California drivers can be charged with reckless driving when they knowingly put others at serious risk with their behavior. Reckless Driving and its penalties are explained under California Vehicle Code 23103.
Charges under CVC 23103 are generally misdemeanors. CVC 23104 adds additional punishment if someone convicted of reckless driving causes an accident that injures someone else.
(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(a)Except as provided in subdivision (b), whenever reckless driving of a vehicle proximately causes bodily injury to a person other than the driver, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both the fine and imprisonment.
Reckless Driving Violations Without Injuries
Drivers who knowingly travel on California roads in a dangerous manner and show an indifference to the risks they are exposing other motorists to can be charged with reckless driving.
Reckless driving is more than simple carelessness by drivers. It might apply to someone who races through an intersection on a red light or blows through a stop sign. A driver might be hit with a reckless driving charge for tailgating another motorist with the intention of harassing them.
- Speeding alone doesn’t always automatically count as reckless driving, but a driver traveling at extreme speeds can earn punishment
- Drivers can be charged under CVC 23103 even if no collision is involved
- Charges under CVC 23103 can also result from reckless behavior in a parking lot, including a parking deck
The Code indicates that violators can receive misdemeanor charges. They can result in anywhere from five to 90 days in a county jail. It might result in a fine of anywhere from $145 to $1,000 (with additional court fees). In some cases, those convicted may receive jail time and fines. The suspension of driving privileges is possible. Convictions also usually put 2 points on the driver’s record.
Reckless Driving Causing Injuries
CVC 23104 addresses reckless driving punishment when accidents and injuries result.
Drivers convicted of Reckless Driving can also be punished under CVC 23104 when their recklessness causes an accident, and it’s proven that the accident led to someone else’s injury.
The code specifies that drivers would need to cause “great bodily injury” as defined under California Penal Code 12022.7. These are injuries that go beyond bumps and bruises, and may include broken bones and brain trauma.
CVC 23104 might be charged as a misdemeanor or a felony. When serious injuries and a prior conviction (e.g., speeding violations or reckless driving violations) are involved, there’s a greater chance of a felony charge.
Violators might receive a sentence of a month to six months in a county jail. They may receive a fine of $220 up to $1,000 (before court fees are added on). Those convicted may receive both jail time and fines. A driver’s license suspension is possible.
See: What Happens If I’m Caught Going 100 mph on a California Freeway?
Deciding If You Need a Lawyer If You Are Struck by a Reckless Driver
Reckless drivers can face serious charges, but their injured victims can also file separate civil claims to get help with their recovery costs. If a reckless driver causes an accident and you come away with serious injuries, it’s a good idea to speak to an experienced California Car Accident Lawyer.
To find out what your case may be worth, contact Maison Law for a free case consultation.
There’s no obligation for your meeting. But if you do need our help, you don’t have to worry about how you’ll pay a lawyer at such a difficult time. We aren’t paid unless we win your case for you. Then our fee comes out of the check the insurance company must write for you.