Reckless driving or an exhibition of speed charges can carry severe consequences for Kern County drivers.
As the residents of California prepare for the enactment of AB-3 (Fong), Exhibition of Speed on the Highway, this June, some significant issues need clarifying and considering.
These offenses are dangerous, but many innocent drivers are wrongfully accused due to law enforcement's increased focus on curbing illegal activities like sideshows and speed contests within our communities.
Understanding the Law: Reckless Driving or an Exhibition of Speed
Reckless driving or an exhibition of speed is considered a misdemeanor crime in California. Penalties could include jail time/probation, hefty fines, license suspensions, and even vehicle impoundment.
A suspect’s vehicle can be impounded for up to 30 days, even when the owner is not arrested, which could cost nearly $2,000 for towing and storage.
California law allows officers to issue citations for these offenses based on suspicion alone.
Unfortunately, innocent drivers often face grave consequences when they are in the wrong place at the wrong time.
For example:
Exceeding the speed limit to avoid a road rage incident could lead to charges.
Accelerating aggressively from a stoplight might be misinterpreted as participating in an exhibition of speed.
Simply passing through an area near a sideshow could result in accusations of aiding or abetting.
The justice system should protect the innocent; therefore, we must be vigilant to ensure DMV actions, such as vehicle impoundment and license suspensions, DO NOT occur without a judge’s ruling, as outlined in AB 1978 (Sanchez) and AB 2186 (Wallis).
The Impact of Being Wrongly Accused
Wrongful accusations of reckless driving or an exhibition of speed can devastate a driver’s life.
Kern County residents wrongfully accused could face the following:
Thirty-day vehicle impoundments.
Six-month license suspension.
Financial struggles caused by job loss or missed opportunities.
Even though Assemblymember Vince Fong’s AB-3 and other amendments aim to address illegal sideshows, reckless driving or exhibitions of speed, and speed contests, it doesn’t provide additional law enforcement resources to ensure fair and accurate enforcement.
“It (AB-3) doesn’t give us more people to do this, but it allows us to pay our current officers overtime for working on these types of events.” — Sheriff Donny Youngblood.
What to Do If You’re Accused
If you’re charged with reckless driving or an exhibition of speed, aiding and abetting a speed contest:
Remain silent. Avoid making statements that could be used against you.
Contact an experienced traffic attorney.
The Bakersfield Traffic Ticket Team of Bigger & Harman has been defending Kern County drivers for years.
They have more than a decade of experience in traffic law, which can help protect your driving privileges, reverse vehicle impoundment orders (without monetary loss when the vehicle owner is shown not liable), and fight wrongful accusations.
Reckless driving or an exhibition of speed charges are serious, but you don’t have to face them alone. Call us for a consultation today.
What Is Reckless Driving According to the CA Traffic Code?
CA Vehicle Code (VC) Section 23103(a), Driving Offenses, states:
“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.”
Keep in mind that the State bears the burden of proving “beyond a reasonable doubt” that your actions were “willful or wanton.”
For additional reading on this subject, read our blog The History of the “Sideshow,” Exhibition of Speed, Reckless Driving, & How It Led to AB-3, or our June ’22 flip book, What Are Sideshows?
Testimonial
“I had never before consulted a traffic attorney. I was wrongfully cited by a rookie CHP officer for an alleged traffic violation in rural Kern County. Mark Bigger was engaging, professional, efficient, and effective in successfully working with me to obtain a just result of "not guilty" and a case dismissal. While I was eligible for traffic school, I knew this citation was unjust, and it was more important to make sure that justice was served….”—Randy, W., Newport Beach, CA.
Contact Bigger & Harman About a Reckless Driving or an Exhibition of Speed Charge in Kern County
If you’ve been accused of reckless driving or an exhibition or speed or aiding and abetting a sideshow setup, call Bigger & Harman at (661) 349-9300—Se habla Español 349-9755 for legal advice before making an statement to law enforcement or court officials.
Email us at attorney@biggerharmanlaw.com or use our contact form to schedule a free initial consultation.
References:
CA Vehicle Code (VC) Section 23103(a), Driving Offenses.