California Vehicle Code Section 23104 – Reckless Driving
This Section is an interesting one because it covers circumstances where people are driving recklessly on the highway or the street, and that driving recklessly can be speeding — if somebody's going over 100 miles an hour, weaving through traffic — but usually where I'm seeing this Vehicle Code Section charged in LA is if somebody gets in an accident and another person gets hurt.
So, there are a lot of different sections of this where if somebody gets hurt, you can be charged extra penalties. If you have a prior DUI, you could be looking at mandatory minimums, where you're looking at a minimum of thirty days up to a year in jail. So, this Section of reckless driving in Los Angeles is severe.
Suppose you're charged with Vehicle Code Section 23104. In that case, you're going to want to get an attorney as soon as possible to defend you because the prosecutors are typically going to be looking at putting you in jail, especially if somebody got hurt during the reckless driving episode.
I've represented a lot of people with these cases throughout Los Angeles County, and usually where I see this Vehicle Code Section being charged is having to do with an individual who was driving recklessly on the highway — whether it was again, weaving or moving in and out of traffic, or even speeding and lost control of their car — they crashed their vehicle either with another vehicle or into something and then somebody besides themselves ends up getting hurt.
Depending on the seriousness of that injury will dictate the seriousness with which the prosecutors prosecute the case by way of what they charge and what they will seek as punishment from the judge.
Review Your Case With an Attorney
So, if you're charged with reckless driving, get an attorney. This is not just some minor traffic offense. When they're talking about mandatory minimum jail time and people getting hurt, the prosecutors believe that it's their job and in their best interest to protect the public from those people who drive dangerously on our highways. This Code Section has been designed, in my experience, for those people who are driving crazy and hurting other people but don't have any alcohol in their system.
Once you put alcohol in the mix, that's when they're going to start to come down hard, and if somebody were to pass away during a reckless driving episode, the person could be charged with manslaughter. If the person was intoxicated, they could be accused of murder.
So, that gives you an idea of the severe nature of these reckless driving cases. So, not only are you looking at a criminal prosecution in a reckless driving situation, but you're also looking at losing your driver's license and putting points on your record. The DMV can get involved, and they can put you in a position where you end up getting a conviction, end up going to jail, and you end up putting yourself in a situation where you lose your driver's license for an extended period.
Seeking the Best Possible Outcome
So, if you're charged with reckless driving in Los Angeles, pick up the phone, let's sit down and meet and find out what happened. Sometimes, your version of events has not been communicated to the prosecutor. Had the police only done a one-sided investigation, you're now in the wrong position because they only have half the story.
So, it's my job as your attorney to speak to the prosecutors who are my peers and get your version of events out there. I also need to get any mitigating factors and circumstances surrounding the reckless driving arrest to the prosecutors before they make any decision on exactly how they're going to handle the case. So, pick up the phone, and let's get the case moving in the right direction and get you out of the criminal justice system as fast as possible.
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