It is unlawful for a person to drive a vehicle on a highway with a willful or wanton disregard for the safety of persons or property under California Penal Code §23013.
Anyone who exhibits a willful or a wanton disregard may be convicted of a reckless driving charge under this section.sThis statute is different from many others in that a person cannot be arrested under this charge alone. Most often, a reckless driving charged is an offer given to those charged with DUI’s.
However, it is not a common offer. It is rare that a prosecutor will offer a reckless driving charge to a person who is brought before the Court on suspicion of DUI. A reckless driving charge is one that must be bargained for and negotiated for by an experienced San Diego DUI lawyer.
When a person is convicted of a DUI, they will be facing a penalty involving a fine between $390 to $1,000 and possibly some jail time. It will also require probation and alcohol rehabilitation classes. Additionally, a DUI conviction will involve 30 days of mandatory license suspension and a term thereafter to be determined by the DMV.
In contrast, when a person is convicted of a reckless driving, the possible range of penalties is much lower in general. The reckless driving charge is a misdemeanor, much like the DUI, but the penalties generally sentenced are lower.
One of the biggest advantages of a reckless driving charge is that there is no mandatory license suspension. One of the biggest things our clients are scared of is having their license suspended. It makes it very difficult for people to get to work and other obligations without a license, especially in Southern California. With a reckless driving charge, you do not have to worry about that, unless the Prosecutor imposes it.
The probationary period for a reckless driving is also lower. During the probationary period you will be punished harsher if you commit a crime. At the end of the probationary period, when all terms have been met, you can ask the Court to expunge your record. When your record is successfully expunged, it is sealed so that it is not accessible as a public record. With a lesser probationary period, it allows you to have your case expunged faster.
Overall a reckless driving charge is much better on your record than a DUI. It is a difficult charge to have a DUI reduced to and requires a powerful defense and argument. An experienced San Diego Criminal Specialist will always have that goal in mind. They will fight hard on your behalf to have your DUI dismissed, or reduced to a lesser charge such as reckless driving. It also helps when an attorney has had many clients with cases similar to yours in which they have successfully gotten it reduced.sThis is an important consideration when you debate whether you need an attorney or not. The reduction in charges could make a huge difference in the total outcome of your case and the potential consequences imposed.