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Kern County Reckless Driving Attorney

Defending Reckless Driving Citations in California

Arrested for reckless drivingReckless driving can refer to a multitude of things, such as speeding, racing, road rage, and other dangerous behaviors. Unlike most traffic laws, reckless driving isn't as strictly defined, as it has to deal 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.

Don't accept your reckless driving charge without a fight! Contact our reckless driving lawyer in Kern County at Bigger & Harman, APC.

Types Of Reckless Driving Charges in California

Typical reckless driving misdemeanors in California:

  • Standard Reckless Driving – This refers to a standard charge of reckless driving that comes with a misdemeanor charge.
  • Reckless Driving for Commercial Purposes – This refers to a reckless driving charge that was committed in an attempt to capture some form of image, recording, and/or anything else that would lend itself to an advertisement.
  • Reckless Driving w/ Injuries – This refers to injuries suffered by another party that were a direct result of reckless driving.

What are the Penalties For Reckless Driving in California?

Reckless driving is usually charged as a misdemeanor offense which accompanies a fine that is up to $2,500 dollars 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/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.

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 it falls 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.

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's 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.

Contact Our Reckless Driving Lawyers in Kern County 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. If you have been charged with a reckless driving charge, contact our Kern County traffic ticket lawyers today for experienced representation you can depend on.

Call us today at (661) 349-9300 for a free initial consultation with one of our Kern County reckless driving attorneys.

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