Driving recklessly is a serious infraction with severe consequences. Even after a first offense, you might experience long-term repercussions. That said, you will require a skilled criminal defense lawyer if you are charged with reckless driving.
Without the assistance of an experienced defense attorney, if court allows the defendants represent themselves, drivers who attempt to handle a California reckless driving case on their own almost always receive heavier penalties than they deserve. The vital thing to remember is that you’ll probably get caught and charged if you drive your car on the highway with no concern for the security of other persons or property.
What Can Be Regarded as Reckless Driving?
There are some significant distinctions between traffic violations like speeding tickets and criminal behaviors like reckless driving. According to California Vehicle Code section 23103, reckless driving is defined as the act of operating a vehicle on a roadway or in off-street parking spaces with a deliberate or wanton disregard for the safety of:
- Other people
- Property
Any publicly maintained road that members of the public can use to go by a car is referred to as a highway. Consequently, this contains variously sized roadways and private property.
What Behaviors May Lead to a Reckless Driving Charge in California?
As was previously stated, receiving a speeding citation does not always result in charges of reckless driving. Depending on the facts, the court may decide whether or not you drove carelessly.
You may be driving recklessly if you engage in the following behaviors:
- Disregarding traffic signals
- Driving on the sidewalk
- Driving on the wrong side of the road
- Excessive speeding
- Illegally passing other vehicles
- Intentionally driving with defective brakes
- Racing
- Repeatedly swerving across lanes
- Tailgating
- Texting while driving
Can I Be Arrested for Reckless Driving?
In California, driving recklessly can result in an arrest.
You could be stopped by the police, charged with driving recklessly, or given a moving violation. But you\’ll probably be arrested if you engage in risky behavior on the road, such as racing.
Are There Various Types of Reckless Driving?
In California, there are, in fact, two different forms of reckless driving. They are:
- Dry Reckless Driving
There is no alcohol present; therefore, this is just a regular reckless driving charge. If you are ever convicted of DUI in the future, it will show up on your record but have no impact on you. A traffic violation attorney with experience in handling reckless driving matters is necessary to handle this particular driving accusation with competence and knowledge.
- Wet Reckless Driving
When a DUI charge is reduced, you are then charged with Wet Reckless violation rather than a Misdemeanor DUI. In this situation, you will require a defense lawyer to fight for your rights.
Is Reckless Driving Considered a Felony or a Misdemeanor in California?
Simple reckless driving charges are considered misdemeanors in California. However, it becomes a more serious and convoluted charge if the act results in harm. Your reckless driving charge could turn into a felony if it resulted in someone getting hurt.
A basic reckless driving charge may be upgraded to a felony under CVC Section 23105 if it results in the following type of personal harm:
- A broken or fractured bone
- Brain injury
- Concussion
- Organ dysfunction
- Paralysis
- Serious body disfigurement
- Unconsciousness
- Wounds needing an excessive amount of suturing
If your reckless driving resulted in one or more of these injuries to another driver, passenger, or pedestrian, the prosecutor might elect to charge you with a felony or misdemeanor. In such a case, you should refrain from going up against the prosecution by yourself. Your traffic violation attorney will stand up for you in court and safeguard your legal rights.
When Should I Contact a Reckless Driving Attorney?
Immediately following your arrest is the ideal moment to get in touch with a knowledgeable criminal defense lawyer. After all, it is always best to start as soon as possible. And for better and more successful representation and defense, you must respond to all inquiries honestly when your defense attorney shows up.
Conclusion
Reckless driving in California can result in significant penalties, including fines, jail time, and license suspension. It is important to understand the details of this crime in order to avoid any potential consequences.
Besides that, you must take note of all our pointers above to get a clear glimpse of what\’s in store for you if you ever find yourself in such a situation, as well as the proper approach to mitigating the negative impact of the violation.
If you are looking for a well-trusted traffic ticket attorney in Los Angeles, look no further than our experienced practitioners here at the Law Offices of Amir Soleimanian & Associates, INC. Mr. Ticket provides aggressive representation to clients in Los Angeles and across the entire state of California who have received traffic tickets. Call us today for free confidential consultation and let us discuss all your current options when it comes to your reckless driving case.