Definition and Aspects of Reckless Driving with Injury:
Reckless driving (VC 23103) is a misdemeanor offense. The act of reckless driving involves willfully operating a vehicle in a dangerous manner, without concern for the safety of others around or their property. If a reasonable person would agree that the Defendant’s actions are purposefully unsafe on the road, and he/she is endangering others or putting their property at risk, it constitutes as Reckless Driving.
While reckless driving in itself is a serious offense, the punishment becomes more severe if, as a result of the careless act, someone gets injured. If convicted of violating California Vehicle Code 23104 (VC 23104), a person could face hefty fines and even time spent in jail. Reckless driving causing an injury is a misdemeanor offense.
To be convicted of California Vehicle Code 23104 (VC 23104), the Prosecution must prove the following:
- The Defendant drove his/her vehicle recklessly
- As a result of that driving, he/she caused injury to another person
Criminal Offenses Related to Reckless Driving with Injury:
Similar or related offenses to California Vehicle Code 23104 (VC 23104), Reckless Driving with Injury:
- Reckless Driving – California Vehicle Code 23103 (VC 23103)
- Reckless Driving Resulting in Specific Serious Injury – California Vehicle Code 23105 (VC 23105)
- Engaging in a Speed Contests – California Vehicle Code 23109 (VC 23109)
Example of Reckless Driving with Injury:
A man is speeding on the highway to get to his destination faster. He understands he’s breaking the speed limit and performing dangerous stunts while trying to maneuver from lane to lane to move around other vehicles. The man hits another car, injuring the driver and the passenger in that vehicle. Under California Vehicle Code 23104 (VC 23104), he could be charged with reckless driving causing an injury.
Defenses to Reckless Driving with Injury:
The burden is on the Prosecution to prove that the Defendant was driving recklessly at the time of the incident. If he/she was driving safely and following all rules of the road, the case could be dismissed.
If the Defendant was not the one actually driving the vehicle, the charges should be dropped against him/her. In this scenario, the Defendant was riding in the passenger seat or backseat of the vehicle or was not present at all, then this statute would not apply.
California Vehicle Code 23104 (VC 23104) requires an injury to be present caused by the reckless driving of the accused. If the alleged Victim cannot show for an injury or there is no proof of anyone getting hurt, the statute would not apply. It’s important to note that the Defendant could still be charged with Reckless Driving (VC 23103).
Lastly, if the Defendant admits to driving recklessly and pleads guilty but has a valid explanation of why he/she was operating in that manner, an effective Defense Attorney would be able to lessen the charges or get them thrown out altogether. This is called ‘guilty with an explanation,’ where there is a particular emergency that caused the guilty Defendant to commit the crime.
Consequences and Penalty for Reckless Driving with Injury:
Reckless Driving with an Injury is a misdemeanor offense. Violating California Vehicle Code 23104 (VC 23104) is punishable with up to $1,000 in fines and up to six months in jail.
If the convicted person completes his/her probation and jail time, it is possible to get a reckless driving with injury offense expunged from the Defendant’s record.
Reckless driving with Injury, under California Vehicle Code 23104 (VC 23104), is a misdemeanor offense that can result in jail time and severe fines. It is essential that if you or someone you know is charged with reckless driving that caused an injury, you contact an experienced attorney as soon as possible.
For an experienced attorney on your side, Action Lavitch from Action Defense Lawyers is available 24/7 at (747) DEFEND U or (747) 333-3638. With a proven track record of vehicle law and driving charges and speaking both English and Spanish, Action Lavitch and the team from Action Defense Lawyers provide skilled legal representation and professional advice. Having an above 90% success rate for clients, Action Defense Lawyers is the go-to for those charged with California Vehicle Code Section 23104 (VC 23104), Reckless Driving with Injury. Book a free consultation today.