San Diego Reckless Driving Lawyer
Vehicle Code 23103 VC
Reckless driving is a relatively minor ordeal - it is a misdemeanor, punishable by up to ninety days in jail, a $1,000 fine, 3 years of formal probation, and potentially having your car impounded for 30 days (which you will have to pay to get out). The city attorney will offer "Community Court" to first time offenders - but it will require you to plead guilty to an offense which will go on your record. To learn how to get these charges dismissed, or reduced to an infraction, consult with a local San Diego criminal attorney today.
Reckless driving will have an enormous impact on your driving record. It is a 2 point offense. In California, if you accumulate 4 points in a 12 month period, or 6 points in a 24 month period, your license to drive can be suspended as a "negligent operator."
The point system is automatic and based on the date of the infraction, not the date of guilt or disposition of your case. The only way to challenge a negligent operator suspension is through a DMV hearing.
Defenses to Reckless Driving
"I Wasn't Driving"
There's no basis for a charge of reckless driving if you were not driving the vehicle. That means that if you are stopped with the vehicle on, but not moving, you are not technically driving. Typically reckless driving convictions are the result of DUI cases that wish to plea bargain and in exchange for the plea bargain the defendant pleads to a "dry reckless," meaning there is no mention of alcohol.
While reckless driving and dui both have the same point penalty, DUI penalties in general are stiffer and more expensive, so for many DUI cases, this is an attractive plea bargain offer.
Conditions Warranted Evasive Maneuvering.
Many times reckles driving charges are the result of excessive speeding and unsafe lane changes (or simply driving too fast for conditions). There is often a plausible explanation for this type of driving behavior, especially if the particular car model is not a sport or racing model of car.
It's an Infraction not a Misdemeanor
While driving without a license or driving on a suspended license may be charged as a misdemeanor, the prosecutor has the discretion of charging the crime as an infraction. An infraction results in a lower fine and no work duty through Community Court.
Speak to a Lawyer for a Free Consultation
Criminal defense cases are extremely fact specific and for that reason it is not possible to list every possible defense. Nearly every San Diego criminal defense lawyer that I know offers a free consultation. Take advantage of that fact by calling and scheduling a consultation today with an award-winning San Diego criminal defense lawyer today.