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

Reckless Driving

Reckless driving is one of California’s most commonly charged serious traffic crimes. Defined under Vehicle Code §23103, it involves operating a vehicle with “willful or wanton disregard for the safety of persons or property.” Unlike a simple speeding ticket or minor traffic violation, reckless driving is a criminal misdemeanor that can result in jail time, heavy fines, and a permanent mark on your driving record.

A conviction can also lead to license suspension, higher insurance premiums, and even felony charges if an accident causes injury or death. Because reckless driving cases often depend on officer interpretation and subjective judgment, having a knowledgeable defense attorney can make the difference between dismissal and conviction.

San Diego Reckless Driving Defense Attorney

A reckless driving charge can stem from something as simple as a momentary lapse in judgment, speeding, swerving, or reacting to another driver’s aggression. However, once cited or arrested under Vehicle Code §23103, you face criminal penalties that go far beyond ordinary traffic consequences.

If you have been accused of reckless driving, it’s crucial to contact a criminal defense attorney immediately. Law enforcement and prosecutors may exaggerate what occurred, interpreting normal driving errors as criminally reckless conduct. An experienced attorney can challenge those assumptions, question officer testimony, and work to protect your driving privileges and record.

Attorney Michael Cindrich has extensive experience defending clients charged with traffic-related misdemeanors and felonies across California. His firm regularly handles cases involving reckless driving, DUI, hit and run, and other serious vehicular crimes.

The Law Offices of Michael E. Cindrich serve 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.

Call (619) 262-2500 for a free, confidential consultation.

Overview of Reckless Driving Charges in San Diego

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Definition of Reckless Driving (Vehicle Code §23103 VC)

California Vehicle Code §23103 defines reckless driving as operating a vehicle “in willful or wanton disregard for the safety of persons or property.”

Key points include:

  • “Willful” means the driver acted intentionally, not accidentally.
  • “Wanton disregard” means the driver knew their behavior posed a risk but ignored the danger.
  • The law applies to any vehicle on a highway or in an off-street parking facility (such as a shopping center or private lot).

Reckless driving does not require that an accident or injury occurred, only that the driving was dangerous enough to endanger others.

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Common Examples of Reckless Driving

  • Driving at excessive speeds in congested traffic
  • Weaving through lanes or tailgating
  • Street racing or engaging in road rage behavior
  • Running red lights or stop signs while speeding
  • Fleeing law enforcement or ignoring traffic control devices
  • Performing dangerous stunts or “drifting” in parking lots

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Penalties for Reckless Driving

Misdemeanor Reckless Driving

  • Up to 90 days in county jail
  • Fines between $145 and $1,000
  • 2 points on your DMV record
  • Up to 6 months’ license suspension
  • Probation, community service, or driving safety classes

Reckless Driving Causing Injury (Vehicle Code §23104)

If another person suffers bodily injury, the offense becomes a wobbler, meaning it can be charged as a misdemeanor or felony.

  • Misdemeanor: Up to 6 months in jail and/or $1,000 fine
  • Felony: 16 months, 2 years, or 3 years in state prison

Reckless Driving Causing Great Bodily Injury – Under Penal Code §12022.7, if the reckless driving causes great bodily injury (GBI), an additional 3 to 6 years can be added to the sentence.

DMV and Insurance Consequences – A conviction adds two points to your DMV record, which can trigger license suspension for habitual offenders. Auto insurers often treat a reckless driving conviction as equivalent to a DUI, leading to major premium increases or policy cancellation.

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Key Elements a Jury Considers in Reckless Driving Cases

When evaluating a reckless driving case under Vehicle Code §23103, jurors must determine whether the prosecution has proven each element beyond a reasonable doubt.

  • Willful or Wanton Disregard for Safety: The jury considers whether the driver knowingly ignored obvious risks to others’ safety. Ordinary negligence or mistakes in judgment are not enough to prove this element.
  • Danger to Persons or Property: Jurors assess whether the conduct endangered someone or something, even if no accident occurred. This includes other drivers, pedestrians, or property such as vehicles or barriers.
  • Evidence of Driving Behavior: The jury looks at objective evidence, such as speed, road conditions, traffic volume, and whether the defendant was racing or making unsafe maneuvers.
  • Credibility of Law Enforcement Testimony: Officer opinions are often subjective. Jurors are instructed to evaluate whether the officer’s observations are consistent, credible, and supported by physical evidence or witness statements.
  • Presence of Intent: Jurors must determine if the driver acted intentionally and consciously disregarded safety, rather than reacting instinctively or making a one-time error.

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Defenses to Reckless Driving Charges

Common defenses in reckless driving cases include:

  • Lack of Intent – The driver did not act willfully or with disregard for safety.
  • Emergency Situation – The defendant was responding to an emergency, such as avoiding a collision or medical crisis.
  • Insufficient Evidence – The prosecution’s case relies solely on officer opinion without corroborating evidence like radar, video, or eyewitness accounts.
  • Mistaken Identity – The defendant was not the driver or was wrongly accused based on vehicle description.
  • No Actual Danger – The conduct, though unwise, did not actually endanger others.
  • Speeding Alone – Excessive speed by itself does not constitute reckless driving unless combined with other dangerous behavior.

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Role of a San Diego Reckless Driving Attorney

  • Immediate Review of Police Reports and Dashcam Footage – The attorney analyzes traffic reports, officer notes, and any body-worn or dashcam footage to determine whether the alleged conduct meets the legal definition of reckless driving.
  • Challenging Officer Observations and Subjectivity – Since many cases depend on an officer’s opinion, the attorney cross-examines the arresting officer and challenges inconsistencies between testimony and physical evidence.
  • Obtaining and Reviewing Expert Analysis – When appropriate, accident reconstruction or speed analysis experts are used to challenge the state’s interpretation of events.
  • Negotiating Charge Reductions – The attorney may negotiate a plea to a lesser offense such as “exhibition of speed” (Vehicle Code §23109(c)) or “unsafe driving,” both of which carry fewer penalties and no criminal record.
  • Protecting Driving Privileges – The lawyer represents clients at DMV hearings to prevent or reduce license suspension.
  • Expungement and Record Protection – After case resolution, the attorney may seek expungement under Penal Code §1203.4 to clear the record and help restore employment or licensing opportunities.

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Frequently Asked Questions

Q: Is reckless driving the same as speeding?

A: No. Speeding is an infraction, while reckless driving is a misdemeanor requiring willful disregard for safety.

Q: Can reckless driving be reduced to a lesser charge?

A: Yes. Skilled attorneys often negotiate for reductions to infractions such as unsafe speed or failure to obey traffic control devices.

Q: Will a reckless driving conviction affect my insurance?

A: Yes. Insurers treat reckless driving similar to DUI, often resulting in higher premiums or loss of coverage.

Q: Can reckless driving be charged without an accident?

A: Yes. Prosecutors can file charges based solely on behavior deemed dangerous, even if no collision or injury occurred.

Q: How long does reckless driving stay on my record?

A: It remains on your DMV record for at least 7 years and on your criminal record permanently unless expunged.

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Additional Resources

California Vehicle Code §23103 – Reckless Driving: Defines reckless driving, including the elements of willful or wanton disregard and the applicable penalties.

California Jury Instructions (CALCRIM No. 2200) – Reckless Driving: Explains the elements a jury must find true to convict someone of reckless driving, including the role of intent and endangerment.

California DMV – Driver Record and Points System: Outlines how reckless driving affects your driving record, license suspension, and insurance status.

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

A reckless driving charge is more than a traffic ticket—it’s a criminal offense that can affect your freedom, finances, and future. Hiring an experienced criminal defense attorney immediately gives you the best chance of protecting your record and minimizing the impact of the case.

The Law Offices of Michael E. Cindrich represent clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.

Don’t risk your license or your livelihood. Contact Attorney Michael Cindrich today for a free consultation at (619) 262-2500.