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When driving in San Diego County, a lapse in judgment or a moment of aggressive behavior behind the wheel can escalate into serious criminal charges. Reckless driving, as outlined in California Vehicle Code Section 23103, is no mere traffic infraction. It’s a misdemeanor offense that can result in serious consequences if you’re convicted.
As experienced San Diego defense lawyers, we understand how allegations of willful or wanton disregard for safety can arise from various situations – excessive speeding, street racing, road rage incidents, and more. But we also recognize the potential life-altering impacts a conviction can bring.
A reckless driving violation under Vehicle Code Section 23103 is punishable by up to 90 days in county jail and a maximum fine of $1,000. But this is just the starting point. Depending on the circumstances, police may even temporarily seize your vehicle, leaving you without transportation for weeks after a conviction.
Not to mention, if the alleged reckless conduct causes injury to others, the charges increase in severity:
Felony reckless driving cases resulting in fatalities can lead to vehicular manslaughter or second-degree murder prosecutions – with sentences extending into decades behind bars.
Additionally, illegally engaging in speed contests–either racing against another vehicle or against the clock–is a crime under Vehicle Code Section 23109. Frequently charged alongside reckless driving allegations, these violations can result in misdemeanor convictions and further escalate penalties.
The core issue in any California reckless driving case is establishing whether the accused’s driving conduct meets the specific legal definition of “willful or wanton disregard for safety.” This key distinction separates reckless driving from other moving violations:
As defined by California case law, “willful or wanton” requires more than just negligent or imprudent driving. Prosecutors must prove the accused was objectively aware their actions presented an unjustifiable, substantial risk of harm – and they made the conscious choice to disregard and ignore that risk.
Simply operating a vehicle in an unsafe manner is not enough for reckless driving charges. There must be evidence the driving put the safety of people or property actively at risk through the driver’s willful indifference and conscious violation of their duty to drive safely.
It’s a nuanced distinction. An isolated instance of excessive speeding, for example, would not necessarily rise to this level without accompanying evidence of a blatant disregard for others’ safety.
A few examples where San Diego prosecutors actively pursue reckless driving charges include:
Given the serious nature of reckless driving charges and their potential disruptions to your life, securing qualified legal counsel needs to be a top priority.
At David P. Shapiro Criminal Defense Attorneys, we deploy a comprehensive strategy to leverage the strongest possible defense. This includes exploring potential challenges to the evidence, negotiating with any potential mitigation, and preparing a robust defense for trial if necessary.
Some of the most effective defense avenues we pursue in appropriate cases include:
In some cases, the evidence tying the accused to operating the vehicle may be circumstantial or unconvincing. We’ll scrutinize the prosecution’s assertions to show any reasonable doubt.
We’ll analyze whether the specific conduct genuinely establishes the legal threshold for a reckless driving offense versus a lesser infraction.
There are valid situations where perceived reckless driving may have been a justifiable course of action, such as evading immediate danger or responding to an emergency situation.
If any part of the stop, investigation, or evidence collection violated your constitutional rights, we’ll fight to exclude that information from the prosecution’s case.
No matter how straightforward a reckless driving case may initially seem, our firm explores every option to craft the most effective defense strategy for your situation.
Reckless driving charges not only risk jail time, fines, and a permanent criminal record, but convictions can destabilize your employment, driving privileges, and future opportunities.
At David P. Shapiro Criminal Defense Attorneys, our team has the skill, experience, and deep familiarity with San Diego’s judicial system to provide the highest caliber defense representation.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future. Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
Here’s what you need to know to regain control of your future
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
The base penalty for misdemeanor reckless driving under Vehicle Code Section 23103 is up to 90 days in county jail and a maximum $1,000 fine. If reckless driving causes injury, it can be charged as a felony with higher penalties.
Yes, the police can seize and impound your vehicle if you are arrested for reckless driving in California. According to the California Vehicle Code Section 23109.2, a peace officer has the authority to immediately remove and seize the motor vehicle used in certain reckless driving offenses, such as:
The seized vehicle can be impounded for up to 30 days. Having your vehicle seized can create significant inconvenience and financial burden, in addition to the penalties associated with a reckless driving conviction. An experienced defense lawyer can help protect your rights and potentially prevent or minimize these consequences based on the specific circumstances of your case.
A reckless driving conviction will remain on your California criminal record permanently unless you take legal action to get it expunged or dismissed.
Driving over 100 mph on a California freeway or highway can lead to charges under Vehicle Code Section 22348. This carries penalties of up to $1,000 in fines, points on your license, and license suspension by the DMV, in addition to reckless driving charges.
“I came to David Shapiro to end my probation early and expunge my case. I had a very positive and very informative experience with him. David and his assistant Maria were excellent and always kept in the loop of what was going on.”
“Helping good people get their lives back is not just a catch phrase. They mean what they say and are serious about taking care of the client. Ally Keegan and the team at Law Office of David Shapiro are AMAZING! My charges for a 25 plus year old case were dismissed, it was not easy but I truly believe that if I had went with any other Law Firm that the outcome would have been very different. Thank you Ally for helping me get my life back!”
“I called many lawyers after I got my DUI. Stefano was the only lawyer who put my mind at ease and gave me a sense of relief. He constantly communicated with me about my case and laid out all my options. He was willing and able to do whatever he could to help me. He went above and beyond what was expected.”
“I have used David 2 times in the past and he has by far exceeded my expectations. He has great knowledge and knows the system. He is straight forward and honest and somebody you can trust without doubt. I would recommend him to friends, family, and anybody that needs help. Best attorney I’ve ever come across.”
“Stefano Molea was extremely professional and consistently timely with responses to my questions. Most of all, Stefano was reliable. Stefano was diligent with discovery and always prepared and tenacious when relevant to the situation. Stefano is an attorney that you can count on for the best outcome. Thank you Stefano for all you did in my case. You’re so awesome!!!!”
“Ally was an absolute pleasure to work with. Her calm and reassuring demeanor was matched with her excellent knowledge, dedication, thoroughness. We unfortunately found ourselves in need of a criminal lawyer and we can without a doubt say that having Ally and her firm represent us from the beginning was the best choice we could have made.”
