Vista & San Diego Reckless Driving Defense Attorney
Facing Reckless Driving Charges? Call 24/7 to Start Building Your Defense
Reckless driving charges can have serious consequences, such as the loss of your license or jail time. For many, this is their first experience with the legal system. It’s common to feel intimidated or concerned about what comes next. “Remember, you do not have to fight the charges alone,” explains lawyer Peter Liss. “A skilled reckless driving defense attorney like myself can support you through this process.”
If you have been arrested for dangerous, negligent, or aggressive driving under California Vehicle Code Section 23103 (VC), call Vista and San Diego reckless driving lawyer Peter M. Liss (State Bar #111128). He has tried over 100 criminal jury trials and defended many people charged with criminal traffic offenses, including reckless driving resulting in injury.
If you need an experienced reckless driving defense lawyer with a proven track record of acquittals and dismissals, please call Peter Liss at (760) 643-4050 for a free consultation.
About Reckless Driving Charges in San Diego
California Vehicle Code Section 23103 (VC) defines reckless driving charges as operating a vehicle with a “willful or wanton disregard for the safety of persons or property.”1 “Recklessness is more than mere negligence,” explains Liss, “it involves a conscious disregard for the potential risks of your actions.”
Examples of Reckless Driving in San Diego
The law doesn’t detail specific reckless driving behaviors. “What a police officer believes to be reckless, I’ve seen judges, jurors, and prosecutors consider simply careless,” says Liss. However, if you confess something was dangerous or otherwise admit guilt, this could complicate your defense.
Some common examples of reckless driving Peter Liss has seen locally:
- Driving at high speeds in a school zone
- Popping wheelies on the freeway while using a motorcycle
- Tailgating other cars
- Aggressively demonstrating road rage behaviors
- Watching videos on a cellphone while driving
- Operating a vehicle at excessive speeds in dangerous driving conditions
- Taking blind corners too quickly
Behaviors not considered to be reckless driving include:
- Operating a vehicle while barefoot
- Speeding in optimal road conditions
- Running a broken red light
- Swerving into the opposite lane of traffic to avoid an accident
Reckless Driving Penalties in California
Unlike most driving offenses, which are typically infractions (tickets), reckless driving is a misdemeanor. Those charged with the crime could be arrested, forced to pay a fine of up to $1000, and even sentenced to up to 90 days in the county jail.
Alternative sentences, such as probation, may be given in some instances.
Additional Consequences
Your vehicle may be impounded, and you will need to pay a fee to retrieve it.2 Additionally, reckless driving convictions add two points to your DMV record, likely raising your car insurance rates. You could even lose your driving privileges if you have enough points on your record.
Sentencing Enhancements for Reckless Driving
If someone suffers a minor injury, the charge is filed as 23104 (VC)3, punishable by no more than 6 months in jail. Cases where the victim suffered serious bodily injury are charged under 23105 (VC)4, which can be a misdemeanor, punishable by one year in jail, or a felony, punishable by up to three years in prison.
Drivers may also face enhanced penalties if they have a prior offense on their record.
What is the Best Defense for Reckless Driving?
“There is no single best way to fight this charge,” says Liss. “Your lawyer will base your defense on the specifics of your case.”
Often, the best strategy is to show you didn’t meet all three elements of a reckless driving charge. To be found guilty under 23103 (VC), prosecutors must show you were:
- Operating a vehicle
- On a public street, highway or off-street parking facility
- With a willful or wanton disregard for the safety of persons or property
If you weren’t driving or were on private property, you didn’t break the law. The main challenge is proving willful disregard for safety. Prosecutors must show you knew (or should have known) the risks and ignored them.
Other San Diego Reckless Driving Defense Strategies
Mr. Liss will evaluate all possible legal defenses, which could include:
- Arguing that you were driving dangerously as a result of a medical emergency
- Showing that the police lacked a valid reason to stop or arrest you
- Proving your vehicle was malfunctioning, and you were trying to avoid causing an accident
Plea Bargains
In many criminal cases, a plea bargain is the best resolution. If you were initially charged with 23103 (VC), your attorney may be able to have the charges reduced to an infraction.
Attorney Peter Liss has successfully plead these charges down on multiple occasions.
Similar Charges to Reckless Driving
Reckless driving is one of the most common pleas used in driving under the influence (DUI) charges. In these cases, reckless driving is referred to as a “dry reckless” to distinguish it from “wet reckless” charges, filed under 23103.5 (VC).5 Here’s the difference between the three:
| Charge | Max Jail Time | Probation Period | DUI Class Length | License Suspension |
|---|---|---|---|---|
| DUI 23152 (VC) | 6 Months | 5 Years | 9 Months | 6 Months |
| Wet Reckless 23103.5 (VC) | 90 Days | 3 Years | 3 Months | 4 Months | Dry Reckless 23103 (VC) | 90 Days | 3 Years | None | None |
Other Related Charges
Many people facing a reckless driving charge are charged with other offenses, including hit and run6, participating in a speed contest7, wrong-way driving8, or excessive speeding9.
Call an Attorney Now
If you have been accused of any of these crimes, discuss the case with a lawyer. Your attorney can determine whether your rights were violated during the traffic stop, whether you meet the legal standard for conviction, and whether you qualify for a plea bargain or alternative sentencing.
“You may only have a limited time to protect your license and avoid jail,” warns Liss. “Call my offices now.“
Reckless Driving Charge?
Peter Liss Can Help You
If you have been charged with driving recklessly, Peter Liss will remain committed to helping you fight the accusations. From the beginning of your case, he will keep you informed and involved. He will work to:
- Lower your bail
- Investigate your case
- Gather critical evidence
- Make motions in court to protect your interests
Dedication to Client Satisfaction
Mr. Liss will represent you in a plea bargain or trial. If you are likely to be convicted of reckless driving, he will work tirelessly to seek a reduction of the charges or secure alternative sentence options, such as probation. You will not need to appear in court for most misdemeanor cases, so taking time off work is unnecessary.
Frequently Asked Questions About Reckless Driving Charges in Vista, California
Can reckless driving charges be reduced to a lesser offense?
Yes. Sometimes these charges can be reduced to a standard speeding ticket or other moving violation.
Is reckless driving a misdemeanor in California?
Yes, in most cases. However, if the driving resulted in a car accident that caused great bodily injury, the charges may be elevated to a felony.
How long does a reckless driving charge stay on your record in California?
A reckless driving conviction will stay on your criminal record until it is expunged. The crime will stay on your DMV record for up to 10 years.
Legal References
- Vehicle Code 23103 (VC) (California Legislative Information) ↩︎
- Vehicle Towing and Impound Procedures (San Diego Police Department) ↩︎
- Vehicle Code 23104 (VC) (California Legislative Information) ↩︎
- Vehicle Code 23105 (VC) (California Legislative Information) ↩︎
- Vehicle Code 23103.5 (VC) (California Legislative Information) ↩︎
- Vehicle Code 20002 (VC) (California Legislative Information) ↩︎
- Vehicle Code 23109 (VC) (California Legislative Information) ↩︎
- Vehicle Code 21651 (VC) (California Legislative Information) ↩︎
- Vehicle Code 22348(b) (VC) (California Legislative Information) ↩︎
