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Reckless Driving Cases in Orange County

Vehicle Code section 23103(a) says, "Any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving."   Willful implies intent or purpose, while wanton expresses a reckless disregard of consequences.   In plain English, Vehicle Code 23103 makes it illegal to voluntarily drive a motor vehicle with an intentional or conscious disregard for the safety of persons or property.

Reckless driving is a misdemeanor and the potential consequences are immense.   If you are convicted of reckless driving, you could face a maximum of 90 days in jail and a fine of $1000.00.   It also counts as 2 points on your driving record and could have severe implications on your privilege to operate a motor vehicle.   It would undoubtedly cause any person's insurance rates to skyrocket.   A reckless driving conviction can also have a negative impact on a person's employment, especially if you drive for a living.   Compare this to an average speeding ticket.   The average violation for speeding is not a misdemeanor, but an infraction, which is not punishable by incarceration.   Speeding is only 1 point on your driving record, which can often be erased by traffic school.   None of this is true for reckless driving.

There is a great deal that an experienced attorney can do for people accused of reckless driving.   As with any misdemeanor, we can appear on your behalf, so you don’t have to take time away from work or school to sit around the courthouse.   The facts spelled out by the police in his or her report is also critical to begin formulating defenses on your behalf.   In Orange County, you can’t get the police report unless you request it from the police yourself.   And even then, the police must redact personal information, charge you a fee, and you may not receive all the reports that were generated.   However, rules of discovery say that your attorney must receive all reports generated by police in your case, automatically, unredacted, and usually at no charge.   It is important to see what factors the police say led to being considered a reckless driver .   For example, your speed alone cannot constitute a reckless driving conviction, per California Jury Instruction section 16.841.   Without an experienced attorney fighting for you, you are left to hopelessly stagger through the minefield that is the court process alone.