Kern County Reckless Driving Lawyer

Defending Reckless Driving Citations in California

Reckless driving can refer to a multitude of things, such as speeding, racing, road rage, and other dangerous behaviors. Unlike most traffic laws, reckless driving is not as strictly defined, as it has to do more with a person’s actions in conjunction with their mental state. 

However, California generally defines reckless driving as:

"The intentional disregard for the safety of others, or their property, while displaying an overall disregard for the rules of the road."

This also applies to an exhibition of speed, which can also be classified as street racing. Exhibitions of speed are defined as intentionally driving recklessly at a high rate of speed in general, in a contest, or in order to impress another individual.

What are the Penalties For Reckless Driving in California & Kern County Courts?

Reckless driving is usually charged as a misdemeanor offense, which accompanies a fine that is up to $2,500 as well as up to 2 years of probation and/or up to six months in prison.

A reckless driving charge comes with 2 to 8 points added onto your license, depending on the situation, and will likely result in an increase in car insurance.

It is also important to be aware that at times a judge or officer might impose stricter regulations, such as the impounding of your car for up to 30 days and/or the loss of license for a period of up to six months.

In addition to court penalties, the California DMV will review a reckless driving conviction and may take separate action against your driving privilege. For example, multiple points on your record can trigger a negligent operator suspension, which is especially serious for commercial drivers who rely on their license for work. In Kern County, cases from courts such as Bakersfield or Lamont can quickly impact your record statewide, so it is important to understand how one conviction can affect your ability to drive in the long term.

When is Reckless Driving a Felony?

While many times reckless driving is seen as a misdemeanor offense, it can also be classified as a felony offense if certain conditions are met. In particular, if injuries are inflicted upon another, and they fall under a certain category of injury, one might be subject to a felony charge. 

These injuries include:

• Concussions
• Loss of consciousness
• Bone fractures
• Brain injuries
• Paralysis

These felony charges come with the added penalty of up to 16 months to 3 years in jail. This is referred to as a “wobbler” because a judge can choose to charge someone with a felony or a misdemeanor in these cases.

Because wobbler offenses give prosecutors and judges significant discretion, how your case is presented early on can influence whether it is pursued as a misdemeanor or a felony. In Kern County, serious injury crashes on highways like Highway 99 or I-5 may draw closer scrutiny from law enforcement and the district attorney, especially if multiple vehicles or pedestrians are involved. Providing documentation about your driving history, employment, and any steps you have taken since the incident can be helpful when your attorney is advocating for a reduced level of charge.

Felony reckless driving convictions can also carry collateral consequences that go beyond jail or prison time. You may face longer license suspensions, more intensive probation conditions, and challenges with professional licensing or background checks. For commercial drivers, a felony traffic conviction can put a career at risk, so working with a reckless driving lawyer in Kern County who understands both the criminal and DMV sides of your case can be important to protecting your future.

Understanding the Long-Term Impact of Reckless Driving Charges

Facing a reckless driving charge can be daunting, not just because of the immediate legal repercussions, but also due to the long-term implications it may have on your life. At Bigger & Harman, APC, we believe it is essential for our clients to understand how these charges can affect various aspects of their future.

Here are some critical factors to consider:

• Insurance Premium Increases: A reckless driving conviction can lead to significantly higher auto insurance rates, sometimes doubling or tripling your current premiums.
• Employment Opportunities: Certain professions require clean driving records. A conviction may limit your job prospects or even result in job loss.
• Personal Reputation: Legal troubles can affect your standing in the community and relationships with family and friends.
• Future Legal Issues: A reckless driving conviction may lead to more severe penalties for future traffic violations, making it crucial to address the current charge effectively.

How California Reckless Driving Laws Apply in Kern County Courts

In Kern County, cases may be heard in Bakersfield, Lamont, Delano, Mojave, or other local courts, each with its own procedures and expectations. The law allows officers and prosecutors to use their judgment when deciding whether conduct is careless, negligent, or rises to the level of reckless. Understanding how local law enforcement and judges typically view certain driving behaviors can be important when you are deciding how to respond to a citation.

For example, a high-speed incident on Highway 58 or I-5 might be treated differently than an alleged exhibition of speed on a residential street in Bakersfield. Some courts may be more willing to consider reduced charges if there was no accident, no passengers, and a clean prior record, while others focus heavily on the specific roadway and traffic conditions. Because Bigger & Harman, APC, practices only traffic law and appears frequently in Kern County courts, we know the practical differences between arguing a case in one venue versus another and can explain how those differences may affect your options.

Reckless driving cases can also overlap with other California Vehicle Code sections, such as speed contests, DUI, or license-related violations. When more than one charge is filed, the strategy for handling the case can become more complex. We take the time to review the full citation, police report, and any associated DMV issues so we can help you understand how the pieces fit together. That way, you are not just reacting to a single count on your ticket but making informed choices about your overall driving record and future.

How To Defend Against Reckless Driving Charges

While every case is unique, some common defenses against reckless driving charges may include:

• Lack of Intent or Willful Disregard: Reckless driving often requires a willful or wanton disregard for the safety of others. If you can demonstrate that your actions were not intentional or that you did not exhibit a willful disregard for safety, it may help your case.
• Emergency Situations: If you can prove that you were responding to an emergency or taking evasive action to avoid a serious accident, it may be a valid defense. Make sure you can provide evidence supporting the existence of an emergency.
• Mistaken Identity: If there is a chance of mistaken identity, you may be able to argue that you were not the person responsible for the reckless driving behavior.
• Challenging Evidence: We may challenge the evidence presented against you. This could include questioning the accuracy of radar or speed gun readings, the credibility of witnesses, or the legality of the traffic stop.
• Procedural Errors: If there were procedural errors at the time of the traffic stop or arrest, such as the lack of probable cause, your attorney may use this as a defense.

What To Expect When You Hire Bigger & Harman, APC

After we have a clear picture of your situation, we explain your options in plain language so you can make informed decisions. In many Kern County reckless driving cases, we are able to appear in court on your behalf, which means you may not need to take time off work or travel back if you were just passing through the area. Throughout the case, we keep you updated on court dates, offers from the prosecutor, and any rulings from the judge so there are no surprises. Our goal is to handle the legal heavy lifting while you continue with your daily life.

We use a flat-fee structure for traffic cases, so you know your legal costs upfront and can weigh them against the potential long-term impact of a reckless driving conviction on your insurance and license. Because we have handled thousands of traffic tickets across California, including high-stakes violations such as 100+ mph and misdemeanor reckless driving, we can draw on that experience when evaluating your case. We also offer evening and weekend availability and can communicate in Spanish if that is more comfortable for you, which helps ensure that every client gets the information and support they need.

Frequently Asked Questions

Is Reckless Driving Worse Than a Regular Speeding Ticket?

Reckless driving is more serious than a standard speeding infraction because it is usually filed as a misdemeanor criminal charge. A simple speeding ticket typically results in a fine and points, while a reckless driving conviction can involve probation, possible jail time, and more significant insurance and licensing consequences. The exact impact depends on your record and the facts of the incident.

Will I Have To Appear in Court for a Reckless Driving Case?

In many reckless driving cases, a court appearance is required, especially because the charge is often a misdemeanor. However, in some situations an attorney can appear on your behalf and handle the hearings without you being present. Whether you must personally attend will depend on the courthouse rules, the specific charges, and how the case is being handled.

Can a Reckless Driving Charge Be Reduced to a Lesser Offense?

It is sometimes possible for a reckless driving case to be reduced to a different traffic offense, particularly when there was no collision or injuries and the driver has a clean record. Prosecutors may consider factors like your speed, driving behavior, cooperation with law enforcement, and any mitigating circumstances. Each case is evaluated individually, so outcomes can vary from one situation to another.

How Long Will a Reckless Driving Conviction Stay on My Record?

A reckless driving conviction can remain on your criminal record and driving record for several years. On the driving record, points from a conviction are usually considered by the DMV and insurance companies for a set period of time, which can affect your premiums and risk of suspension. The criminal record aspect may show up on background checks unless it is later eligible for and granted relief under California law.

Why Choose Bigger & Harman, APC, for Your Reckless Driving Defense?

When facing reckless driving charges, the stakes are high. Choosing the right legal representation can make all the difference in the outcome of your case. At Bigger & Harman, APC, our experienced attorneys understand the complexities of California traffic laws and are committed to providing you with personalized, aggressive defense strategies tailored to your unique situation.

Here is what sets us apart:

• Proven Track Record: Our team has successfully defended countless clients against reckless driving charges, achieving favorable outcomes that protect their rights and futures.
• In-Depth Knowledge: We stay updated on the latest changes in traffic laws and legal precedents, ensuring that our defense strategies are informed and effective.
• Client-Centered Approach: We prioritize open communication and transparency, keeping you informed at every step of the legal process and answering any questions you may have.
• Comprehensive Case Evaluation: We conduct thorough investigations to gather evidence, interview witnesses, and build a strong defense that addresses all aspects of your case.
• Flexible Payment Options: We understand that legal fees can be a concern, which is why we offer various payment plans to accommodate your financial situation.

Contact Our Kern County Reckless Driving Lawyers Today

At Bigger & Harman, APC, we understand that ticket violations can happen any time of the day or night and it is because of this that we are always available for our clients. Reckless driving in particular is an extremely obscure charge that depends on the situation of the incident, determining the penalties that range in severity. 

When you reach out to our office, we will review the details of your stop, any collision report, and your driving history so we can give you a realistic picture of what you are facing. We also explain how the court process works in the specific Kern County courthouse assigned to your case and what steps we can take on your behalf to seek a better outcome. From there, we work with you to decide on a plan that fits your goals, schedule, and budget, so you can move forward with confidence.