In California, a conviction for reckless driving is considered a misdemeanor traffic violation. However, you could still face severe consequences. This infraction has serious penalties, including points on your license. Additionally, you can go to jail for reckless driving in California. A Los Angeles reckless driving lawyer from Simmrin Law Group can build your defense.
Even a first offense could negatively impact your life. However, previous convictions or an injury could make the punishment exponentially worse. Learn more about California’s penalties for reckless driving and what you should do next.
What Constitutes Reckless Driving in California?
According to California Vehicle Code 23103, reckless driving in California occurs when someone drives a vehicle either on a highway or in parking facilities off the street with intentional or wanton disregard for the well-being of:
- Other people
- Property
California considers the highway to be any publicly maintained area where the public can travel in motor vehicles. This includes streets of varying sizes and private property. Parking facilities off the street include any area for parking that is open to public use.
Drivers demonstrate wanton disregard when they know that their actions come with a substantial and unjustifiable risk of harm, and they ignore that risk. A Los Angeles traffic violation lawyer can help if you are facing an infraction for reckless driving.
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Behaviors Leading to a Reckless Driving Charge
Be aware that getting a speeding ticket in California does not necessarily equal reckless driving. The court will look at your circumstances at the time you were charged when deciding if you drove recklessly or not. Some common examples of actions seen as reckless driving include:
- Racing
- Passing illegally
- Driving on the sidewalk
- Swerving across lanes repeatedly
- Engaging in daredevil behaviors
- Right hand lane violation
- Driving on a road going the wrong way
A Los Angeles speeding ticket lawyer can help if you face a traffic infraction involving speeding. Keep in mind that excessive speeding can leave you facing felony charges for reckless driving or even illegal racing. Either way, we can work to reduce the penalties you may face.
Penalties for Reckless Driving
A reckless driving conviction can carry serious consequences. If you are convicted of reckless driving in California, you may get points on your driver’s license and increased auto insurance rates. Additional penalties include:
- Five to 90 days in county jail
- $145 to $1,000 in fines
- Up to two years of probation
You may face higher charges if you have previous convictions for reckless driving or if someone is injured due to your actions. CA Vehicle Code Section 23105 addresses reckless driving that causes serious bodily harm.
These charges may also be increased if you are charged with driving recklessly in a way that will likely lead to bodily injury. This may lead to an assault with a deadly weapon charge, which can carry a sentence of two to four years in a state prison.
Additionally, if you are charged with alcohol-related reckless driving or reckless driving involving alcohol, you could face an additional one to two years of probation and mandatory completion of a substance abuse or alcohol education program.
Can You Lose Your License for Reckless Driving?
Your license may be suspended even if the Department of Motor Vehicles (DMV) chooses not to take such a step. The court system in California can suspend your license for the following lengths of time:
- 1st reckless driving conviction: Up to 30 days
- 2nd reckless driving conviction: Up to 60 days
- 3rd reckless driving conviction: Up to six months
Driving on a suspended license is illegal in California and can lead to additional repercussions. If your license is suspended for reckless driving and you drive anyway, you may spend up to six months in jail. You could also be required to pay a fine of up to $1,000.
These penalties depend on the court’s judgment and can vary based on your sentence. In addition to the actions of the court, you may have to face a hearing with the DMV if charged with reckless driving. A Los Angeles driving on a suspended/revoked license lawyer can work to reduce your sentence.
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How Many Points Will Be Added to Your License for Reckless Driving?
Reckless driving carries a base penalty of two points on your license. The DMV automatically takes away the driving privileges of negligent Class C drivers who reach certain point levels of their license.
Your privileges may be revoked if you get:
- Four points in 12 months
- Six points in 24 months
- Eight points in 36 months
The DMV can also completely revoke your driving privileges in some cases of unsafe driving. Getting an experienced lawyer to assist your case may help minimize your chance of losing.
Can You Be Arrested for Reckless Driving?
You can be arrested for reckless driving in California. If you are speeding 15 mph over the posted limit, a police officer may pull you over and issue you a moving citation or arrest you for reckless driving. If you are racing or doing anything dangerous, the police are more likely to arrest you.
If your arrest does not result in a conviction, Penal Code section 851.91 may allow you to seal your case. A reckless driving lawyer can assist you in that endeavor.
Can the Court Impound Your Car?
Your car may be impounded by the police if they arrest you for reckless driving. Your vehicle may be held for no more than 30 days in this situation. In addition to losing your method of transportation, you will also have to pay any fees related to your vehicle being impounded.
How Long does Reckless Driving Stay on Your Record?
The number of points you are assigned will determine how long a reckless driving conviction remains on your record. It may take as long as ten years for the points to be removed.
Attending an approved traffic school may allow you to avoid points entirely. However, a criminal conviction will remain on your criminal record. This is an important consideration if you are thinking about pleading guilty to reckless driving.
Can You Avoid Going to Jail for Reckless Driving in California?
A reckless driving conviction can result in 90 days behind bars. That doesn’t mean that jail time is mandatory. You may be able to avoid jail time for reckless driving with:
- Probation
- Traffic school
- Community service
If no one was hurt and you didn’t cause any property damage, you are more likely to avoid jail time. With the help of a lawyer, your charges may be reduced or dismissed.
Going to Jail for Reckless Driving in California Can Have Personal Consequences
Aside from having a reckless driving charge on your record, going to jail can have lasting effects on your personal and professional life. You may lose your job, a professional license, or admittance to an academic institution.
Your personal life can suffer, as well. You may experience a falling out with friends, family, or colleagues. Take your defense seriously so that you may avoid going to jail for reckless driving in California.
How Should You Handle a Reckless Driving Charge?
You may defend yourself against reckless driving charges in court by proving your actions were necessary in your circumstances. This requires you to show that you believed there was an emergency that you did not cause. You must also show that this emergency was a threat to you or another individual.
Some individuals also use the defense that they were not driving at the time of the charge. This requires the prosecutor to prove that you were in the driver’s seat, something that may be difficult if you have an experienced attorney on your side. Getting in touch with a Los Angeles criminal defense attorney from Simmrin Law Group as soon as possible may help improve your chances in court.
Call Simmrin Law Group to Determine if You Can Go to Jail for Reckless Driving
Whether you are facing a traffic infraction or a misdemeanor or felony charge for reckless driving, start working on your defense immediately. You don’t have to do it alone. You have the right to legal representation.
Our reckless driving lawyers in Los Angeles can explore different defense strategies for your case. Then, we can work to have your sentence reduced or dismissed.
Call us today to begin your free initial consultation. You can reach us any time or day to discuss your reckless driving case. We can explain more about how our criminal defense attorneys can help.
Call or text (310) 896-2723 or complete a Free Case Evaluation form