Reckless driving in California is more serious than an ordinary traffic ticket. It is usually a misdemeanor, and a conviction can lead to jail time, fines, probation, DMV points, higher insurance rates, and a criminal record.
The outcome depends on the facts. Speed, traffic conditions, injuries, prior convictions, alcohol or drug allegations, and evidence from the stop can all affect the case.
What Is Reckless Driving in California?
California defines reckless driving under Vehicle Code Section 23103. A person commits reckless driving by driving on a highway or in an off-street parking facility with willful or wanton disregard for the safety of people or property.
“Willful or wanton disregard” means more than simple carelessness. Prosecutors must show conduct showing a conscious disregard for safety.
Examples may include excessive speeding through traffic, weaving aggressively between cars, racing, ignoring major traffic controls, driving on a sidewalk, or creating a serious collision risk.
Is Reckless Driving a Misdemeanor?
Yes. California reckless driving is usually a misdemeanor.
A conviction under Vehicle Code Section 23103 can carry:
- Five to 90 days in county jail
- A fine from $145 to $1,000
- Both jail and a fine
- Court fees and penalty assessments
- Probation
- DMV points
- Insurance consequences
Although the base fine may look small, total costs can become much higher after court assessments and fees.
Reckless Driving With Injury
Penalties increase when reckless driving causes injury to someone other than the driver.
Under Vehicle Code Section 23104, reckless driving that causes bodily injury can lead to 30 days to six months in county jail, a fine from $220 to $1,000, or both.
More serious injuries can create felony exposure. Vehicle Code Section 23105 applies when reckless driving causes injuries such as loss of consciousness, concussion, bone fracture, serious disfigurement, brain injury, paralysis, or another listed serious injury. A conviction may lead to county jail or imprisonment under Penal Code Section 1170(h).
Injury cases may also involve restitution for medical bills, lost wages, vehicle damage, or other losses.
Wet Reckless Driving
A “wet reckless” is not a separate original charge. It usually happens when prosecutors agree to reduce a DUI charge to reckless driving involving alcohol or drugs.
Under Vehicle Code Section 23103.5, the prosecutor must state a factual basis showing alcohol or drug involvement when a DUI charge is resolved as reckless driving.
A wet reckless conviction can still count as a prior DUI-related offense for future DUI sentencing. It may also require alcohol or drug education when probation applies.
Her Lawyer’s article on being pulled over for DUI but not charged explains related DUI charging issues.
DMV Points and License Consequences
A reckless driving conviction can affect a person’s California driving record. The California DMV’s negligent operator system assigns points for certain traffic convictions and collisions.
Reckless driving commonly adds two DMV points. Too many points can trigger a negligent operator suspension.
Insurance companies may also treat reckless driving as a serious violation. As a result, premiums may increase significantly after conviction.
Reckless Driving vs. Speeding
Speeding alone does not always equal reckless driving. A speeding ticket usually involves driving faster than the posted or lawful speed limit. Reckless driving requires willful or wanton disregard for safety.
However, extreme speed can support a reckless driving charge when combined with dangerous facts. For example, excessive speed near pedestrians, aggressive lane changes, racing behavior, or dangerous weather conditions may make the case more serious.
A driver cited for reckless driving should review whether the officer’s evidence shows more than ordinary speeding.
Common Defenses to Reckless Driving
A defense depends on the evidence. Common defenses may include:
- The driving was careless, but not reckless.
- The officer misjudged speed or traffic conditions.
- The driver acted during an emergency.
- The driver did not act with willful or wanton disregard.
- The alleged conduct happened off a highway or outside a covered parking facility.
- Another driver caused the danger.
- Video or witness evidence contradicts the citation.
- Police lacked a lawful basis for the stop.
Dashcam video, body-camera footage, traffic camera footage, GPS data, weather records, witness statements, and accident reports may all affect the case.
Can Reckless Driving Be Reduced?
Sometimes. A prosecutor may agree to reduce a reckless driving charge to a lesser traffic offense when the evidence is weak or the driver has a limited record.
Possible outcomes may include a reduced charge, traffic school in limited situations, probation, dismissal after conditions, or another negotiated resolution. The available options depend on the county, facts, driving history, and whether anyone was injured.
When the case began as a DUI, a wet reckless may be a negotiated reduction. However, a wet reckless still carries important future consequences.
FAQs About Reckless Driving in California
Is reckless driving a criminal offense in California?
Yes. Reckless driving is usually a misdemeanor, not just a traffic infraction. A conviction can create a criminal record.
Can a person go to jail for reckless driving?
Yes. A standard reckless driving conviction can carry five to 90 days in county jail. Injury cases can carry longer jail time or felony exposure.
How many DMV points does reckless driving add?
Reckless driving commonly adds two DMV points to a California driving record. Too many points can lead to a negligent operator suspension.
Is wet reckless better than DUI?
A wet reckless may carry lower penalties than a DUI in some cases, but it can still count as a prior DUI-related offense for future sentencing. It can also affect insurance and driving records.
Legal Help With a California Reckless Driving Charge
Reckless driving can affect a person’s license, job, insurance, criminal record, and immigration status. The strongest defense often depends on the exact driving facts, officer observations, video evidence, and whether anyone was injured.
Her Lawyer’s California criminal defense attorneys assist with traffic-related misdemeanor cases, DUI-related allegations, and criminal defense matters. Contact Her Lawyer to discuss a California reckless driving charge.