Like many traffic violations, preventing a misdemeanor conviction for reckless driving starts with developing a habit of defensive driving and not responding to aggressive driving actions by others.
How many times have we witnessed someone retaliating against someone else’s aggression get caught and punished? Many of our clients have told us that they were simply responding to being cut off or some other form of aggressive driving.
As the saying goes, “An ounce of prevention…”
What Is Reckless Driving in California?
Reckless driving refers to several driving conditions, such as speeding, road rage, racing, brake-checking, and other severe or dangerous actions.
Unlike many other traffic violations, reckless driving cannot be strictly defined or characterized, as it might address a driver’s actions in combination with their mental state.
However, CA Vehicle Code (CVC) Section 23103(a), Reckless Driving, defines reckless driving as:
“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.”
The phrase “willful or wanton disregard” is critical to a driver’s defense against a reckless driving misdemeanor charge.
Although not strictly applied, it could also include an exhibition of speed or speed contest. These illegal driving acts are covered by a separate CVC, 23109, Public Offenses, which classifies and discusses street racing.
Exhibitions of speed/street racing could be the intentional act of driving recklessly, while driving above the speed limit in a contest, or a simple act to impress others, such as squealing tires or doing burnouts.
These traffic laws are similar and many law enforcement officers (LEO) are not familiar with every CVC. Getting charged under the wrong code will not automatically lead to a dismissal. Sometimes even the prosecutor and judge may not recognize the flaws in the charge.
How To Defend Against Reckless Driving Charges
Preventing a reckless driving misdemeanor conviction is essential for your future.
Our defense attorneys analyze the evidence to build a strong personalized defense for you. Every situation on U.S. Route 101 or even within cities like Lompoc, Goleta, and Carpinteria is unique.
We must consider the following situations to help secure a reduced charge or acquittal:
- Emergency Situations: You might have been forced to drive fast to reach a hospital quickly. We gather documentation to prove you acted only to prevent a greater disaster. Explaining a true crisis helps the judge understand why you broke the law.
- Lack of Intent or Willful Disregard: Most traffic courts require the State to prove that you meant to cause harm. We aim to show your actions were unintentional rather than intentionally dangerous. Proving a lack of wanton disregard could help lower your specific charges.
- Mistaken Identity: Police sometimes pull over the wrong vehicle in heavy Santa Barbara County traffic. We check if the officer actually saw you behind the wheel during the incident. Proving someone else was driving is a powerful way to win your case.
It is the State’s responsibility to prove that your actions were a “willful or wanton disregardfor the safety of persons or property...”
A traffic ticket defense attorney’s mission is to raise the level of “reasonable doubt” sufficient to obtain an acquittal. We do that by gathering the facts and building a strong defense based on those facts.
Why Choose Bigger & Harman, APC?
Choosing the right legal representation makes a significant difference. We understand the high stakes of a misdemeanor charge. Our team provides an aggressive defense for every client.
- In-Depth Knowledge: We maintain a deep understanding of evolving California vehicle codes and court rules. Our strategies stay current to give you the best chance at a reduction or acquittal.
- Proven Track Record: We have protected countless Santa Barbara County drivers from the weight of criminal traffic charges. Our firm’s past results reflect our commitment to excellence through knowledge and experience in the courtroom.
- Comprehensive Case Evaluation: What were the traffic conditions on that road? What did the dashcam show? Was the officers equipment and technique used to determine speed following procedure and the law? We treat these cases seriously.
- Client-Centered Approach: You will never feel alone or unaware while we handle the complex California legal system. We provide clear updates and seek to answer every concern you have about your case. Our team treats every client with respect and personal attention.
Contact us for a consultation that is always free and without obligation.
Consult Bigger & Harman About Preventing a Misdemeanor Conviction for Reckless Driving
Drivers should consult a traffic ticket defense attorney immediately after exercising their “right to remain silent and to have an attorney present during questioning” after an arrest.
Reckless driving is a misdemeanor, a criminal offense that could stay on your driving record for ten years and your criminal record for life if convicted. It can lead to jail time or long periods of probation.
You may also face a massive fine and two NOTS points, which will likely lead to an extreme insurance increase.
Don't leave your future to chance. Call Bigger & Harman today at (661) 349-9300 for a free consultation. Para Español, marka 859-1177
Or email us at attorney@biggerharmanlaw.com. Use our secure online form to contact us for an appointment.
Far too often in traffic incidents, drivers try to explain away their ticket on the side of the road, but wind up handcuffing their attorney by incriminating themselves. Call us before providing a statement.
❓ Frequently Asked Questions (FAQ) Section
Q: What are the consequences of a reckless driving misdemeanor conviction?
A: A misdemeanor conviction includes a base fine of between $145 and $1,000. However, when State and County penalties, assessments, and surcharges are added, it could be three to five times that amount. You also face up to 90 days in jail or even longer in probation time.
Q: Will my license be suspended for a misdemeanor reckless driving conviction?
A: It typically depends on the circumstances. The court can order a suspension of driving privileges. This situation is especially true if someone was injured during the incident. We will fight to maintain your driving privileges and avoid a suspension.
Q: If arrested for reckless driving will my vehicle be impounded in Santa Barbara County?
A: CVC Section 23109, Driving Offenses authorizes law enforcement to immediately arrest a driver and impound their vehicle for speed contests, exhibitions of speed, and AB-3, Fong. Exhibition of Speed on a Highway allows vehicle impounds.
References:
CVC Section 23103, Reckless Driving.
AB-3, Fong. Exhibition of Speed on a Highway.
The California Department of Justice.
The Bankrate.com article, Average cost of car insurance in CA for 2026.