Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Reckless Driving Causing Injury

Reckless driving is a serious traffic offense, but when it results in injury to another person, it becomes a criminal matter carrying severe consequences, including jail time, fines, license suspension, and a permanent criminal record.

Under California Vehicle Code §23104, reckless driving causing injury occurs when a person drives a vehicle “in willful or wanton disregard for the safety of persons or property,” and that conduct directly causes bodily injury to another individual.

Prosecutors and judges treat these cases as far more serious than ordinary traffic violations because they often involve excessive speed, aggressive maneuvers, or street racing that results in crashes, pedestrian injuries, or damage to other vehicles.

If you’ve been charged with reckless driving causing injury, it’s crucial to seek immediate legal representation. An experienced attorney can help you challenge the prosecution’s evidence, protect your driving privileges, and fight to avoid a criminal conviction.

San Diego Reckless Driving Defense Attorney

Attorney Michael Cindrich has extensive experience defending clients charged with serious vehicular crimes throughout San Diego County, including reckless driving, DUI, and vehicular manslaughter.

He understands that not every collision involving injury is the result of criminal recklessness. Many cases stem from momentary distractions, poor weather, or unexpected actions by other drivers. Attorney Cindrich investigates every angle, from accident reconstruction to witness credibility, to ensure that clients are not unfairly punished for accidents that were not crimes.

The Law Offices of Michael E. Cindrich represent clients across San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.
For a free, confidential consultation, call (619) 262-2500 today.

Overview of Reckless Driving Causing Injury in San Diego

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Definition of Reckless Driving Causing Injury

Under California Vehicle Code §23104(a):

“A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property, and as a result of that driving causes bodily injury to a person other than themselves, is guilty of reckless driving causing injury.”

This means the prosecution must prove two main elements:

  1. The driver acted with willful or wanton disregard for safety, a conscious and intentional act of dangerous driving, not a mere accident or mistake.
  2. The conduct caused bodily injury to another person, whether a passenger, another driver, pedestrian, or cyclist.

“Willful or wanton disregard” means the driver knew their actions posed a risk of injury but chose to ignore it.

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Examples of Reckless Driving Causing Injury

Common examples include:

  • Speeding excessively through residential or school zones.
  • Weaving in and out of traffic at high speeds.
  • Street racing or drag racing on public roads.
  • Running red lights or stop signs and colliding with another vehicle.
  • Tailgating or road rage incidents leading to a crash.
  • Passing illegally on blind turns or in opposing lanes.

In each case, prosecutors must show not only that the driving was reckless, but that it directly caused another person’s injury.

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Penalties for Reckless Driving Causing Injury

Reckless driving causing injury under Vehicle Code §23104 is a “wobbler” offense — meaning it can be charged as either a misdemeanor or felony, depending on the severity of injuries and the driver’s history.

Misdemeanor Reckless Driving Causing Injury

  • 30 days to 1 year in county jail
  • Fines between $220 and $1,000
  • Misdemeanor probation (1–3 years)
  • Driver’s license suspension or restriction
  • Restitution to the victim

Felony Reckless Driving Causing Serious Injury

If another person suffers great bodily injury (GBI) — such as broken bones, head trauma, or permanent disfigurement — prosecutors may file the case as a felony under Penal Code §12022.7.

Penalties include:

  • 16 months, 2 years, or 3 years in state prison
  • Fines up to $10,000
  • Felony probation or parole
  • Three points added to the DMV driving record
  • Possible “strike” enhancement if great bodily injury is proven

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Key Elements a Jury Considers in Reckless Driving Causing Injury Cases

To convict someone under Vehicle Code §23104, the prosecution must prove the following beyond a reasonable doubt:

  • The Defendant Operated a Vehicle: The accused was the driver at the time of the incident.
  • Willful or Wanton Disregard: The defendant intentionally drove in a dangerous manner, aware that their actions could cause harm.
  • Causation: The reckless driving directly resulted in bodily injury to another person.
  • Bodily Injury: The victim suffered a physical injury, however minor (scrapes, bruises, fractures, etc.).

If any element is missing, for example, if the injury was unrelated to the driving or if the conduct was merely negligent, the charge may be reduced or dismissed.

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Defenses to Reckless Driving Causing Injury

A strong legal defense can make the difference between jail time and dismissal. Common defenses include:

  • No Reckless Intent: The defendant’s conduct may have been negligent or careless, but not willfully reckless.
  • No Causation: The injury was caused by another driver, mechanical failure, or unrelated circumstances.
  • Emergency or Necessity: The driver acted to avoid immediate danger or harm.
  • Insufficient Evidence: Lack of witnesses, video footage, or reliable accident reconstruction data.
  • Mistaken Identity: The defendant was not the driver involved.
  • Constitutional Violations: Improper arrest procedures, unlawful stops, or violations of Miranda rights.

In some cases, an attorney can negotiate a reduction to simple reckless driving (§23103) or a wet reckless (§23103.5) for drivers initially charged under DUI-related statutes.

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Role of a San Diego Reckless Driving Defense Attorney

  • Accident Reconstruction and Evidence Review: Analyzing crash reports, vehicle data, and witness statements to determine whether the client’s driving actually caused the injury.
  • Negotiation with Prosecutors: Seeking reductions to lesser charges such as negligent driving or simple reckless driving to avoid jail and preserve driving privileges.
  • Challenging Great Bodily Injury Enhancements: Contesting claims of “GBI” that can elevate the charge to a felony or add years to a sentence.
  • Protecting the Driver’s Record: Working to minimize DMV points and prevent automatic license suspensions.
  • Post-Conviction Relief: Pursuing expungement under Penal Code §1203.4 after probation or sentence completion.

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Frequently Asked Questions

Q: Is reckless driving causing injury a felony in California?
 A: It can be. If the injuries are serious or if the defendant has prior convictions, the case may be charged as a felony under Vehicle Code §23104(b).

Q: What is considered “great bodily injury”?
 A: Injuries that are significant or substantial, such as broken bones, concussions, or permanent scars, can qualify as great bodily injury.

Q: Can I lose my license for reckless driving causing injury?
 A: Yes. The DMV may suspend or restrict your driving privileges upon conviction, especially if you already have prior moving violations.

Q: How is this different from DUI causing injury?
 A: DUI causing injury requires proof of intoxication, while reckless driving causing injury focuses solely on dangerous driving behavior, regardless of alcohol or drugs.

Q: Can my charge be reduced?
 A: Yes. An attorney may negotiate a reduction to simple reckless driving (§23103) or negligent driving (§23103(a)), which carry lighter penalties and no felony record.

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Additional Resources

California Vehicle Code §23104 – Reckless Driving Causing Injury: Defines reckless driving causing bodily injury and lists potential penalties.

California Penal Code §12022.7 – Great Bodily Injury Enhancement: Adds sentence enhancements when victims sustain significant injury.

California Jury Instructions (CALCRIM No. 2200) – Reckless Driving: Judicial Council of California – CALCRIM 2200 – Explains the elements jurors must consider in reckless driving prosecutions.

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Hire a Defense Attorney for Reckless Driving Causing Injury Charges in San Diego County, CA

A conviction for reckless driving causing injury can follow you for years, affecting your insurance, employment, and ability to drive. Don’t face it alone.

The Law Offices of Michael E. Cindrich defend clients charged with reckless driving, DUI, and vehicular injury crimes throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.

Protect your freedom, your license, and your future. Contact Attorney Michael Cindrich today for a free, confidential consultation at (619) 262-2500.