Reckless driving in California is covered by Vehicle Code 23103 VC in the state law. Everything concerning reckless driving, including how it is defined and the respective punishments if guilty of reckless driving, are all contained in that chapter of the law.

This article will discuss what Vehicle Code 23103 VC considers as “reckless driving” as well as the penalties, legal defenses, and other possible outcomes and consequences when charged with reckless driving.

If you have questions regarding traffic laws and reckless driving laws in California, don’t hesitate to talk to our Upland California criminal defense attorneys at the Law Office of Marc Grossman.

Reckless Driving Defined

According to the vehicle code, reckless driving is the act of intentionally or deliberately driving on a highway while having no disregard for the safety of other people or their property. Examples of this include street or drag racing, doing fast donuts in a parking lot, or speeding through a school zone.

To prove that you are guilty of reckless driving, the prosecution must be able to prove that you:

1. Were driving a vehicle on a highway or off-street parking facility, and
2. >Were driving with wanton disregard for the safety of persons or property.

“Highways” include publicly maintained roads that are accessible for use by the public while “off-street parking facility” includes both public parking facilities and private parking facilities accessible to customers for free like those found in malls. This excludes private parking facilities not accessible by the public, including employee parking facilities.

On the other hand “wanton disregard for safety” is defined as being aware of the substantial and unjustifiable risks brought about by one’s action, but also intentionally ignoring these risks. This also means that a driver does not have to intend to cause harm to be reckless.

This also means that simply speeding does not make you guilty of reckless driving. A person speeding on an empty road will be guilty of speeding and get a speeding ticket, but not reckless driving because he is not putting anyone at risk for his actions. This is in contrast to speeding through heavy traffic where many people will be put at significant risk.

Reckless Driving Penalties

Violation of 23103 VC is a misdemeanor. The crime is punishable by a fine ranging from $145 and $1,000, imprisonment from anywhere between 5 days and 90 in county jail, or both. Being guilty of reckless driving also results in two points being put on your driver’s license by the California Department of Motor Vehicles (DMV) which will remain on your record for 13 years.

If a driver accumulates 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months, he will be considered a “negligent driver” and may face probation or license suspension.

A driver does not have to cause injury to be guilty of reckless driving, but if he does, the severity of the injury will contribute to the degree of the punishment the driver will face.

Reckless driving causing minor injuries is still considered a misdemeanor, but with penalties increased to 30 days to one year in jail, a $220-$1,000 fine, or both. If serious injuries are caused, the offense will be a wobbler offense which means it can be charged as a misdemeanor or a felony.

Felonious reckless driving is punishable by fines of up to $10,000, three years in state prison, or both.

Legal Defenses to Reckless Driving Charges

When faced with a reckless driving charge, it is the job of your criminal defense attorney to build a defense to protect you and have your charge either reduced or dismissed entirely.

Common defenses include:

1. Necessity,
2. Non-recklessness of the driver
3. The defendant was not the driver.

Necessity

A defendant may try to defend his actions using the necessity defense, which is sometimes also referred to as “guilty with an explanation”. This means that the defendant will try to justify his reckless driving with reasons that may include emergencies.

Pleading guilty with an explanation involves being able to prove that the necessity was real and valid. This includes presenting accident reconstruction, CCTV footage, and witness statements to the prosecutor and the court. Your Upland criminal defense lawyer should be able to determine which evidence to use best in your specific scenario.

Non-Recklessness of the Driver

For you to be guilty of being reckless, the prosecution must be able to prove without a reasonable doubt that you were driving with deliberate disregard for the safety of others. This can be opposed by showing that you weren’t intentionally ignoring the risks of harm to others when you were driving.

The Defendant Was Not the Driver

Only a driver can be guilty of reckless driving, so if your criminal lawyer can prove that you weren’t driving, you are automatically not charged with reckless driving.

If you are currently facing reckless driving charges, be sure to get in touch with our criminal defense lawyers immediately at the Law Offices of Marc Grossman, a Upland, California criminal defense law firm We will help you build the best defense right away.

An involuntary manslaughter conviction brings harsh consequences. If you get convicted, you’ll face punishment such as imprisonment and hefty fines. To prevent a guilty verdict, it’s best to know all about this crime and how to defend against it.

This article will discuss how involuntary manslaughter is defined and how you can defend against charges. If you’re facing involuntary manslaughter charges, it’s best to contact our Upland criminal defense attorney to fight for you!

How does California Criminal Law define Involuntary Manslaughter?

Under Penal Code 192b, the prosecutor has to prove the following elements to convict you of manslaughter:

• You committed an act in California that’s not inherently dangerous;
• The act was done with criminal negligence;
• The actions caused the death of a person.

These constitute involuntary manslaughter. Let’s analyze each element deeper to see how these elements will be used in the courtroom:

1. Wrongful act

You can’t be charged with involuntary manslaughter if you’re not intentionally committing a wrongful act. The wrongful act can be a/an:

• Infraction (traffic violation),
• Misdemeanor (shoplifting a small amount),
• Felony that’s not inherently dangerous (like a robbery), or
• A lawful act is done unlawfully.

The act must not be dangerous by its nature. If you committed an unlawful act like a felony that can be harmful, such as arson, then it will not fall under involuntary manslaughter.

2. Criminal Negligence

The prosecution also has to show that your actions were criminally negligent to convict you of involuntary manslaughter.

Criminal negligence is not just carelessness, indifference, lack of intention. For you to act in a negligent manner:

• You have to act recklessly in a way that risks death or serious bodily injury;
• Any reasonable human being can see that knowingly acting that way creates that risk.

If the prosecution cannot show that you acted in a reckless manner that risks harm, then it cannot be involuntary manslaughter.

3. Cause Death

The prosecutors also have to show that any reasonable person can see that your actions caused the loss of human life.

What are the Penalties?

Involuntary manslaughter is punishable as a felony in California. If you’re convicted, you might be facing:

• Felony (formal) probation ;
• Two-four years incarceration; and
• Up to $10 000 in fines.

You might also be sued by the victim’s family, too. If they win their civil lawsuit against you, you’ll be facing very hefty judgments.

If you used a deadly weapon like a firearm and you’re found guilty, then the conviction counts as a strike under the “three strikes law.”

How Can I Defend Myself?

If you’re charged with involuntary manslaughter, a skilled criminal defense attorney can help prove your innocence. Here are some strong defense options that your attorney can use in court.

Self-Defense

If you acted in self-defense or defending others, you cannot be found guilty.

Your attorney has to prove all of the following to show that you acted in self-defense

• You reasonably believed that there was a danger that you or someone would be killed, suffer great bodily harm, or be robbed, raped, or maimed;
• You had reason to believe that it was necessary to use deadly force
• There was reason to believe that deadly force was needed to prevent the danger; and
• You only used the necessary force.

A skilled lawyer can prove all of the above and prove you innocent of involuntary manslaughter.

Accidental Killing

It’s also possible to show that the death was by accident or unintentional.

For this defense, you’ll need to show that you:

• Were not acting with criminal negligence at the time of the killing;
• Had no intent to harm;
• Was performing a lawful act during the accident.

There is insufficient evidence to convict you

A skilled defense attorney can take an ordinarily open-and-shut case and turn it in your favor. One great way they can do this is by proving that there isn’t enough evidence to prove that you committed any crime.

Your defense lawyer will conduct their investigation. They will examine all evidence, from interviewing witnesses to involving forensics to find out what happened. They can show that there’s not enough proof to warrant a conviction.

You were falsely accused or wrongfully arrested

There could also be other people out to get you and falsely accuse you of involuntary manslaughter. It could be the actual offender who wants to deny blame and pin it on the defendant or someone who wants to cause you harm.

Regardless, an experienced defense attorney understands all the factors at play and can pull up the right tools to defend you from false accusations.

Final Thoughts

Criminal convictions can get you punished with the full force of the law. You’ll be looking at heavy fines and sentencing, not to mention the consequences it carries for life. A skilled defense lawyer can help prevent that and keep your criminal record clean.

If you need a criminal defense lawyer, call us at Law Offices of Marc Grossman!  We have 100 years of combined experience defending different criminal charges such as:

• Involuntary manslaughter,
• Reckless Driving
• Driving under the influence
• Aggravated Assault
• Homicide
• Attempted Murder

Our Upland attorneys know the criminal justice system inside-out. If you feel that the entire system is out to get you, we’ll stand as your legal representation to fight for you.

If you’re facing criminal charges, call our Upland criminal defense lawyers now and get help with your case!