Reckless Driving - California Vehicle Code § 23103

California Vehicle Code 23103 – Reckless Driving 

 

Overview 

 

Under Vehicle Code 23103 VC, reckless driving occurs when someone operates a motor vehicle with willful or wanton disregard for the safety of persons or property. It doesn’t require speeding or DUI—just dangerous behavior behind the wheel. 

 

Reckless driving is typically charged as a misdemeanor, but it can lead to jail time, license suspension, fines, and increased insurance premiums. If someone is injured, the penalties escalate significantly. 

 

At Jones Trial Attorneys, we defend reckless driving charges by examining the circumstances of the stop, the officer’s judgment, and whether your actions truly rose to the level of a crime. Many of these cases are resolved without a conviction or license consequences. 



 

Legal Definition 

 

Vehicle Code § 23103(a) states: 

 

“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.” 



 

Elements of the Crime 

 

To convict someone of reckless driving, the prosecution must prove: 

1. You drove a motor vehicle; 

2. You did so on a highway or off-street parking facility; and 

3. You drove with willful or wanton disregard for safety—meaning you knew your actions were dangerous, and did them anyway. 



 

Examples of Reckless Driving 

• Excessive speeding in traffic or residential zones 

• Racing another vehicle 

• Weaving between cars at high speeds 

• Blowing through red lights or stop signs 

• Aggressive lane changes or road rage behavior 



 

Penalties for Reckless Driving 

 

First Offense (Misdemeanor): 

• Up to 90 days in jail 

• Fine of $145 to $1,000 

• Misdemeanor probation 

2 DMV points on your driving record 

 

With Injury (VC 23104): 

• Up to 6 months or 1 year in jail (depending on severity) 

• Higher fines and restitution 

• Potential felony filing in serious injury cases 



 

Defenses to Reckless Driving 

 

We often beat or reduce reckless driving charges with strategies such as: 

You were not driving recklessly – Police exaggerated your behavior 

You acted out of necessity – Emergency or evasive maneuvers 

No criminal intent – Carelessness, but not “willful” or “wanton” 

Mistaken identity or faulty eyewitness report 

Illegal traffic stop or absence of dashcam/bodycam evidence 



 

Immigration and Employment Consequences 

 

Reckless driving may: 

• Trigger points leading to license suspension 

• Cause insurance rate hikes or policy termination 

• Impact employment involving driving or government clearance 

• Lead to deportation if combined with DUI or injury 

 

We aim to protect your driving privileges and prevent a permanent mark on your record. 



 

Related Offenses 

• VC 23152 – DUI 

VC 23104 – Reckless Driving Causing Injury 

VC 23109 – Speed Contest/Racing 

• VC 23103.5 – Wet Reckless (DUI reduction) 



 

How Jones Trial Attorneys Can Help 

 

Whether you’re charged after an accident, police chase, or alleged road rage, we’ll review the facts, negotiate strategically, and fight for a clean record. 

 

💼 Free consultations 

⚖️ Aggressive traffic and criminal defense 

📍 Based in San Diego, protecting drivers across California 



 

Facing a Reckless Driving Charge? Let’s Talk. 

 

Call (866) JTA-WINS or Schedule a Free Consultation using the form below. 

Schedule a Free Consultation Now

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