Vehicle Code § 23103 VC – Reckless Driving – California Law

California Vehicle Code § 23103 VC prohibits reckless driving, defined as operating a motor vehicle with a willful or wanton disregard for the safety of other people or property. Reckless driving is a misdemeanor punishable by

• up to 90 days in jail,
• a fine of up to $1,000.00, and
• 2 points on the person’s driver’s license.

The full language of the code section states that:

23103. (a)  A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b)  A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.

Examples

• driving a car at high speeds through a school zone
• doing fast doughnuts in an icy parking lot
• drag or street racing

Defenses

Common 23103 VC defenses include showing that

• you were not the actual driver,
• the driving was not reckless, and / or
• you were acting out of necessity.

Penalties

A violation of this statute is a misdemeanor (as opposed to a felony or an infraction). The crime is punishable by:

• imprisonment for 5 to 90 days in county jail, and/or
• a fine between $145 and $1,000.

These penalties include more serious consequences if the offense causes injury to another person.

Our California criminal defense attorneys will highlight the following in this article:

• 1. Reckless Driving Defined
• 2. Common Defenses
• 3. Penalties
• 4. Immigration Consequences
• 5. Expunging Records
• 6. Impact on Gun Rights
• 7. Related Offenses

1. Reckless Driving Defined

A prosecutor must prove the following to convict you under California reckless driving laws:

1. you drove a vehicle on a highway or in an off-street parking facility, and
2. you drove with wanton disregard for the safety of persons or property.¹

Questions often arise under this code section on the meaning of:

• highway and off-street parking facility, and
• wanton disregard for safety

Highway and off-street parking facility

For purposes of 23103 VC, a “highway” is any area (such as a street) that is:

1. publicly maintained, and
2. open to the public for purposes of vehicular travel.²

An “off-street parking facility” is a parking area open for use by the public for parking vehicles. It includes:

• publicly owned facilities, and
• privately owned facilities open to retail customers, where no fee is charged for parking.³

Privately owned parking facilities that are not open to the public are not covered by this statute. This would include employee parking lots.

Wanton disregard for safety

Under California law, you act with a wanton disregard for safety when:

1. you are aware that your actions present a substantial and unjustifiable risk of harm, and
2. you intentionally ignore that risk.⁴

Note that you do not have to intend to cause damage to be guilty of violating 23103 VC.⁵

Also, speeding does not, by itself, prove that you were reckless. Speed is just one factor the jury can consider in deciding whether you drove recklessly.⁶

Example: Maria is speeding on a Los Angeles expressway at night when no other cars are around. Here, while she is guilty of speeding, Maria is not guilty of violating 23103 VC. There is no risk of harm to anyone else.

However, she would be guilty if she was speeding during rush hour traffic and weaving in between cars. The facts show that there is a definite risk of harm and Maria ignored it.

2. Common Defenses

You can challenge a California reckless driving charge with a legal defense.

Three common defenses to this criminal charge are:

1. you were not the driver,
2. you were not acting recklessly, and/or
3. necessity.

You were not the driver

You must have driven a vehicle to be guilty of 23103 VC. This means it is a defense for you to show that you were not the driver of the motor vehicle. For example, perhaps you were only a passenger.

You were not acting recklessly

Recall that violating 23103 VC means operating a car with a wanton disregard for safety. A prosecutor has to prove this beyond a reasonable doubt. It is a defense, therefore, to show that you were not intentionally ignoring a risk of harm when driving.

Necessity

Under a necessity defense, you essentially try to avoid guilt by showing that you had a sufficiently good reason to commit the crime. People sometimes refer to this defense as “guilty with an explanation.”

In the context of 23103 VC, you can attempt to show that you committed the crime since you had no other choice (for example, because of an emergency).

Depending on the case, experienced criminal defense attorneys rely on such evidence as eyewitnesses, surveillance video, and accident reconstruction expert testimony.

3. Penalties

A violation of 23103 VC is a misdemeanor. The crime is punishable by:

• imprisonment for 5 to 90 days in county jail, and/or
• a fine between $145 and $1,000.⁷

These penalties grow more severe if the offense causes either:

• minor injury, or
• serious injury to another person.

Also note that this section is often used as:

• a “dry reckless” plea bargain to
• avoid conviction under California DUI laws.

A conviction also places 2 points on your driver’s license by the DMV. Accumulating too many driving record points in a given time period can cause you to face a license suspension of driving privileges for being a negligent operator. Car insurance rates will probably increase as well.

With minor injury

If violating 23103 VC causes a minor bodily injury to a third party, the crime is still a misdemeanor. The penalties increase to:

• 30 days to one year in jail, and/or
• a fine between $220 and $1,000.⁸

With serious injury

Violating 23103 VC is a wobbler offense if someone other than you is seriously injured. A “wobbler” is charged as either a misdemeanor or a felony, in the prosecutor’s discretion.

When charged as a felony, reckless driving is punishable by:

• up to three years in state prison, and/or
• a fine of up to $10,000.⁹

The car itself may be subject to impoundment.

“Dry reckless” as a DUI plea bargain

Vehicle Code 23103 is often used as a plea bargain to avoid conviction under California DUI laws. This plea bargain is often referred to as a “dry reckless” plea deal.

The advantages of the deal include that you escape harsh DUI penalties. In particular, you:

• do not face mandatory sentencing enhancements if charged with a subsequent DUI,
• receive a shorter jail sentence and probation period,
• incur a smaller fine, and
• are not subject to a mandatory court-ordered license suspension.

4. Immigration Consequences

A 23103 VC conviction will generally not have negative immigration consequences.

As a non-citizen, you can be either:

• deported, or
• marked as inadmissible.

if guilty of certain California crimes.

But a 23103 VC conviction will not produce this result.

5. Expunging Records

You can get a criminal record expungement if you complete:

• probation, or
• a jail term (whichever is relevant).

A judge may even award an expungement if you violate a probation term.

An expungement is favorable because it releases you from most penalties of a conviction.¹⁰

6. Impact on Gun Rights

A misdemeanor conviction under this statute will not have negative effects on your gun rights. Though a felony conviction will.

California law says that convicted felons cannot:

• own a gun, or
• possess a gun.

Recall that reckless driving can be charged as a felony if it causes serious injury to another party. You therefore will lose your gun rights if you are convicted of this offense and cause a serious injury.

7. Related Offenses

There are three related crimes in the state of California. These are:

1. reckless driving resulting in specific serious injuries – 23105 VC,
2. wet reckless, and
3. speed contests – VC 23109.

Reckless driving resulting in specific serious injuries – 23105 VC

Per Vehicle Code 23105 VC, reckless driving is a “wobbler” offense if it causes certain serious injuries to a third party. Some of these include:

• loss of consciousness,
• concussion, and
• a serious disfigurement.¹¹

You can still be charged with a wobbler under Vehicle Code 23104 VC if:

1. you commit reckless driving, and
2. it causes serious injury (and the injury is not listed within 23105 VC).

Wet reckless

“Wet reckless” is the informal name given to a common DUI charge reduction. It is not a charge for which you can be arrested.

“Wet reckless” is a nickname for a reckless driving conviction that:

1. results from a DUI plea bargain, and
2. includes a notation indicating there was alcohol and/or drug use involved.

Speed contests – 23109 VC

California Vehicle Code 23109a VC makes it a crime to willfully participate in a speed contest.

A “speed contest” is defined as a race of your vehicle against:

• another car, or
• against a clock.

Depending on the circumstances, you might be charged with both:

• speed contests, and
• reckless driving.

For information on reckless driving traffic violation charges in Nevada and Colorado, please see our articles on:

• NRS 484B.653 in Nevada, and
• CRS 42-4-1401 in Colorado

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