If you are facing criminal charges in a California drunk driving case, you may be able to work with the state’s prosecuting attorney to get your charges reduced, if not dismissed. One option you can seek is to have the prosecution reduce your DUI charges to reckless driving under CA Vehicle Code § 23103.
Our Los Angeles DUI lawyer can work to shield you from the harsh consequences of a DUI conviction and protect your driving record and your future. Call today for a consultation with a lawyer—we are available 24/7.
How Does CA Vehicle Code § 23103 Define Reckless Driving?
Under California Vehicle Code § 23103, the state defines reckless driving as operating a vehicle “in willful or wanton disregard for the safety of persons or property.” This includes driving a motor vehicle on public roads and in parking facilities.
Road behavior that violates state reckless driving laws can include:
- Excessive speed (driving well above the posted speed limit)
- Aggressively changing lanes
- Weaving and bobbing in traffic
- Street racing (participating in a speed contest)
- Ignoring traffic signals (e.g., running red lights and stop signs)
- Driving under the influence (DUI) while impaired by alcohol and/or drugs
These actions all demonstrate a disregard for safety and can be grounds for a reckless driving charge.
What Is Wanton Disregard?
California law states that someone can act with wanton disregard for safety or property when they intentionally ignore risk and are aware that their actions are presenting an unjustifiable risk of harm.
That does not necessarily mean the driver intends to cause damage, but they must know that driving recklessly puts themselves, others, or property at significant risk of injury or harm.
What Are Off-Street Parking Facilities and Highways?
Per the law, off-street parking facilities include any parking area open for public use for parking vehicles, including privately owned facilities that do not charge a fee for retail customers and publicly owned facilities.
However, if a parking lot facility isn’t open to the public, it is not covered under the statute. Under the law, a “highway” includes any publicly maintained street or area open to vehicle travel.
Penalties for Reckless Driving Under CA Vehicle Code § 23103
Reckless driving is a misdemeanor offense punishable by a fine of up to $1,000, imprisonment for up to 90 days in county jail, and two negligent operator points on one’s driver’s license. The severity of the penalties can depend on whether it’s a person’s first offense or a subsequent one and whether the reckless driving resulted in injury or property damage.
If someone suffers minor or serious injuries, harsher penalties could apply. For example, someone who causes a minor bodily injury to another party could face up to one year in jail and fines as high as $1,000. If the defendant causes serious bodily injury, the offense is a wobbler, meaning it could be charged as a misdemeanor or a felony.
If convicted of felony reckless driving, a defendant could face up to three years in state prison and fines up to $10,000.
Additionally, other criminal penalties could apply, such as:
- Vehicle impoundment
- Points on a driver’s license
- License suspension or revocation
- Completion of court-ordered driver retraining classes
- Completion of community service hours
- Completion of substance abuse treatment
Other Legal Consequences of a Reckless Driving Conviction in California
A conviction under CA Vehicle Code § 23103 can also significantly affect other areas in a person’s life in the following ways, even if it is a misdemeanor offense:
- Car insurance rate increases
- Immigration or citizenship issues
- Child custody or visitation troubles
- Loss of firearm rights
- Loss of federal student aid eligibility
- Trouble finding or maintaining gainful employment
- Trouble finding safe or affordable housing
- Difficulty maintaining relationships with family and friends
- Suspension or revocation of your professional licenses
With consequences that are so severe, you should take steps to protect yourself if you have been charged with a reckless driving accident. A DUI lawyer in Los Angeles can prepare a legal defense strategy that helps you avoid the consequences of a conviction. Call us today to review your legal options during a consultation.
How Does the Prosecution Prove Reckless Driving Occurred?
In order to prove reckless driving occurred under California Vehicle Code § 23103, the prosecution must establish certain elements beyond a reasonable doubt. It must prove the following elements to convict a defendant of reckless driving:
- The defendant must have driven with wanton disregard for the safety of others or property. The prosecution must show the driver was aware of their actions and understood the risks but chose to ignore them. Excessively high speeds, weaving through traffic, or performing illegal or dangerous maneuvers are examples of wanton disregard.
- The defendant must have driven a vehicle in an off-street parking facility or on a public highway. It is important to show that reckless driving happened in one of these areas. This helps the prosecution prove these traffic laws cover the driver’s actions and apply the right penalties.
Prosecutors can use various types of direct and circumstantial evidence to prove the defendant’s driving meets the definition of “reckless.” These include:
- A police report that documents law enforcement’s observations about the driver’s road behavior.
- Witness testimony from other drivers, pedestrians, and bystanders who can describe the defendant’s actions.
- Video footage from surveillance cameras, dashboard cameras (dashcams), and cell phones that capture how the defendant was acting while behind the wheel.
- Physical evidence from the scene, including skid marks and vehicle damage.
- Driver statements that show the person’s state of mind and that they were aware of their reckless behavior.
How Can I Challenge the Charges for Reckless Driving?
You could defend yourself against the reckless driving charges in several ways. If you were previously facing a DUI where your blood alcohol level was at the legal limit of 0.08% or higher, the state’s prosecuting attorney may be willing to reduce your charges. You could get a reckless driving offense or a lesser offense as part of the terms of your DUI plea bargain.
However, in some instances, it is important to challenge the charges against you. Common defenses against reckless driving:
- The defendant was not the driver: The defendant must have been the person operating the vehicle at the time of the incident to be convicted under this law.
- The driving was not considered reckless: Under the law, if the driver did not operate the car with wanton disregard for others’ safety or property, nor did the driving occur on off-street parking facilities or highways, the charges would not apply.
- Reckless driving was out of necessity: Defendants who had cause to drive recklessly might be able to avoid charges for the offense. For example, if there was a medical emergency, you were being forced to drive recklessly against your will, or otherwise had no other choice but to drive recklessly, this defense would apply.
Charges can also be reduced or dropped if the prosecution does not have enough evidence to prove the driving was reckless. Insufficient proof can occur when there are gaps in evidence and other challenges that weaken the opposing attorneys’ argument.
Other Types of Reduced Charges for a DUI in California
When someone faces DUI charges in California, there may be opportunities for their charges to be reduced, depending on the case’s facts and circumstances, the defendant’s history, and the strength of the prosecution’s evidence.
Common reduced charges that our criminal defense attorneys can negotiate in a DUI case include:
Wet Reckless
Someone facing a DUI charge could bargain their case down to a wet reckless driving charge under CA Vehicle Code § 23103.5.
Although individuals can accept a wet reckless plea bargain that is a lesser DUI charge under California law, they will still face consequences, including the suspension or revocation of their professional licenses.
It typically results in lower fines, shorter jail time, and a shorter DUI program than a full DUI conviction. However, it is still priorable as a DUI offense if the offender is arrested for another DUI within 10 years.
Dry Reckless
Unlike a wet reckless driving charge, a dry reckless conviction (reckless driving not involving alcohol under California Vehicle Code § 23103) does not carry mandatory DUI penalties such as mandatory suspension of your driver’s license.
However, it is not priorable as a DUI, meaning if the person is later convicted of a DUI, a dry reckless conviction does not count as a prior DUI.
Other lesser charges could be the prosecution reducing a DUI charge to a traffic violation or charging someone with exhibition of speed under California Vehicle Code § 23109(c) if they were speeding on a public road or participating in a speed contest.
Can a Reckless Driving Conviction Be Expunged?
Some criminal offenses can be deleted from a public criminal record. You may be eligible for a record expungement if you are convicted of reckless driving and you complete your probation or jail term. You also cannot have any pending charges against you when filing an expungement request.
Our DUI attorneys can advise if an expunction under CA Penal Code § 1203.4 is suitable for your situation. We can handle the legal process for you, including filling out the proper forms and petitioning the court.
Call Us for Help Today About Your Reckless Driving Charge
If you want to avoid the legal consequences of a DUI conviction in California, including county jail time and loss of your driving privileges, you can seek legal representation. You may be able to reduce the charges you face with a plea deal.
A Los Angeles DUI lawyer from our firm will advise you on how a reckless driving charge under CA Vehicle Code § 23103 could be in your best interests. Call or contact us online for a consultation. The sooner we hear from you, the sooner we can start working to protect your future and name.
