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Reckless Driving (VC 23103)

Reckless Driving Tickets

 

Reckless Driving in California

Reckless driving is a serious traffic violation that carries 2 points, however, our lawyers here at California Traffic Tickets can win your reckless driving violations!  Call us for a free quote at 844-999-9987  We specialize in these type of citation and will be able to dismiss or reduce your reckless driving ticket.

California Vehicle Code 23103
 (a) ( )1 A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.  (b) (2) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.  (c) Persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.  

Reckless Driving: Bodily Injury

  1. (a) Except as provided in subdivision (b), whenever reckless driving of a vehicle proximately causes bodily injury to ( )1 a person other than the driver, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both the fine and imprisonment.  (b) ( )2 A person convicted of reckless driving that proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to ( )1 a person other than the driver, who previously has been convicted of a violation of Section 23103, 23104, 23105, 23109, 23109.1, 23152, or 23153, shall be punished by imprisonment in the state prison, by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000) or by both the fine and imprisonment.

Reckless Driving: Specified Injuries

  1. (a) A person convicted of reckless driving in violation of Section 23103 that proximately causes one or more of the injuries specified in subdivision (b) to a person other than the driver, shall be punished by imprisonment in the state prison, or by imprisonment in a county jail for not less than 30 days nor more than six months, or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.  (b) This section applies to all of the following injuries:
  2. A loss of consciousness.
  3. A concussion.
  4. A bone fracture.
  5. A protracted loss or impairment of function of a bodily member or organ.
  6. A wound requiring extensive suturing.
  7. A serious disfigurement.
  8. Brain injury.

(c) This section does not preclude or prohibit prosecution under any other provision of law.

 

WHAT WILL THE COURT CONSIDER WHEN LOOKING AT YOUR CHARGES:

  • Factors. Courts weigh a number of factors when determining what constitutes reckless driving. These include the time of day, the weather conditions present, the presence of other people or animals, the qualities of the vehicle, a driver’s familiarity with the area, as well as numerous other factors.
  • Beyond negligence. Reckless driving is more than simply making a mistake or being negligent while driving. A driver has to act willfully and with an active disregard for safety. However, a prosecutor does not have to necessarily show the driver’s mental state at the time. It’s enough for the prosecution to show that the circumstances surrounding the event either caused the driver to know, or the driver should have known, that the driving was not safe.
  • Safety risk. While reckless driving necessarily involves a heightened amount of danger to other people, a prosecutor does not have to show that other people were actually placed in harms way. Reckless driving can occur even if no one else is on the roadway or there is no accident. It’s enough for drivers to endanger their own lives or risk the lives of others.

 

Consequences of Reckless Driving

 

Reckless driving may sound minor, but the consequences can be much more serious than the consequences of an infraction such as a speeding ticket. California Vehicle Code 23103, reckless driving is a misdemeanor charge carrying imprisonment for five to 90 days, a fine of $145 to $1,000, or both. If someone was hurt or killed as a result of the reckless driving, or if you have a prior reckless driving conviction on your record, those penalties can increase. In addition, the DMV will put two points on your driver’s license and may count a conviction against you in any future license suspension hearing or other legal proceeding. Your automobile insurance may be cancelled or the premium dramatically increased after a conviction for reckless driving.

Prosecution of California Vehicle Code 23103 Charges

To prove the defendant is guilty of reckless driving under Vehicle Code 23103, the prosecution must prove that:

  1. The defendant drove a vehicle (on a highway/in an off street parking facility);AND
  2. The defendant intentionally drove with wanton disregard for the safety of persons or property.

A person acts with wanton disregard for safety when (1) he or she is aware that his or her actions present a substantial and unjustifiable risk of harm, and (2) he or she intentionally ignores that risk. The person does not, however, have to intend to cause damage.

 

Reckless Driving Causing Bodily Injury –  California Vehicle Code 23104

To prove that the defendant is guilty of this crime under Vehicle Code 23104, the People must prove that:

1. The defendant drove a vehicle (on a highway/in an off-street parking facility);

2. The defendant intentionally drove with wanton disregard for the safety of persons or property; AND

3. Proximately causes bodily injury to a person other than the driver.

A person acts with wanton disregard for safety when (1) he or she is aware that his or her actions present a substantial and unjustifiable risk of harm, and (2) he or she intentionally ignores that risk. The person does not, however, have to intend to cause damage.

The term highway describes any area publicly maintained and open to the public for purposes of vehicular travel, and includes a street.

An off-street parking facility is an off-street facility open for use by the public for parking vehicles. It includes a facility open to retail customers, where no fee is charged for parking.
Traffic Clinic attorneys  are experienced and will be able to handle your reckless driving case without you even having to appear in court!    Save the stress from dealing with your Reckless Driving Misdemeanor Charge and let us take care of it for you today! Call

 

 

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