Reckless Driving in California
Types of reckless driving
In California, a number of road safety laws aimed at curtailing reckless driving have been introduced to curb the dangers that emanate from reckless drivers. The laws are swift and heavily correlated to dealing with the cases recorded, maintain safety for all the road users, and ultimately eradicate the issue in entirety. Calamities are resolved as per Vehicle Code sections 23103, 23104, and 23105, which address recklessness and refine the case process within the California law.
The wet reckless driving
This refers to driving under the influence of alcohol, which is a crime per the law. The vehicle code section 23105 defines reckless driving as the willful or wanton disregard for the safety of persons or property. Note that wanton warrants that the driver is conscious of their actions. Comprehending the primary definition of this law is essential to how the case is handled. Drunk driving could be prosecuted under the circumstances that the disregard for safety occurred and ultimately caused harm or damage. Usually, a DUI and reckless driving do not attract the same charges. However, the most common approach by lawyers is to ask the court to reduce the DUI charges to reckless driving, which would also attract fewer penalties.
An original drunk driving charge will not constitute more than a few penalties of monetary value or probationary period, and loss of driving privileges like the license and higher insurance premiums.
Charging wet reckless driving
This can only be executed and charged under Vehicle code 23104, which pertains to causing bodily harm to the driver or other persons. If the drunk driver caused harm to other persons, in such a case, the wet reckless driving is punishable by law. The penal code, Section 1170, implies that the court should charge the individual with imprisonment up to 30 days and no more than 6 months. Alternatively, a charge of $220 or more, but less than $1,000 could also be imposed. At times, depending on the prior offensive rate of the individual, both penalties could be executed where overwhelming evidence is availed through violation of other codes such as section 12810(c) (violation point), which weighs the case against the defendant with 2 additional points or section 12810.5 (negligent operator), which could ultimately maximize chances for conviction.
In the wet reckless driving, many other factors are considered, including past infractions. If this happens for a subsequent DUI, the penalty could be maximized to comprise a longer jail time, among other enhanced penalties.
Dry reckless driving
In contrast to the wet reckless driving, the dry reckless driving maintains that no drugs were, or no alcohol was utilized in this case. This translates into a misdemeanor (which implies that it is a criminal offense relating to being more than an infraction, but not a felony) under the California law. This is further defined in the Vehicle Code in section 23103. Unlike the wet reckless cases, a dry reckless driving case can be mitigated on charges because it is not perceived as severe, but it still carries charges including but not limited to fines, time in jail, and probation. Because one was not driving under the influence of drugs (DUI), an attorney can intervene to prove this is an infraction that carries fewer charges like fines or bail. Subsequent DUI charges in the future may not be an essential element pertaining to your first infraction in a 10-year period, which is another difference with the wet reckless driving.
However, a misdemeanor under the DUI can be charged differently as defined by the level of harm covered in the Vehicle Code Section 20001, which covers hit and run cases, or Section 20002 which magnifies the actions taken after the accident, specifically on reporting. Others include Section 22348 on speed laws, and Section 22352 which further clarifies the speed limits. Fundamentally, dry reckless driving could carry simpler charges, but this is all ascertained by an experienced criminal defense lawyer who can help mitigate your case to a small infraction.
It is advisable to remain contentious of all rules that the driving schools teach, obey the road safety rules, and be safe rather than face any law enforcement. The best way to be safe is to be a defensive driver. In case you do find yourself caught up in a reckless driving predicament, seek the best criminal defense hero, Attorney Don Hammond, who will fight for justice regarding the alleged charge. This will maximize your likelihood of pardon through their investigation, processing, and handling of all other metrics revolving your case.