VC 23103 – Reckless Driving
California Vehicle Code Section 23103, also known as the “Reckless Driving” statute, reads as follows:
VC 23103(a): A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
VC 23103(b): A person who drives a vehicle in an off-street parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
Overview of the Criminal Charge in the Context of DUI
California Vehicle Code Section 23103 is generally used to charge individuals with reckless driving, but it also plays a significant role in DUI cases under specific circumstances. This section can be a pivotal element in plea bargaining, where a DUI charge might be reduced to a lesser offense, such as reckless driving, which is often referred to as a “wet reckless.”
Reckless Driving and DUI
Reckless driving under VC 23103 is a serious offense, defined as operating a vehicle with “willful or wanton disregard for the safety of persons or property.” In the context of DUI, this statute becomes relevant in two primary scenarios:
- Wet Reckless Plea Bargain:
- In some DUI cases, especially first-time offenses or cases where the evidence of intoxication is borderline, the defense may negotiate with the prosecution to have the DUI charge reduced to a “wet reckless” under VC 23103. A “wet reckless” is not a separate charge in the Vehicle Code but rather a reckless driving conviction with a note that alcohol was involved.
- This plea deal is attractive because the penalties for a “wet reckless” are generally less severe than those for a DUI. For instance, a “wet reckless” typically carries shorter probation periods, lower fines, and less mandatory jail time. However, it still counts as a prior DUI on the defendant’s record, meaning that if the individual is charged with DUI again within 10 years, the penalties will be enhanced.
- “Dry Reckless” Charge:
- A “dry reckless” is another form of reckless driving charge under VC 23103 but without any alcohol or drug implication. In some cases, a DUI may be reduced to a “dry reckless,” which is an even more favorable outcome than a “wet reckless.” A “dry reckless” does not carry the same stigma or prior offense implications as a “wet reckless” or DUI, and the penalties are generally lighter.
Penalties for Reckless Driving under VC 23103
If convicted of reckless driving under VC 23103, the penalties can vary depending on whether the conviction is for a “wet reckless” or “dry reckless” and whether there are prior offenses. Typical penalties include:
- For a First Offense:
- Misdemeanor conviction.
- Jail time ranging from 5 to 90 days.
- Fines ranging from $145 to $1,000.
- Probation up to 2 years.
- Two points on the driver’s license.
- For a “Wet Reckless”:
- Additional DUI-related penalties, such as mandatory DUI school.
- The conviction can be used as a prior DUI offense if there is a subsequent DUI charge within 10 years.
- For a “Dry Reckless”:
- Lower fines and jail time compared to a DUI or “wet reckless.”
- No mandatory DUI school or alcohol-related conditions.
Defenses to Reckless Driving in the Context of DUI
In defending against a reckless driving charge under VC 23103 in the context of DUI, several strategies might be employed:
- Challenging the Evidence of Recklessness: The defense may argue that the driving behavior did not rise to the level of “willful or wanton disregard” for safety. For example, the defendant might have been driving over the speed limit but not in a manner that endangered others.
- Questioning the Circumstances of the DUI Arrest: If the reckless driving charge stems from a DUI stop, the defense might challenge the legality of the traffic stop, the accuracy of the breathalyzer, or the validity of the field sobriety tests.
- Negotiating a Plea Bargain: As discussed, a key aspect of defense strategy in DUI cases is negotiating with the prosecution to reduce a DUI charge to a “wet reckless” or “dry reckless.” This is often pursued when the evidence against the defendant is strong, but the defendant wishes to avoid the harsher penalties associated with a DUI conviction.
Conclusion
California Vehicle Code Section 23103 is a versatile statute that is applied in various reckless driving situations, including those involving DUI. Understanding the implications of this law, especially in the context of DUI plea bargaining, is crucial for defendants and their attorneys. A conviction under VC 23103, whether for a “wet reckless” or “dry reckless,” can have significant legal and personal consequences, making it essential to approach such cases with a robust defense strategy.