Reckless Driving—Vehicle Code 23103
There are two types of crimes relating to driving recklessly: Dry Reckless and Wet Reckless. This article discusses Dry Reckless. We also have an article discussing Wet Reckless.
What is a Dry Reckless?
Reckless Driving, also sometimes called “Dry Reckless” can be charged as a crime under Vehicle Code § 23103. According to the California Criminal Jury Instructions, in order to convict you of Reckless Driving, prosecutors must prove that:
- You drove a motor vehicle either on a highway or a parking lot open to the public free of charge, and
- You intentionally drove with wanton disregard for the safety of people or property.
You drove with “wanton disregard for safety” if you: (1) were aware that your actions presented a substantial and unjustifiable risk of harm, and (2) you intentionally ignored that risk. Note that the prosecutors need not prove that you intended to cause damage or cause harm to anyone—just that you didn’t care.
Speeding, all by itself, is not enough to prove Reckless Driving, but a jury may consider it when deciding whether or not you were driving recklessly.
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What is the maximum sentence I can receive for a Dry Reckless conviction?
In most situations, the crime of Reckless Driving is a misdemeanor where the sentence may include county jail for a minimum of 5 days and a maximum of 90 days. It may also include a fine of anywhere from $145 to $1,000. See VC § 23103(c).
However, if by driving recklessly you cause bodily injury to another person, your time in the county jail could be increased to no less than 30 days and no more than 6 months. See VC § 23104(a).
Reckless Driving may be filed as a felony if it results in any of the following types of injuries to another person:
- A loss of consciousness
- A concussion
- A bone fracture
- A protracted loss or impairment of function of a bodily member or organ
- A wound requiring extensive suturing
- A serious disfigurement
- Brain injury
- Paralysis
See VC § 23105(b).
As a felony, Reckless Driving is punishable by imprisonment in the state prison for anywhere from 16 months to 3 years. See VC § 23105(a).
How do I defend myself against Reckless Driving charges?
There are several defenses that apply to Reckless Driving charges. In order to know which defense would be the strongest and most helpful in your case, a careful review of the facts specific to your case is necessary. To help us develop your defense strategy, start working on your client homework.
One of the more common defenses in Reckless Driving cases is to attack the sufficiency of the prosecutor’s evidence, especially as relating to your state of mind and/or intent. As discussed above, the must prove that you had a “wanton disregard for the safety of others.” That is extreme language meant to describe extreme scenarios. It is not enough for the prosecutors to prove that you were negligent. Almost every single car accident involves simple negligence. It is not even enough for the prosecutors to prove gross negligence, which is simple negligence to the extreme. (People v. Allison (1951) 101 Cal.App.2d Supp. 932, 935.) Reckless Driving is appropriate only for the most extreme cases.
The prosecutors must also prove that you intended to drive in such a horrible way. There may be other facts that contributed to your driving that way that the prosecutors don’t know about. Did you have a medical condition beyond your control? Were you undergoing counseling or therapy for a mental health issue? Was there a mechanical problem with your car? These questions and many others must be answered so we can develop the most persuasive defense for you.
At Lounsbery Law Office, PC, we have successfully represented clients of Reckless Driving. We know the law. We know the steps to take to fight the allegations against you. To speak with an attorney about Reckless Driving charges, call 619-792-1451 or send us an email.