that your vehicle has some type of mechanical failure that caused you to drive erratically, but it was not an intentional act.
Suppose you have been accused of reckless driving in violation of California Vehicle Code 23103 or 23105. In that case, you need to consult with a skilled Los Angeles criminal defense lawyer at Eisner Gorin LLP. We may be able to reduce your reckless driving charges to a lesser offense or completely dismiss them, saving you from a driving license suspension.
Additionally, our lawyers might be able to negotiate an acceptable plea bargain for your misdemeanor crime, reducing it to a simple traffic infraction. This would result in reduced fines and no points on your driving record. However, we need to review the specific details of your case first.
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