Lawmakers in California have set up multiple laws designed to punish dangerous drivers. California Vehicle Code Section 23103: Dry Reckless is an example of one of these laws used to charge drivers that endanger the safety of others.
Individuals in Los Angeles charged with reckless driving often face harsh penalties, including fines and time in jail. Despite its severity, VC 23103 is also sometimes used as a reduced charge for individuals accused of driving under the influence (DUI). Simmrin Law Group can provide you with information about the complicated uses of VC 23103.
VC 23103 as a Reduced DUI Charge
DUI accusations are serious criminal charges that can cost a driver their license while leading to high fines and a jail sentence. The court system uses California Vehicle Code Section 23152 to prosecute drunk driving.
In some cases, a prosecutor may offer reduced charges as part of a plea bargain. VC 23103 is one of the common reduced charges offered in this situation. Be aware that a dry reckless charge is usually only offered if a driver’s BAC was close to the legal limit of 0.08. Drivers with a high BAC are unlikely to be offered reduced charges.
A dry reckless charge can benefit drivers because it is not treated as “priorable” by the state. This means that a dry reckless charge will not count against a driver if they are later arrested for a DUI.
For a free legal consultation with a lawyer serving California, call (310) 896-2723
Reckless Driving as a Criminal Charge
Drivers in Los Angeles can also face criminal charges for reckless driving. Criminal reckless driving occurs when a driver shows wanton disregard for the health of other people while operating a motor vehicle. Drivers may face VC 23103 charges while operating a vehicle:
- On a Highway
- In an Off-Street Parking Facility
Drivers can be charged under VC 23103 even if they don’t intend to hurt anyone. Examples of actions that can result in a reckless driving charge include:
- All Forms of Daredevil Behavior
- Swerving Repeatedly
- Speeding Excessively or Racing
- Demonstrating Road Rage
- Illegally Passing Other Vehicles
- Driving on a Sidewalk or the Wrong Way on a Road
Criminal Defense Lawyer Near Me (310) 896-2723
Penalties for Reckless Driving in Los Angeles
Individuals convicted of a dry reckless charge can face the following penalties:
- Jail Time: Up to 90 Days
- Fines: Up to $1,000
- Probation: Up to 2 Years
These penalties can seem serious, especially considering that drivers will also have 2 points added to their license if they are convicted under PC 23103. However, a first-time DUI conviction can lead to:
- Jail Time: Up to 6 Months
- Fines: Up to $2,000
- License Suspension: Up to 1 Year
Drivers convicted of a DUI also must complete an alcohol treatment program, and their offense can be used against them if they are accused of another DUI in the future. These differences are sometimes used to influence drivers to accept a dry reckless charge as part of a plea bargain agreement.
Click to contact our California Vehicle Code today
Examples of Reckless Driving / Dry Reckless
Driver A gets behind the wheel while in the mood to race. She speeds around town, runs a red light, and jumps a curve to pass a slow-moving vehicle. A police officer pulls her over and charges her with reckless driving for wantonly putting other drivers in danger.
Driver B has a few drinks at a party and then gets in his car. He drives home, operating his vehicle erratically, and a police officer pulls him over. His BAC is right at the legal limit, and his lawyer encourages him to accept a dry reckless charge when the prosecution offers it as part of a plea bargain.
Complete a Free Case Evaluation form now
Dry Reckless / Reckless Driving and Criminal Defenses
Many drivers do not want to defend against a dry reckless charge. Instead, they accept the charge to avoid harsher penalties for a DUI.
However, drivers accused of reckless driving for endangering others may want to fight against these charges. A Los Angeles criminal defense lawyer may be able to argue that the driver did not wantonly disregard the safety of others.
How Can a Criminal Defense Lawyer Help with a Dry Reckless Charge?
A California criminal defense lawyer can assist you in several ways. First off, seek a firm that’s experienced. Research their case results and make note of their previous successes. Before jumping in and hiring a lawyer, it’s best to know about their track record.
Similarly, check and see if they provide free case evaluations. During this phase, you can speak with a firm and gauge if they would be a good fit for your case.
These are some of the ways that a California criminal defense lawyer could help you with a traffic offense, like a dry reckless:
Attempt to Disregard Evidence
Evidence is the core of dry reckless and DUI charges. Without sufficient evidence, a prosecutor can’t effectively argue that a defendant should be convicted of a crime. A criminal defense lawyer can employ these methods to reduce the amount of evidence prosecutors have to work with:
- Suggest that the provided DUI test is inadmissible
- Show that evidence was wrongly obtained
- Argue that your DUI test was unfairly administered
- Use evidence to show that the lab didn’t handle your test correctly
Review the Terms of Your Plea Deal
As noted previously, dry reckless are often used in plea deals. This means that instead of receiving a DUI, a defendant can opt for dry reckless provided they plead guilty. Taking this route confers several benefits, including:
- Your case won’t proceed to trial
- You usually receive a lesser license suspension
- You can avoid jail time in some cases
However, not all plea deals are created equally. The prosecution’s goal is to convict you of a crime. They could be bluffing when they offer you a plea and make it seem like your case is weaker than it is.
Plea deals, while beneficial to some, aren’t always the best outcome for a case. If you have strong evidence, it may be possible to proceed to and win a trial. A criminal defense lawyer can advise you on this process. They can review the terms of your plea deal and tell you what your best options are. If the prosecution has offered you a bad plea deal, a criminal defense lawyer will likely know.
Advise You on Working with a Lawyer
Sometimes, it doesn’t make sense to hire a lawyer. In cases that don’t involve injuries or have a preponderance of the evidence against you, you may be better off working with a public defender (PD). Los Angeles offers PDs to those who don’t want to work with a private attorney.
Know that PDs usually have less time for you, though. PDs are known for having to deal with enormous caseloads, which often means they can’t dedicate as much energy to the case as they would like.
In the end, the decision is yours, but speaking with a private attorney could help you make this decision. You can ask them questions like:
- Does it make sense to hire a lawyer for my case?
- What are your rates?
- Do you work on an hourly basis or offer a flat fee?
These questions, among others, can inform your decision. Without speaking with a private lawyer, it’s difficult to get the complete picture. They can provide previously unobtainable insight into your choice of whether to hire a lawyer or not.
Get Legal Help with Dry Reckless / Reckless Driving Charges
Simmrin Law Group understands how difficult it can be to understand California Vehicle Code Section 23103: Dry Reckless. We offer a FREE initial case evaluation so you can get prompt legal advice about reckless driving. You can learn more about how a dry reckless charge can affect you by calling us or filling out our online contact form.
Call or text (310) 896-2723 or complete a Free Case Evaluation form