California's Reckless Driving Laws and Penalties

Read about California’s reckless driving laws and the consequences of a conviction.

In California, unsafe driving can lead to reckless driving charges, jail time, fines, and license suspension. This article covers how California defines reckless driving and the specific penalties you'll face for a conviction.

What's Considered "Reckless Driving" in California?

In California, a person can be convicted of reckless driving for driving a vehicle "in willful or wanton disregard for the safety of persons or property." Generally, the term "willful" refers to conduct that is purposeful or intentional, rather than accidental. And "wanton disregard" basically means the person understood the conduct was risky but decided to do it anyway. (Cal. Veh. Code § 23103.)

California's Reckless Driving Penalties

The consequences of a reckless driving conviction depend on the circumstances. But the possible penalties that apply in various circumstances are explained below.

Jail Time and Fines for Standard Reckless Driving Convictions in California

Generally, reckless driving is a misdemeanor. Convicted motorists typically face five to 90 days in jail and/or $145 to $1,000 in fines.

Jail Time and Fines for Reckless Driving for Commercial Purposes in California

When reckless driving is done to capture images or recordings for commercial purposes (like for a product advertisement), the offense is still a misdemeanor, but enhanced penalties apply. A conviction is punishable with up to six months in jail and a maximum of $2,500 in fines.

Jail Time and Fines for Reckless Driving Involving Injuries in California

Generally, reckless driving offenses that involve injuries to another person are misdemeanors and carry 30 days to six months in jail and/or $200 to $1,000 in fines.

Jail Time and Fines for Reckless Driving Involving Serious Injuries in California

California Vehicle Code section 23105 allows a judge to impose more severe penalties for reckless driving offenses that involve any of the injuries listed in the statute. Included on the list are concussions, a loss of consciousness, bone fractures, brain injuries, and paralysis.

An offense that comes under this statute is a "wobbler"—meaning it can be punished as a misdemeanor or a felony. If punished as a misdemeanor, the offense carries the same penalties as those imposed for reckless driving with minor injuries (see above). But when punished as a felony, the driver faces 16 months to three years in prison.

Traffic Violation Points and License Suspension for Reckless Driving in California

A reckless driving conviction will also add two points to a motorist's driving record and likely lead to increased insurance rates. And depending on the circumstances, the judge or Department of Motor Vehicles can suspend the motorist's license for up to six months.

Reckless Driving and DUI Charges ("Wet Reckless") in California

In California, it's possible for a driver who's charged with driving under the influence (DUI) to plea bargain for a lesser charge. When a DUI is reduced to a reckless driving charge, it's sometimes called a "wet reckless."

Talk to a California Defense Attorney

The consequences of a reckless driving conviction in California can be serious, especially when the offense involves injuries. If you've been arrested for or charged with reckless driving, get in contact with an experienced criminal defense attorney. A qualified attorney can explain how the law applies to the facts of your case and help you decide on how best to handle your situation.

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