Reckless driving is one of those California law charges that might be a surprise to drivers. After all, the typical negative consequences associated with this type of violation revolve around infractions or misdemeanors such as a reckless driving ticket. While most drivers might not appreciate being slapped with a reckless driving ticket, the potential penalties are usually still mild when compared with other charges.

California Vehicle Code 23103

California Vehicle Code 23103 describes reckless driving as "in willful and wanton disregard for persons or property" and can lead to criminal charges such as reckless driving on public roads or in public or private parking lots. Reckless driving charges often come with other criminal charges connected to the same incident.

A " highway" refers to any area (such as a street) that is:

• Publicly maintained 
• Open to the public for vehicular transport

An "off-street parking facility" is open for the public to park vehicles. It includes:

• Publicly owned facilities 
• Privately owned facilities that are available to retail customers with no parking fee

This statute does not apply to private parking facilities which are not open to the public. This includes employee parking lots.

What are the Consequences Of Reckless Driving?

Although reckless driving may seem minor, the consequences can be far more severe than an infraction like a speeding ticket.

California Vehicle Code 23103 states that reckless driving is a misdemeanor charge. It can lead to imprisonment for up to 90 days, a fine between $145 and $1,000, or both. These penalties may increase if someone is injured or killed by reckless driving or if there are previous reckless driving convictions.

The DMV may also place two points on your driver's license, which could count as a conviction in any future license suspension hearings or other legal proceedings. After a reckless driving conviction, your automobile insurance could be canceled, or the premium may be dramatically increased.

Reckless driving with a minor injury

If a violation of 23103 VC causes a minor injury to the body of another person, the offense is still a misdemeanor. The penalties can be increased to:

• 30 days to 1 year in prison, and/or
• A fine that ranges from $220 and $1,000

Reckless driving with serious injury 

Violating 23103 VC is a wobbler offense if a person aside from the driver suffers a serious injury. An offense referred to as a "wobbler" is considered a misdemeanor or felony, depending on the prosecutor's discretion.

If charged as a criminal offense, reckless driving can be punishable with:

• three years in state prison, and/or  
• a fine up to the amount of $10,000
• the vehicle itself could become subject to impoundment

"Dry reckless" as a DUI plea bargain

Vehicle Code 23103 can be commonly utilized as a plea bargain to stay out of being convicted in the context of California DUI laws. The plea bargain is commonly described as a "dry reckless" plea bargain.

The benefits of this deal are that the defendant can avoid severe DUI penalties. Particularly, the defendant:

• is not subject to any mandatory sentencing enhancements if charged with an additional DUI,  
• receives a shorter sentence in jail and a probationary period,
• will be subjected to a lower penalty, and
• will not be subjected to mandatory court-ordered license suspension  

Are there consequences for immigration?

The 23103 VC conviction is unlikely to result in negative immigration consequences. If guilty of a California crime, non-citizens can either be marked as inadmissible or be deported, but the 23103 VC conviction is not likely to produce this outcome.

Does a conviction affect gun rights?

A guilty verdict for a misdemeanor following this statute won't have negative consequences for the gun owner's rights, but a conviction for a felony could have negative consequences for the defendant's gun rights.

California law states that convicted felons cannot own or have a gun. It is important to remember that reckless driving may be considered criminal when it results in serious injuries to another person. Thus, a defendant loses his firearm rights if found guilty of this crime and inflicting serious injury.

Prosecution of California Vehicle Code 23103 Crime Charges

The prosecution must prove that the defendant was guilty of reckless driving in violation of Vehicle Code 23103, such as:
The defendant drove a vehicle on a highway/in an off-street parking lot; and
Intentionally, the defendant drove with disregard for the safety of persons and property.

A person acts with wanton disregard for safety when (1) the driver is aware that his/her actions pose a substantial, unjustifiable threat of harm and (2) he/she intentionally ignores this risk. However, the person does not have to intend to cause harm.
Scenarios When The Defendant Did Not Commit Reckless Driving:
To get the attention of the driver, a crossing pedestrian waved a fishing pole at him. The driver didn't slow down. As the driver drove past, the pedestrian shouted at him. The driver made a U-turn and drove toward the pedestrian. The pedestrian had to leap out of his way to avoid getting hit. The defendant pulled over at the spot where the pedestrian was standing, then put his car in reverse. He left 10 feet of skid marks before turning around and driving away. Although this could have been considered negligence by the driver, it was not considered a wanton disregard for the safety of others. (Reference: People v. Allison (1951) 101 Cal.App.2d Supp. 932, 935.)

The defendant's car collided in front of a second vehicle that had stopped, then moved to allow another driver to turn at an intersection. It was not clear that the defendant saw the second car before he tried to stop. It is possible that the defendant failed to maintain a proper eye on the road ahead and that he may have been negligent. Gross negligence alone is not sufficient to be considered reckless driving. (Reference: People (1940), 40 Cal.App.2d Supp. 835, 838-839.)

Scenario When The Defendant Did Commit Reckless Driving:

After a California Highway Patrol officer chased the defendant for 4.3 miles at 7:45 p.m., the court found that he was guilty of reckless driving. During this chase, the defendant drove at speeds of 75 to 80 mph across intersections and passed nine vehicles. The defendant passed 12 additional cars at speeds ranging from 75 to 85 mph. In this case, the court considered all circumstances and determined that speeding was reckless driving. (Reference: People, v. Nowell (1941), 45 Cal.App.2d Supp. 811, 813a, 814.)
Is there a legal defense for reckless driving?
A defendant can contest a California reckless driver charge by using a legal defense. Below are three common defenses against this criminal charge:

1. The driver was not the defendant.
   To be found guilty of 23103 VC, the defendant must have been in a motor vehicle. An accused can prove that he wasn't the driver or operator of the motor vehicle. He may have been a passenger, for example.
2. The driving was not reckless.
   Remember that 23103 VC is the violation of operating a vehicle with a wanton disregard for safety. It must be proved beyond reasonable doubt by the prosecutor. The defense must show that the accused did not intend to ignore the risk of harm while driving.
   The speed at which you drove does not automatically establish that you drove recklessly with disregard for safety. It is just one aspect that the jury will take into account in light of the circumstances surrounding it. When this appears to be the sole evidence presented by the prosecutor, an experienced attorney will make this clear to defend you against the charges.
   The court has ruled that speeding is reckless driving when you consider the timing, location, person, and surrounding circumstances. (Reference: Hall V. Mazzei, (1936) 14 Cal. App. 2d 48 [57 P.2d 948, 950].)
3. There was a necessity.
   A necessity defense allows a defendant to avoid being convicted by proving that he had sufficient good reasons to commit the crime. This defense is sometimes called " guilty with an explanation". In 23103 VC, the accused can try to prove that he was compelled to do the crime because he has no other option.
   In this instance, the defendant needs to prove that:

• The offensive driving happened because the driver had a reasonable belief that there was an emergency; 
• The driver was not the one who caused the emergency; and
• The situation posed a risk for the driver or a third party.

Experienced criminal defense lawyers can rely on eyewitnesses, surveillance footage, and accident reconstruction testimony depending on the case.

Reckless driving is a serious offense in California. If you have been charged with reckless driving, it's crucial that you contact an experienced attorney as soon as possible to assess your options. The sooner that you begin working with an attorney, the more time they will have to prepare your defense and help you protect your right to drive.