CA Vehicle Code (VC) Section 23103,Driving Offenses, warns, “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.”
This charge also includes the reckless driving in an “off-street parking facility.”
What Is Reckless Driving?
Sometimes, it is more crucial to determine what does NOT constitute reckless driving.
A driver might face other violations alongside reckless driving, such as speeding, engaging in a street race, speed contest, or exhibition of speed. However, speeding alone, regardless of how excessive it is, does not constitute reckless driving.
CA VC Section 22350, Speed Laws, the fundamental speed law for the state, states, “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent…” given the weather and road conditions.
You can find various articles online that link speed and reckless driving in California. Some suggest 15 mph over the speed limit, while others claim 25 mph over the posted speed limit constitutes reckless driving. These were obviously not written by traffic attorneys. The fact is that these are two very different and distinct charges.
That precedent was set in 1937, stating, “Speed in itself and alone is not sufficient to establish willful misconduct.”There must be other factors demonstrating a willful disregard for safety.
Some people, including certain law enforcement officers (LEOs), consider speeding over 100 mph to be reckless driving. However, a CA Superior Court judge or a jury of your peers, if the charge is a misdemeanor or felony, are the only ones who can determine your guilt.
What Are the Penalties for a Reckless Driving Conviction?
First, if you are charged with reckless driving, your vehicle could be impounded, which can be very costly. You should contact a traffic attorney immediately; the longer your car remains impounded, the more it will cost.
Second, if convicted of reckless driving, the base fine could range from $145 to $1,000, plus county and state penalties, assessments, and additional fees, which could make the fine up to five times higher than the base amount, or about $2,500.
You could face five to ninety days in the Kern County jail or both fine and jail time or probation for up to two years.
Finally, you should exercise your “right to remain silent” until you speak with a traffic attorney with experience in criminal cases.
Consult with Bigger & Harman About Reckless Driving
When you need legal assistance with a reckless driving charge in Kern County, contact the office of Bigger & Harman, APC, at (661) 349-9300. Se habla Español (661) 349-9755.
Also, try our simple-to-use online contact form or email attorney@biggerharmanlaw.com. Send a picture or scanned copy of your citation with a summarized explanation of the stop.
References:
CA VC Section 23103, Driving Offenses
The CA Driver Handbook English y Español.
The Bankrate.com article, Average cost of car insurance in California for 2024.