Understanding California’s Reckless Driving Charges: Consequences and Defenses
Posted on September 28, 2023 by John
Reckless driving is a serious offense in California and many other states across the US. Under California’s Vehicle Code 23103 is classified as a misdemeanor and can lead to serious penalties if convicted. It is defined as the operation of a motor vehicle with willful or wanton disregard for the safety of persons or property. In other words, it is driving with a disregard for the safety of others or property.
Reckless driving can involve a variety of behaviors, including excessive speed, running stop signs or red lights, weaving in and out of traffic, and other dangerous maneuvers. It can also include operating a vehicle while under the influence of drugs or alcohol.
What is the Standard of Proof for Reckless Driving?
To prove that a person is guilty of reckless driving, a prosecutor must prove beyond a reasonable doubt that the defendant acted with a disregard for the safety of others or property. This means that the prosecutor must provide evidence that the accused was driving in a manner that showed a conscious disregard for the safety of others.
Possible Reckless Driving Charges Defenses
There are several defenses available to a person charged with reckless driving. These defenses can vary depending on the facts of the case, but some of the most common defenses include:
- Lack of Intent. One of the most common defenses to reckless driving is to show that the accused did not have the intent to act dangerously. This can be done by showing that the accused was not aware of the potential danger of the actions they were taking or that the actions were not done with the intent to cause harm.
- Necessity. Another defense to reckless driving is to show that the accused was in a situation where they had to act in a manner that would otherwise be considered reckless but was necessary to avoid greater harm. For example, if a person was forced to speed to avoid an accident, this could be considered a valid defense to a reckless driving charge.
- Mistake of Fact. Another possible defense to reckless driving is to show that the accused was acting on a mistake of fact. For example, if a person thought their speed was below the speed limit when it was actually above the speed limit, this could be a valid defense.
- Entrapment. Entrapment is another possible defense against reckless driving. This defense can be used if the accused can show that they were tricked or pressured into taking a specific action by a law enforcement officer.
What are the Consequences of a Reckless Driving Conviction?
A conviction for reckless driving can have serious consequences, including fines and jail time. The fines for reckless driving can range from $145 to $1000, depending on the seriousness of the offense. Moreover, a conviction for reckless driving can also result in the suspension of one’s driver’s license and the accused’s vehicle impounded for 30 days.
In addition to the fines and jail time associated with a reckless driving conviction, the consequences can also include an increase in auto insurance premiums, difficulty finding employment, and difficulty obtaining loans or credit.
How Can I Fight a Reckless Driving Charge?
If you have been charged with reckless driving, it is essential to contact an attorney experienced in reckless driving charges defense as soon as possible. An attorney can review the facts of your case and develop a reckless driving charges defense strategy that is tailored to your unique situation. Depending on the facts of the case, your attorney may be able to negotiate a plea agreement with the prosecutor or take your case to trial.
In some cases, it may be possible to reduce the charge to a lesser offense such as a wet reckless or a dry reckless. A wet reckless is a lesser charge that involves alcohol or drugs, while a dry reckless is a lesser charge that does not involve alcohol or drugs. Depending on the facts of your case, these lesser charges may be available.
The Legal Help You Need
At the Law Office of David Leicht, we understand the complexity of reckless driving charges. We are well-versed in the laws and regulations governing driving offenses in California and understand how to effectively defend against these charges. Our firm is committed to providing clients with the highest standard of legal representation, and we strive to ensure our client’s rights are protected throughout the legal process.
When you choose The Law Office of David Leicht for your reckless driving charges defense, you can rest assured that you are receiving skilled legal representation from an experienced attorney. Our firm is dedicated to providing clients with knowledgeable and personalized legal representation, and we take the time to ensure that every client’s case is fully evaluated and their rights are protected throughout the process.
If you are facing reckless driving charges, don’t wait any longer—contact the Law Office of David Leicht at (760)-256-3104 or use the online form to set up a free consultation and put the power of an experienced attorney on your side.
Serving Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, Wrightwood, and the surrounding California communities.
534 Barstow Road
Barstow, CA 92311
