A Los Angeles Reckless Driving Lawyer Explains the Ramifications of the Charge – CVC Section 23103
Any Los Angeles reckless driving lawyer will tell you that unlike a moving violation charge, reckless driving is a misdemeanor crime on par with drunken driving. This means you will be arrested, and that you can lose your license, be assessed severe fines, or even land in jail. And as if those penalties aren’t enough, a conviction means a criminal traffic offense on your record. If you’re on parole, your parole can be revoked, and if you’re not a citizen, you can be deported.
Speeding is probably the most common reckless driving charge, as anything twenty miles over the posted speed limit (as well as anything in excess of eighty miles per hour) can be considered reckless. And while the following infractions may not seem extreme—indeed, the cause can be as simple as absentmindedness—they can be construed as dangerous and result in a reckless driving charge:
- Driving too aggressively, e.g. weaving through traffic
- Passing a stopped school bus
- Holding drag races or speed contests
- Failing to signal
- Driving without headlights
- Being in an accident
- Following too closely
- Distracted driving
Often, however, it’s a combination of these offenses that add up to a reckless driving charge.
Unfortunately, intent isn’t taken into consideration in determining a charge of reckless driving charge, which is defined along the lines of “driving with a willful or a wanton disregard for the safety of persons or property.” Prosecution doesn’t need to prove that you maliciously sought to cause harm, only that you were aware that your actions posed risk to yourself or others, and knowingly disregarded it. A court will decide the case by weighing the amount and type of risk against your knowledge of the risk and your reasons for taking it.
Again, unlike a moving violation, you cannot simply mail in your fine and be done with a reckless driving charge. A court appearance will be required (or a Los Angeles reckless driving attorney appearing on your behalf), but you do not need to plead guilty. Just as you can often get a moving violation reduced to a parking ticket, you can often get a reckless driving charge reduced to a moving violation.
In an effort to get your charge reduced, an experienced Los Angeles reckless driving attorney may try to show that your actions were in response to an emergency (necessity), or that you were not the person driving the offending car (lack of identity).
Los Angeles reckless driving attorney Daniel V. Cota has been putting his experience to work for years in cases such as these and may be able to help you if you find yourself charged with reckless driving. At Daniel V. Cota & Associates, P.C., Attorney Cota will build a personalized defense for the specific facts of your case. To schedule a free consultation with a dedicated and experienced Los Angeles reckless driving attorney, contact Daniel V. Cota & Associates, P.C. toll free at 800.351.6860.