Charged with reckless driving in San Diego, or offered a “wet reckless” on a DUI? Attorney Anton Vialtsin defends drivers charged under California Vehicle Code 23103 in every San Diego County courthouse. Call (619) 357-6677 for a free consultation.
A reckless driving conviction can mean jail, fines, points on your driving record and higher insurance rates. But a reckless driving charge, or a reduction from DUI to reckless driving, is also often a chance to avoid a much worse result. How the case is handled makes a real difference.
What is reckless driving in California (VC 23103)?
Under California Vehicle Code 23103, reckless driving means driving on a highway or in an off-street parking facility with willful or wanton disregard for the safety of people or property.
- Willful means doing the act on purpose, even without intending to break the law or hurt anyone.
- Wanton means knowing about a serious risk and consciously ignoring it.
Careless driving, a bad mistake or an accident is not the same thing as reckless driving. The prosecutor must prove that state of mind.
Is speeding reckless driving?
Speed alone is usually not enough. The prosecution normally needs something more, such as weaving through traffic, racing, tailgating at high speed, or ignoring signals and pedestrians. Driving over 100 mph is a separate offense (VC 22348(b)), and racing or exhibition of speed is charged under VC 23109. These cases often overlap, and the right defense depends on exactly what the officer says you did.
Penalties for reckless driving in San Diego
| Charge | Possible penalty |
|---|---|
| Reckless driving, VC 23103 | 5 to 90 days in county jail and/or a fine of $145 to $1,000 |
| Reckless driving causing bodily injury, VC 23104 | 30 days to 6 months in jail and/or a fine of $220 to $1,000 |
| Reckless driving causing serious injury (for example broken bones or a head injury), VC 23105 | Can be charged as a felony |
On top of the court case:
- 2 points on your DMV driving record. Too many points in a short time can lead to a license suspension as a negligent operator.
- Higher insurance rates.
- A criminal record, which can show up on background checks for jobs and licenses.
Most first-time reckless driving cases end with probation and a fine, not jail, but every case is different.
Wet reckless vs. dry reckless: the DUI reduction
Many reckless driving clients were arrested for DUI. When the evidence has problems, such as a blood alcohol level near 0.08%, an unlawful stop, or problems with the breath or blood test, we can often negotiate the DUI down to reckless driving.
- Wet reckless (VC 23103.5). The plea is to reckless driving, with a statement on the record that alcohol or drugs were involved. It usually means probation and a short alcohol program, and it counts as a prior DUI if you get another DUI within 10 years. It is still usually much better than a DUI conviction: lower fines, less or no jail, and no DUI on your record.
- Dry reckless (VC 23103). A plain reckless driving conviction with no alcohol statement. It is not a DUI prior and is the better outcome when the evidence allows it.
The criminal case and the DMV are separate. A reduction to reckless driving does not by itself stop a DMV license suspension from a DUI arrest. If you were arrested for DUI, you have only 10 days to request a DMV hearing. See our San Diego DUI page.
Defenses to reckless driving
- No willful or wanton disregard: the driving was careless or a mistake, not reckless.
- Speed alone: high speed without other dangerous driving.
- Weak or inconsistent evidence: the officer’s estimate of speed, the distance, the lighting, or conflicting witnesses.
- Mistaken identity: another car or another driver.
- Unlawful stop or search: evidence obtained in violation of your Fourth Amendment rights.
Often the goal is a reduction to a traffic infraction or another lesser offense, or a dismissal, so you avoid a misdemeanor conviction altogether.
Reckless driving, immigration and your record
- Non-citizens: a reckless driving conviction is usually far less harmful for immigration than a DUI or drug conviction, but your exact situation matters. Tell us your status at the first meeting.
- Clearing your record: after probation, a reckless driving conviction can usually be dismissed (expunged) under Penal Code 1203.4.
Where your case will be heard
Reckless driving is a misdemeanor in San Diego County Superior Court. Depending on where it happened, your case goes to the Central courthouse downtown, the North County courthouse in Vista, the East County courthouse in El Cajon, or the South County courthouse in Chula Vista. In many misdemeanor cases, your attorney can appear for you so you do not have to miss work.
Call a San Diego reckless driving lawyer
Call (619) 357-6677 for a free consultation. You work directly with Anton, from the first meeting through trial.
Related pages
- San Diego DUI Attorney
- Driving Under Influence of Alcohol | VC 23152
- Driving Under Influence of Marijuana | VC 23152
- DMV Administrative Hearing (DUI: Alcohol/Drugs)
- What Should You Do If Pulled Over for DUI?
- Do I Have to Do Field Sobriety Tests?
- When Can Police Stop and Search My Vehicle?
FAQs about reckless driving in San Diego
What counts as reckless driving in California?
Driving on a highway or in a parking facility with willful or wanton disregard for the safety of people or property (VC 23103). The prosecutor must prove you knowingly ignored a serious risk.
Can speeding alone be reckless driving?
Usually not. Prosecutors normally need more than speed, such as weaving, racing or other dangerous driving. Driving over 100 mph is a separate offense.
What are the penalties for reckless driving?
5 to 90 days in jail and/or a $145 to $1,000 fine, 2 points on your driving record, and higher insurance. Penalties are higher if someone was injured.
What is a wet reckless?
A plea to reckless driving with a statement that alcohol or drugs were involved (VC 23103.5). It is often offered to reduce a DUI and counts as a DUI prior for 10 years.
Will reckless driving affect my license?
A reckless driving conviction adds 2 points to your DMV record. It does not cancel a DMV suspension from a DUI arrest, which is a separate process with a 10-day deadline.
Can a reckless driving conviction be expunged?
Usually yes, after you complete probation, under Penal Code 1203.4.
Filed under: DUI · California Crimes
Anton Vialtsin, Esq., E.I. is a San Diego criminal defense attorney and CJA Panel member in the Southern and Central Districts of California. New case breakdowns every Wednesday on YouTube.