Being convicted under California Vehicle Code 23104 for reckless driving causing bodily injury can have severe consequences, including potential felony charges, lengthy jail time, hefty fines, and a permanent criminal record. If you or a loved one is facing these serious charges, it’s best to have an experienced Los Angeles DUI lawyer on your side.
Do you fully understand the specifics of VC 23104? Trust the skilled guidance of defense attorneys with almost two decades of legal experience to cover the basics of reckless driving, including examples, penalties, legal defenses, and more.
The Basics of Being Charged With Reckless Driving Causing Bodily Injury- CA Vehicle Code 23104
California’s vehicle codes cover a wide range of offenses and create a legal framework that safeguards victims and punishes offenders to deter future instances from occurring. CA Vehicle Code 23104 is considered a more serious offense compared to standard reckless driving (VC 23103), as it involves causing actual physical harm to someone.
Under VC 23104, reckless driving that leads to bodily injury is punishable as a misdemeanor, with the potential penalties including:
- Up to one year in county jail
- Fines ranging from $220 to $1,000
- Probation of three to five years
- A minimum one-year suspension of the driver’s license
The degree of injury sustained by the victim may lead to felony charges under related laws such as vehicular assault. To be convicted under VC 23104, the prosecution must prove the driver was engaged in reckless driving and that their actions directly caused injury to another person.
What Factors Are Considered in Determining the Severity of the Charges Under VC 23104?
There are several key factors that can influence the severity of the charges and potential penalties under California Vehicle Code 23104 for reckless driving causing bodily injury:
- Extent of Injuries: The more serious the injuries sustained by the victim, the more severe the charges are likely to be. Serious bodily injury may result in felony charges. Injuries requiring extensive medical treatment, hospitalization, or resulting in permanent impairment will typically result in harsher penalties.
- Degree of Recklessness: The level of recklessness exhibited by the driver, such as extremely high speeds, DUI, street racing, or other egregious behavior, can increase the severity. Reckless actions demonstrating a willful disregard for human life are viewed more harshly.
- Criminal History: If you have prior convictions for reckless driving, DUI, or other serious driving offenses, you are more likely to face felony charges and enhanced penalties. A clean driving record may allow for more lenient misdemeanor charges in some cases.
- Presence of Aggravating Factors: Additional factors like fleeing the scene, driving with a suspended license, or having a high blood alcohol content can lead to increased charges. Causing injury to vulnerable road users like pedestrians or cyclists is also viewed as an aggravating factor.
- Prosecutorial Discretion: Ultimately, the prosecutor has some discretion in determining the specific charges based on the unique circumstances of the case. Depending on the severity of the incident and other contextual factors, they may choose to pursue misdemeanor or felony charges.
An experienced DUI defense attorney in Los Angeles can examine the details of the case and work to minimize the charges and penalties by using these various factors to create a solid legal strategy regardless of whether you were sober or intoxicated.
Legal Strategies Available for Reckless Driving Offenders
A successful traffic attorney can employ various legal strategies to argue reduced charges in a California Vehicle Code 23104 case for reckless driving causing bodily injury:
- Challenging the Recklessness Element: The attorney can scrutinize the evidence to challenge the prosecution’s assertion that the driver’s actions constituted “reckless driving.” They may argue that the driving, while potentially unsafe, did not rise to the level of willful disregard for safety required for reckless driving. This could potentially downgrade the charges.
- Emphasizing the Clean Driving Record: As mentioned earlier, the attorney can use the driver’s lack of prior driving offenses as a key mitigating factor. They can argue the incident was an isolated lapse in judgment and not indicative of a pattern of dangerous behavior. A clean record history may persuade the prosecutor to reduce the charges.
- Negotiating a Plea Bargain: The attorney may negotiate with the prosecutor to reach a plea bargain agreement. They could potentially plead the driver to a lesser charge, such as misdemeanor negligent driving or a traffic infraction. This can help the driver avoid the most severe penalties associated with a VC 23104 conviction.
- Presenting Mitigating Evidence: The attorney can gather and present additional evidence that paints you in a favorable light. This could include witness statements, evidence of remorse, or demonstrations of your typically safe driving habits. Providing a comprehensive, nuanced picture of the incident and the driver’s character can aid in charge reduction.
- Exploring Diversion Programs: In some cases, an attorney may be able to get you into a diversion program. This allows you to complete certain requirements, such as defensive driving courses, in exchange for the charges being dismissed or reduced.
Protect Your Rights with an Experienced Defense Attorney
If you or a loved one has been charged with reckless driving causing bodily injury under California Vehicle Code 23104, don’t face the consequences alone.
Consult with an experienced Los Angeles DUI attorney who can evaluate the details of your case and develop a strategic legal defense to potentially reduce the charges and penalties.
