What You Need to Know About Reckless Driving in California
Reckless driving is often considered a misdemeanor in California, followed by a potential sentence and fines. The charges for reckless driving vary, depending on how severe the reckless behavior is. Here’s everything you need to know about reckless driving.
The prosecution of reckless driving must prove that the individual intentionally put people’s lives and property at risk. An individual may be able to raise a defense against the misdemeanor charge in certain circumstances.
What Is Reckless Driving
If a driver willfully/wantonly disregards the safety of persons and property, he or she may be charged with reckless driving. Here are some examples of reckless driving:
- Speeding on the road
- Neglecting stop signs and red lights
- Excessive lane changing
- Driving the wrong direction down a road
- Racing other cars
Even if the driver does not aim to endanger the safety of others, reckless behavior may still lead to charges and penalties.
Related: Negligent vs Reckless Driving: What’s the Difference?
Penalties for Reckless Driving
Contrary to popular belief, the consequences of reckless driving can be much more serious than speeding tickets. In fact, reckless driving is a criminal offense that comes with varying penalties. Here are the major consequences of reckless driving:
- Monetary penalties of up to $1000;
- Up to 90 days in jail for the first offense, and up to 6 months in jail for repeat offenses if no death is involved;
2 points on driving record; - Up to 1 year in jail if charged with a misdemeanor vehicular manslaughter conviction
- Up to 6 years in state prison if charged with a felony vehicular manslaughter conviction
- Wet reckless charge if alcohol is involved
- Confiscation of driver’s license for a certain period
- Increase in insurance premium.
Defense for Reckless Driving
An accused person can raise several defenses against the reckless driving charge. First, the prosecutor must prove the accused individual was driving the vehicle at the time. Without concrete evidence, the accused individual can be dismissed from the charge.
In the case of driving out of necessity due to an emergency, the defendant should show that the driver drove recklessly due to the reasonable belief of an emergency that can potentially threaten the driver or society. It is also crucial to show that the driver did not create the emergency himself.
How Long Does Reckless Driving Stay on Record in California?
Generally, reckless driving stays on records for three to ten years. If the driver was not intoxicated and received a dry reckless driving conviction, the offense typically stays on record for three years.
Related: Driving on a Suspended Driver’s License in California
Can You Avoid Jail Time for Reckless Driving?
Without causing injury or death, an individual may be able to avoid jail time with:
- Community/volunteering service
- Traffic school
Contact Us
If you or a loved one would like to learn more about Reckless Driving in California, get your free consultation with one of our Criminal Defense Attorneys in California today!