Is Reckless Driving a Misdemeanor in California? Vehicle Code 23103 Explained

Q: Is reckless driving a felony in California?

No, a stand-alone reckless driving charge under Vehicle Code section 23103 is a misdemeanor. Reckless driving that causes a specified serious injury under Vehicle Code section 23104 can be charged as a felony when the driver has qualifying prior convictions. Reckless conduct that causes a death is charged under different statutes, such as vehicular manslaughter under Penal Code section 192, subdivision (c).

Q: How many points is reckless driving in California?

Two points. A reckless driving conviction adds two points to your DMV record, the same as a DUI, compared with one point for an ordinary moving violation. Accumulating too many points in a 12, 24, or 36 month period can lead to a negligent operator suspension under Vehicle Code section 12810.5, and commercial drivers face separate disqualification rules.

Q: Can reckless driving be reduced to a traffic ticket?

Often, yes. Prosecutors in Riverside County, San Bernardino County, and Los Angeles County regularly reduce reckless driving to an infraction such as speeding under Vehicle Code section 22350 when the defense shows the conduct was careless rather than wanton. The likelihood depends on speed, traffic, whether anyone was hurt, and your driving record.

Q: Can I get a reckless driving conviction expunged?

Yes, in most cases. After you complete probation or the sentence, a petition under Penal Code section 1203.4 on form CR-180 asks the court to withdraw the plea and dismiss the case. The DMV record and points are not affected by the dismissal, and the conviction can still be used as a prior in some later proceedings.

Daniel Gramling, Esq.

6 hours ago

10 min read

The short answer: yes. Reckless driving under Vehicle Code section 23103 is a misdemeanor criminal offense in California, not an infraction. A conviction creates a criminal record, adds two points to your DMV driving record, can carry county jail time, and can trigger a license suspension when it is repeated or involves injury. It is also the charge that DUI defendants in Riverside, San Bernardino, and Los Angeles County often plead down to, which causes confusion between the "dry reckless," the "wet reckless," and a stand-alone reckless driving charge after a speed contest or a street takeover. This guide explains what the prosecutor must prove, the defenses that actually work, and what a conviction means for your license, insurance, and record.

What Is Reckless Driving Under Vehicle Code 23103?

The statute. Vehicle Code section 23103, subdivision (a) makes it a crime to drive a vehicle on a highway in willful or wanton disregard for the safety of persons or property. Subdivision (b) extends the same rule to driving in an off-street parking facility. The word "highway" in the Vehicle Code means any publicly maintained road open to the public, including a residential street in Corona or a surface street in Van Nuys, not just a freeway. The standard jury instruction for this offense is CALCRIM 2200.

Willful or wanton disregard is the heart of the charge. Reckless driving requires more than carelessness, a lapse of attention, or a simple speeding violation. The prosecutor must show that you knew your driving created a substantial and unjustifiable risk of harm and that you intentionally ignored that risk. Speed alone is not automatically reckless, but very high speed combined with traffic, weaving, running signals, racing another car, or driving on the wrong side of the road commonly supports the charge. Officers in Riverside County and the Inland Empire frequently write reckless driving when they see doughnuts in an intersection, a street takeover on an industrial road in Ontario or Fontana, or a driver passing on the shoulder at high speed on the 91 or the 15.

How it differs from related charges. A speed contest under Vehicle Code section 23109, subdivision (a) and an exhibition of speed under Vehicle Code section 23109, subdivision (c) are separate misdemeanors that overlap with reckless driving and are often charged together after a race or a takeover. Reckless driving causing bodily injury is a separate offense under Vehicle Code section 23104 with higher penalties. A wet reckless under Vehicle Code section 23103.5 is not a separate crime at all; it is a reckless driving plea entered in a DUI case with a notation that alcohol or drugs were involved, which we explain in what is a wet reckless in California.

What Must the Prosecutor Prove for Reckless Driving?

The elements. To convict you of reckless driving, the prosecutor must prove beyond a reasonable doubt that (1) you drove a vehicle, (2) you drove on a highway or in an off-street parking facility, and (3) you intentionally drove with wanton disregard for the safety of persons or property. Wanton disregard means you were aware that your actions presented a substantial and unjustifiable risk of harm and you intentionally ignored that risk, even if you did not intend to cause damage or injury. Each element must be proven with admissible evidence, and a failure on any one of them means an acquittal.

Driving. The prosecutor must show you were the driver. In many street takeover cases in San Bernardino and Los Angeles County, officers arrive after the event, identify cars from video, and cite or arrest the registered owner. If the only evidence is that your car was there, or a witness who saw a car like yours, the driving element is weak. Cases built on social media video also raise authentication questions under Evidence Code section 1401 and questions about who is behind the wheel in the footage.

Highway or parking facility. The location element is rarely disputed on public streets, but it matters on private property. A private ranch road in Hemet or a closed industrial lot that is not open to the public for parking may fall outside the statute, and the defense should press the prosecutor on this point rather than assume it.

Wanton disregard. This is where most reckless driving cases are won or lost. The officer's opinion that the driving was "reckless" is a conclusion; the jury decides whether the facts meet the legal standard. A driver who briefly exceeded the limit on an empty road at 2:00 a.m., who swerved to avoid an animal, or who was following a GPS instruction into an unexpected turn did not act with conscious disregard for a known risk. The prosecutor must present the specific conduct, the traffic and road conditions, and evidence that you knew of the danger and chose to proceed anyway.

Common Defenses to a Reckless Driving Charge

Negligence is not recklessness. The most effective defense is often that the conduct amounted at most to an infraction such as speeding under Vehicle Code section 22350 or an unsafe lane change under Vehicle Code section 22107, not a crime. Prosecutors in Riverside County and Los Angeles County frequently reduce a reckless driving charge to a moving violation when the defense shows that the driving, while not perfect, did not involve the intentional disregard the statute requires.

Identity and the empty driver's seat. In takeover and racing cases, the defense demands the video, the dispatch log, and the officer's basis for identifying the driver. If the officer did not see you driving and the identification rests on a registration lookup, the case may not survive a motion to dismiss or a trial. Our article on what makes a criminal case weak explains how identification problems are exposed.

Unlawful stop. An officer needs reasonable suspicion of a violation to stop your car. A stop based on an anonymous tip may be lawful under Navarette v. California (2014) 572 U.S. 393 when the tip is detailed and contemporaneous, and the California Supreme Court reached a similar result in People v. Wells (2006) 38 Cal.4th 1078, but a stop based on a hunch is not. Evidence obtained after an unlawful stop, including statements and dash camera footage, can be suppressed under Penal Code section 1538.5. Read what is a 1538.5 motion and can police search your car in California.

Necessity or emergency. A driver who exceeded the speed limit to get an injured passenger to a hospital, or who accelerated to escape a road rage attacker, did not act with wanton disregard for safety; the driver acted to prevent a greater harm. The defense must be supported with evidence, such as medical records or a 911 call, rather than a bare assertion.

Statements to the officer. Many reckless driving cases include an admission such as "I was just showing off" or "I know I was going too fast." Whether those statements come in depends on when they were made and whether questioning was custodial under Miranda v. Arizona (1966) 384 U.S. 436. Read understanding your rights when questioned by police before you talk to any officer on a traffic stop.

Penalties for Reckless Driving in California

Misdemeanor punishment. A stand-alone reckless driving conviction under Vehicle Code section 23103 is a misdemeanor punishable by county jail time and a fine within the ranges set by the statute, and judges in Riverside, San Bernardino, and Los Angeles County usually impose probation, a fine, and sometimes a short jail term or community service on a first offense with no injury. Reckless driving with bodily injury under Vehicle Code section 23104 carries higher exposure, and where a specified serious injury results and the driver has qualifying prior convictions, the offense can be charged as a wobbler. Our article on how sentencing works in California criminal court explains how judges set terms.

Vehicle impound and speed contests. When reckless driving is charged alongside a speed contest or exhibition of speed, the vehicle may be impounded, and repeat speed contest convictions carry longer license suspensions. Cities across Los Angeles County and the Inland Empire have also adopted local ordinances aimed at street takeover spectators and organizers, so a takeover arrest in Compton, Lancaster, or Ontario may bring more than one charge.

DMV points and license consequences. A reckless driving conviction adds two points to your DMV record, compared with one point for most moving violations, and accumulating points can lead to a negligent operator suspension under Vehicle Code section 12810.5. Commercial drivers face separate consequences under federal and state commercial licensing rules, and a reckless driving conviction can disqualify a commercial driver from operating for a period of time. Insurance carriers treat reckless driving as a major violation, and premium increases often cost more over three years than the fine itself.

Reckless Driving as a DUI Plea Bargain

The dry reckless. In a weak DUI case, the prosecutor may offer a plea to reckless driving under Vehicle Code section 23103 with no notation of alcohol, which lawyers call a dry reckless. It is a misdemeanor, but it is not a DUI, it does not carry the DUI program or the ignition interlock requirement, and it is not treated as a prior DUI if you are arrested again. Prosecutors in Riverside County and San Bernardino County typically reserve dry reckless offers for cases with low blood alcohol results, serious proof problems, or a suppression issue.

The wet reckless. A wet reckless under Vehicle Code section 23103.5 is the same reckless driving conviction with a record notation that alcohol or drugs were involved. It counts as a prior if you pick up a DUI within 10 years, and the DMV administrative suspension under Vehicle Code section 13353.2 is not affected by the plea because the DMV case is separate. Read how the DMV hearing works after a DUI and what happens after a DUI arrest in California.

Deciding whether to take the offer. A reckless driving plea in a DUI case is usually a good result, but not always. If the stop was unlawful, the breath test was administered improperly, or the blood result is near the limit, the case may be worth fighting for a dismissal or an acquittal. Our guides on should you take a plea deal and fighting DUI charges in Riverside County explain how to weigh the offer.

What Happens in Court on a Reckless Driving Charge

Citation or arrest. Many reckless driving cases begin with a misdemeanor citation and a promise to appear under Penal Code section 853.6 rather than a booking, especially when no collision or injury occurred. Street takeover and racing cases more often involve arrest, impound, and booking. The court date will be at the courthouse serving the location of the stop, such as the Riverside Hall of Justice, the Southwest Justice Center in Murrieta for Temecula area stops, the Rancho Cucamonga or Fontana courthouse in San Bernardino County, or the Van Nuys, Pomona, or Compton courthouses in Los Angeles County. Check the court's current website for the calendar location.

Arraignment and pretrial. At arraignment your lawyer can usually appear for you under Penal Code section 977 and enter a not guilty plea. The prosecutor must provide the officer's report, dash and body camera video, and any civilian video under Penal Code section 1054.1. Most reckless driving cases resolve at a pretrial conference with a reduction to an infraction, a plea to the charge with a favorable sentence, or a dismissal after a suppression motion. Read what happens at a pretrial conference and what happens at arraignment in Riverside County.

Diversion and record relief. Reckless driving is eligible for misdemeanor diversion under Penal Code section 1001.95 at the judge's discretion, because the statute's exclusion for DUI under Vehicle Code section 23640 does not reach a stand-alone reckless driving charge that is not a DUI plea. After a conviction and completion of probation, a petition for dismissal under Penal Code section 1203.4 on form CR-180 can clear the record for most purposes. Read how misdemeanor diversion works and how to expunge a criminal record in California.

Frequently Asked Questions

Is reckless driving a felony in California?

No, a stand-alone reckless driving charge under Vehicle Code section 23103 is a misdemeanor. Reckless driving that causes a specified serious injury under Vehicle Code section 23104 can be charged as a felony when the driver has qualifying prior convictions. Reckless conduct that causes a death is charged under different statutes, such as vehicular manslaughter under Penal Code section 192, subdivision (c).

How many points is reckless driving in California?

Two points. A reckless driving conviction adds two points to your DMV record, the same as a DUI, compared with one point for an ordinary moving violation. Accumulating too many points in a 12, 24, or 36 month period can lead to a negligent operator suspension under Vehicle Code section 12810.5, and commercial drivers face separate disqualification rules.

Can reckless driving be reduced to a traffic ticket?

Often, yes. Prosecutors in Riverside County, San Bernardino County, and Los Angeles County regularly reduce reckless driving to an infraction such as speeding under Vehicle Code section 22350 when the defense shows the conduct was careless rather than wanton. The likelihood depends on speed, traffic, whether anyone was hurt, and your driving record.

What is the difference between reckless driving and a wet reckless?

A wet reckless is a reckless driving conviction entered as a plea bargain in a DUI case. Under Vehicle Code section 23103.5 the record notes that alcohol or drugs were involved, and the conviction counts as a prior DUI for 10 years. A dry reckless has no alcohol notation and is not a DUI prior. A stand-alone reckless driving charge after a race or takeover has nothing to do with alcohol.

Do I need a lawyer for a reckless driving charge?

Yes, because it is a criminal case with a permanent record and license consequences. A lawyer can appear for you under Penal Code section 977, obtain the video, challenge the stop under Penal Code section 1538.5, and negotiate a reduction to an infraction or diversion. Flat-fee criminal defense options make the cost predictable.

Can I get a reckless driving conviction expunged?

Yes, in most cases. After you complete probation or the sentence, a petition under Penal Code section 1203.4 on form CR-180 asks the court to withdraw the plea and dismiss the case. The DMV record and points are not affected by the dismissal, and the conviction can still be used as a prior in some later proceedings.

Talk to a Reckless Driving Defense Lawyer

Gramling Law Group defends reckless driving, speed contest, DUI, and other driving offense cases at the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the San Bernardino Justice Center, the Rancho Cucamonga and Fontana courthouses, and the Los Angeles County courthouses in Van Nuys, Pomona, and Compton, and throughout the Inland Empire, Los Angeles County, Orange County, and Southern California. We represent drivers from Riverside, Corona, Moreno Valley, Temecula, Ontario, Fontana, Los Angeles, and Lancaster. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options so you know the cost before you commit. Call (909) 654-4575 or contact us through this website for a consultation.

This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.