Reckless driving is not just making mistakes behind the wheel, it is a deliberate decision to operate a vehicle in a dangerous manner that can put nearby road users at serious risk. In California, such conduct is not simply about breaking the rules, it is about showing a conscious disregard for the safety of others. Knowing what constitutes reckless driving is important as a conviction can result in fines, license suspension, or even prison sentences.ย
What Is the Meaning of Reckless Driving Under California Law
California classifies such behavior (under California Vehicle Code ยง 23103) as driving โin a willful or wanton disregard for the safety of persons or property.โ This definition covers various types of conduct, such as speeding or ignoring traffic signs or signals. Basically, any intentional actions that ignore significant risk to others can be considered as reckless driving.
Crashes caused by someone elseโs driving can lead to physical harm, emotional trauma, and property damage. Even minor cases may result in medical bills, lost income, and ongoing care. Since these collisions stem from a driverโs disregard for safety, affected individuals may be entitled to seek compensation for losses incurred.
Reckless vs. Aggressive Driving
The primary difference between reckless driving and aggressive driving is that victims hit by a reckless driver often suffer serious injuries after their car accident.ย Reckless driving requires engaging in unsafe behavior, while aggressive driving requires unsafe behavior along with the intent to harm other drivers, or also commonly referred to as โroad rageโ.
Aggressive driving can involve behaviors intended to harass, intimidate, injure, or obstruct other drivers, including:
- Ignoring traffic signs or signals
- Driving on the wrong side of the road or outside designated lanes
- Improper passing
- Failure to yield
- Tailgating
- Stopping on a highway
While many states have separate statutes for aggressive driving and reckless driving โ California does not, as thereโs no legal distinction between the two.ย
Both reckless driving and aggressive driving are treated as criminal offenses and are typically considered and charged as misdemeanors.ย
What Behaviors Constitute Reckless Driving?
Reckless driving is a serious offense in California and can result in dire legal consequences. The most common behaviors that constitute reckless driving in California include:
- Speeding, racing, weaving in and out of trafficย
- Tailgating, running red lights or stop signs
- Failing to yield the right of way
- Running red lights or stop signs
Other common behaviors that constitute reckless driving include:
- Failing to yield the right of way to other drivers
- Distracted driving, such as texting while drivingย
- Impaired driving, such as driving under the influence of drugs or alcohol
- Excessive horn honking or making rude gestures at other drivers
If convicted of reckless driving, a driver may face fines, jail time, license suspension or revocation, community service, or points on their license. Itโs essential for all drivers to be aware of the behaviors that constitute reckless driving in California so they can avoid them and keep the roads safe for others.ย
What Speed is Considered Reckless Driving?
In California, reckless driving is any speed that is 15 mph over the legal limit.ย Californiaโs absolute speed limits prohibit driving faster than:
- 70 mph on freeways posted for that speed (CVC ยง 22356)ย
- 65 mph on freeways and other highways (CVC ยง 22349)
- 55 mph on two-lane, undivided highways, unless posted for a higher speed (CVC ยง 22349(b))
Anyone who drives faster than these speed limits are violating state law.
California also prohibits driving faster than is safe for normal conditions โ this means that regardless of the speed limit posted, speeding can be considered on other factors such as the presence of pedestrians, other vehicles, as well as road and weather conditions.
What Is the Punishment for Reckless Driving in California?
In California, the consequences and punishment for reckless driving depends on the driverโs actions and severity of the injuries they caused. For instance, common penalties for reckless driving may include the following:
- Monetary fines
- Jail or probation time
- Driverโs license suspension or revocationย
- Increases auto insurance premiums
In addition, the California Department of Motor Vehicles (DMV) may add two points to the driverโs license for reckless driving, which may count as a conviction against them in future license suspension or other legal proceedings.ย
Furthermore, the reckless driverโs auto insurance premiums may significantly increase as a result of their conviction depending on their individual risk to others. In some cases, providers may even decide to drop the insurance coverage altogether. However, these are the baseline consequences that apply to most cases regardless of whether bodily harm is involved.
Penalties When No One Is Injured
If no one is injured as a consequence of reckless driving other than the driver, they can expect the following punishment:
- County jail for a minimum of 5 days and a maximum of 90 days
- Fines between $145 and $1,000
- Or combined
These punishments are established to deter reckless behavior even when no immediate harm occurs.
Penalties When Someone Is Injured
If ย reckless driving causes an injury to another person, consequences become more severe:
- Jail for no less than 30 days or more than 6 months
- A fine ranging between $220 and $1,000
- Or both
Under California Penal Code ยง 245(a)(1), assault with a deadly weapon (ADW) may apply to reckless driving when a vehicle is being used in a way that could inflict serious bodily harm or death, showing a reckless disregard for safety.ย
While reckless driving is usually treated as a traffic violation, certain conduct, like driving at extreme speeds or targeting pedestrians can escalate the offense to felony ADW.
Alcohol-Related Reckless Driving
Alcohol-related reckless driving, also referred to as “wet reckless” under CVC ยง 23103.5, is a lesser charge than a DUI. However, it still acknowledges alcohol involvement. Convictions may result in 1-2 years of probation, in which the court may require treatment programs or alcohol education.ย
Jail time will be up to 90 days and fines up to about $1,000 are possible, but may not be imposed if probation is granted. Probation conditions, including mandatory programs, are at the court’s discretion. Additionally, a wet reckless may count as a prior offense for future cases.
Felony Reckless Driving
In cases where reckless driving becomes a felony, penalties can include imprisonment in a county jail or state prison up to 3 years and/or fines up to $10,000. If the jury finds that the driver is considered risky, the judge may decide to suspend their driverโs license for the following periods of time:
- First conviction: Up to 30 days suspension
- Second conviction: Up to 60 days suspension
- Third or subsequent: Up to 6 months suspensionย
- Three reckless driving convictions within 1 year: Possible revocation for 6 months to life
- Reckless driving causing death: Minimum 3-year revocation (may be longer based on the felony conviction)
Victim of a Reckless Driving Accident? Get the Help You Deserve Today
Have you or someone you love been injured in an accident caused by someoneโs reckless driving? Victims who were injured in a car accident caused by an aggressive driver may be eligible to file a personal injury claim for damages.ย
If youโve been injured as a result of someoneโs aggressive driving, you have the legal right to hold them responsible for their actions and in recovering your losses. Our qualified car accident attorneys can help you get the justice and compensation you deserve.ย
To schedule a FREE consultation with our dedicated personal injury lawyers at West Coast Trial Lawyers, please donโt hesitate to contact us by calling (213) 927-3700 or filling out our quick online contact form.
