Many traffic violations in CA are minor infractions with a fine and negligent operator treatment system (NOTS) points only. However, many others are considered misdemeanors and felonies, including a fine, doubled NOTS points, and jail or probation, depending on the severity.
Reckless driving is typically either a misdemeanor or a felony. Felonious reckless driving includes willful and wanton conduct that leads to injury or death and, if convicted, will require jail time.
The first thing every driver needs to know is that reckless driving is not a traffic violation that they should try to talk their way out of on the side of the road if there is such a thing. When accused of reckless driving, the driver should sign the citation and consult an attorney immediately before making any statement to a law enforcement officer (LEO) or court officials.
A smart driver will not attempt to talk their way out of a ticket. They typically end up incriminating themselves.
What Is the Definition of Reckless Driving According to the CA Vehicle Code?
CA Vehicle Code (VC) Section 23103, Driving Offenses, has a simple and straightforward definition of reckless driving.
“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.”
Every driver must consider the State’s burden of proving “willful or wanton disregard.” Just as in every other instance, the standard is “guilt beyond a reasonable doubt,” whether the trial is decided by a judge only or a jury of the driver’s peers.
When a driver makes a statement to the LEO on the side of the road or to a prosecutor without legal representation, they often handcuff the attorney who will defend them against the State’s charges.
LEOs typically wear a body cam, so their statement will be recorded and as you know, “…anything you say can and will be used against you in a court of law.”
Therefore, the driver should invoke their “right to remain silent and have an attorney present during questioning.”
What Are the Consequences of a Reckless Driving Conviction?
In accordance with CA Vehicle Code (VC) Section 23104 and 23105, a conviction for reckless driving that leads to the injury of anyone other than the driver is subject to a base fine between $220 and $1,000 and not less than 30 days, nor more than six months in the Kern County jail, or jail, probation, and fine.
The base fine was the fine written into the VC when introduced to the CA Assembly and Senate, and subsequently approved by the Governor. Since the enactment, the Assembly and Governor have enacted ten surcharges, penalties, and assessments that could multiply the base fine by three to five times.
Regardless of the fine and subsequent insurance premium increase, which could double or triple your current premium after a conviction, the conviction will leave the driver with a criminal record.
The driver MUST remain silent and consult a traffic attorney with trial experience, immediately.
Contact Bigger & Harman About a Reckless Driving Charge in Kern County, CA
Contact the Bakersfield Traffic Defense Team of Bigger & Harman, APC, when accused of a reckless driving incident in Kern County. Give us a call at (661) 349-9300.
Use the contact form to schedule a consultation, or email us at attorney@biggerharmanlaw.com.
References:
CA VC Sections 23103, 23104, & 23105, Driving Offenses.
The Bankrate.com article, Average cost of car insurance in CA for 2024.