The first thing every driver needs to understand about a reckless driving charge is that it is a misdemeanor crime if proven guilty.
Therefore, when the law enforcement officer (LEO) mentions reckless driving, the driver should exercise their “right to remain silent.” It will make your lawyer’s job easier and it might keep you out of jail.
On the big screen, reckless driving might seem glamorous. But in reality, the penalties are severe and lasting. Cornell Law School defines a misdemeanor as a crime punishable by “less than 12 months in jail.”
“A misdemeanor is a type of offense punishable under criminal law. A misdemeanor is typically a crime punishable by less than 12 months in jail.”— Cornell Law School Legal Information Institute (LII) WEX Definition: Misdemeanor.
A misdemeanor conviction, however, is no small matter. Jail time or probation is possible, and it will scar a driver’s criminal record.
Not Every Reckless Driving Charge Is a Misdemeanor
An officer might charge reckless driving as a misdemeanor, but a judge decides its severity. Under CA Vehicle Code (VC) Section 23103, Driving Offenses, reckless driving is “willful or wanton disregard for the safety of persons or property.”
However, a judge may interpret what is “willful” or “reckless” differently from the officer’s viewpoint.
Intent matters. In some cases, a judge might reduce the charge from a misdemeanor to an infraction.
An offense that could be either a felony, a misdemeanor, or a traffic infraction are often referred to as “wobblers.” An offense charged as a misdemeanor might be downgraded by the judge when there is no evidence of criminal intent.
However, this is something you should discuss with an experienced traffic attorney before accepting the downgrade.
A misdemeanor conviction, however, is no small matter. Jail time or probation are possible, and it marks a driver’s criminal record.
The Cost of a Reckless Driving Conviction
A reckless driving conviction can be costly. The maximum “base fine’ is $1,000, but surcharges and penalties can be multiplied by four or five times.
If law enforcement impounds your vehicle, towing and storage fees can add $1,500 or more.
Road Rage and Reckless Driving
Road rage can escalate into reckless driving charges.
Aggressive driving that endangers others can lead to this serious offense. If injuries result, the charge may become a felony.
Even when it is a reaction to another aggressive driving; remember, it is often the one who retaliates who gets caught.
When Charged with Reckless Driving, You Must Remain Silent
If charged, avoid making statements to the arresting officer or court officials without an attorney present.
Many drivers try to explain their actions at the scene, which can backfire. With police body cameras, “everything you say can and will be used against you in a court of law.”
Exercise your right to remain silent until you consult a lawyer. An experienced traffic attorney can guide you through the legal process.
Why You Need a Traffic Attorney with Trial Experience to Dispute Your Ticket
A conviction for a misdemeanor reckless driving charge can bring lasting penalties.
Hiring an experienced traffic attorney protects your rights and strengthens your defense. With legal guidance, you have the best chance to reduce the impact of this serious misdemeanor charge.
What’s more, an experienced traffic attorney with trial experience, like Bigger & Harman, can negotiate from a position of power. The stronger their reputation for acquittal, the more willing a District Attorney might be to negotiate a lesser charge.
Contact Bigger & Harman Immediately About a Reckless Driving Charge
If you have been accused of reckless driving in Kern County, CA, and must appear in Lamont Courthouse, call the Bakersfield Traffic Defense Team of Bigger & Harman, APC. Give us a call at (661) 349-9300—Se habla Español 349-9755.
Use the contact form to schedule a consultation, or email us at attorney@biggerharmanlaw.com.
References:
CA VC Section 23103, Driving Offenses.
Cornell Law School LII WEX Definitions: Misdemeanor.