Have you been arrested and accused of driving under the influence of drugs or alcohol? When you have been accused of drunk driving, you may be able to work with the state’s prosecuting attorney to get your charges reduced where applicable.
One of the best-case scenarios involves your DUI charges being reduced to reckless driving under CA Vehicle Code §23103. With help from a dedicated Los Angeles DUI lawyer, you could avoid the devastating impact of a DUI conviction and protect your future.
How Does CA Vehicle Code §23103 Define “Reckless Driving”?
Under VC §23103, the state’s prosecuting attorney must prove the following elements for a defendant to be convicted of reckless driving:
- The defendant must have driven with wanton disregard for the safety of others or property
- The defendant must have driven a vehicle in an off-street parking facility or on a highway
What Is Wanton Disregard?
California law states that someone can act with wanton disregard for the safety of others or property when they intentionally ignore risk and are aware that their actions are presenting an unjustifiable risk of harm.
That does not necessarily mean that the driver needs to intend to cause damage, but the defendant must know that the act of driving recklessly is putting themselves, others, or property at significant risk of injury or harm.
What Are Off-Street Parking Facilities and Highways?
Under VC §23103, off-street parking facilities include any parking area open for use by the public for parking vehicles, including privately owned facilities that do not charge a fee for retail customers and publicly-owned facilities.
However, if a parking lot facility is not open to the public, they are not covered under §23103 VC. A “highway“ under CA Vehicle Code §23103 includes any street or area that is open to the public for the purposes of vehicle travel and publicly maintained.
What Are the Consequences for Reckless Driving Under CA Vehicle Code §23103?
Under California Vehicle Code §23103, reckless driving is considered a misdemeanor. This is punishable by a fine of up to $1000 and imprisonment for up to 90 days in county jail. However, if someone suffers minor or serious injuries, harsher penalties could apply.
For example, someone who causes a minor bodily injury to another party could face up to one year in jail and fines as high as $1,000. If the defendant causes serious bodily injury, Vehicle Code §23103 states that the offense is a wobbler.
This means it can be charged as a misdemeanor or a felony. If convicted of felony reckless driving, the defendant could face up to three years and state prison and fines as high as $10,000.
Additionally, there are other criminal penalties you could face as well. Some of these include:
- Vehicle impoundment
- Points being added to your driver’s license
- License suspension or revocation
- Completion of court-ordered driver retraining classes
- Completion of community service hours
- Completion of substance-abuse treatment
What Collateral Penalties Can You Face if Convicted?
There are also collateral consequences you could be facing if you are found guilty of reckless driving under CA Vehicle Code §23103. Some of the more common ways your life could be affected by a conviction include:
- Car insurance rate increases
- Issues with immigration or citizenship
- Child custody or visitation troubles
- Loss of firearm rights
- Loss of federal student aid eligibility
- Trouble finding or maintaining gainful employment
- Trouble finding safe or affordable housing
- Difficulty maintaining relationships with family and friends
- Suspension or revocation of your professional licenses
With consequences this severe, it is critical that you take steps to protect yourself if you have been charged with reckless driving. A DUI lawyer in Los Angeles could help you prepare a compelling defense strategy so you can avoid the fallout of a conviction.
How Can I Challenge the Charges for Reckless Driving Under CA Vehicle Code §23103?
There are several ways in which you could defend yourself against the reckless driving charges against you. If you were previously facing a DUI, the state’s prosecuting attorney may be willing to reduce your charges down to reckless driving or a lesser offense as part of the terms of your plea agreement.
However, in some instances, it is important to take steps to challenge the charges against you. Some of the more common defenses against reckless driving under VC §23103 include:
- The defendant was not the driver – The defendant must have been the person operating the vehicle at the time of the incident to be convicted under §23103 VC.
- The driving was not considered reckless – Under the law, if the car was not operated with wanton disregard for the safety of others or property, nor did the driving occur on off-street parking facilities or highways, the charges under Vehicle Code §23103 would not apply.
- The reckless driving was out of necessity – Defendants who had good cause to drive recklessly may be able to avoid being found guilty of the offense. For example, if there was a medical emergency, you were being forced to drive recklessly against your will, or otherwise had no other choice but to drive recklessly, this defense would apply.
Can a Reckless Driving Conviction Be Expunged?
You may be eligible for a record expungement if you are convicted of reckless driving and you complete your probation or jail term. If you are found violating the terms of your probation, you may still be eligible for record expungement, depending on the details of your case.
What Is a Wet Reckless?
When someone is facing DUI charges, reducing their charge from a DUI to reckless driving involving alcohol or drug use as part of a plea agreement is known as a wet reckless.
Individuals who could face devastating collateral consequences, including the suspension or revocation of their professional licenses, could benefit the most from getting their DUI charges reduced to a wet reckless.
Contact a Los Angeles DUI Lawyer for Help
If you are hoping to avoid the harsh consequences that come with a DUI conviction, getting your charges reduced to reckless driving under CA Vehicle Code §23103 could be in your best interests.
Get help securing a favorable outcome in your DUI case when you contact an experienced Los Angeles DUI lawyer for help.