Orange County Reckless Driving Lawyer
Fighting Against Reckless Driving Charges in California
Reckless driving charges can have very serious consequences, from hefty fines to license suspensions and potential jail time. At Braden & Tucci, we understand the stress and uncertainty of facing such allegations. As trusted Orange County reckless driving lawyers, we are committed to delivering skilled legal representation tailored to your unique situation. Whether you're accused of excessive speeding, aggressive driving, or other reckless behaviors, we protect your rights, challenge the evidence, and work toward the best possible outcome for your case.
Call Braden & Tucci today at (949) 996-0170 or contact us online to schedule a consultation with our reckless driving attorney in Orange County.
Reckless Driving Under CVC 23103
- Speeding 20 or More mph on the Street or 30 or More mph on Freeway: Reckless driving under California Vehicle Code Section 23103 while under the influence results in a mandatory additional and consecutive sixty (60) days in custody. The court cannot strike this allegation via California Penal Code §1385. A finding under this section, absent a determination that it is an unusual case where the interests of justice are served, is governed by California Vehicle Code § 23582(c).
How Reckless Driving Affects Your Insurance
One of the immediate consequences of a reckless driving conviction in Orange County is the impact on auto insurance premiums. Insurance companies view reckless driving as a high-risk behavior, often resulting in substantial rate increases. In some cases, policyholders may even face cancellation of their policies. This increased cost or lack of coverage can significantly burden an individual's financial situation, underscoring the need for careful consideration and legal guidance when charged with such offenses.
Additionally, a reckless driving conviction can lead to the addition of points on your California driving record. Accumulating too many points can result in license suspension, further complicating your daily routines and responsibilities. It is advisable to consult with legal professionals who can provide insights and strategies to potentially reduce charges or penalties, thus mitigating the impact on your insurance and driving status.
California Vehicle Code §23582
Driving Under the Influence; Additional Penalty for Excessive Speed & Reckless Driving During the Commission of an Offense:
- Any person who drives a vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum, prima facie, or posted speed limit on any other street or highway, and in a manner prohibited by Section 23103 during the commission of a violation of Section 23152 or 23153 shall, in addition to the punishment prescribed for that person upon conviction of a violation of Section 23152 or 23153, be punished by an additional and consecutive term of 60 days in the county jail.
- If the court grants probation or suspends the execution of sentence, it shall require as a condition of probation or suspension that the defendant serve 60 days in the county jail, in addition and consecutive to any other sentence prescribed by this chapter.
- On a first conviction under this section, the court shall order the driver to participate in, and successfully complete, an alcohol or drug education and counseling program, or both an alcohol and a drug education and counseling program. Except in unusual cases where the interests of justice would be served, a finding making this section applicable to a defendant shall not be stricken pursuant to Section 1385 of the Penal Code or any other provision of law. If the court decides not to impose the additional and consecutive term, it shall specify on the court record the reasons for that order.
- The additional term provided in this section shall not be imposed unless the facts of driving in a manner prohibited by Section 23103 and driving the vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum, prima facie, or posted speed limit on any other street or highway, are charged in the accusatory pleading and admitted or found to be true by the trier of fact. A finding of driving in that manner shall be based on facts in addition to the fact that the defendant was driving while under the influence of alcohol, any drug, or both, or with a specified percentage of alcohol in the blood.
FAQs About Reckless Driving
How Does Reckless Driving Impact Your Driving Record?
In Orange County, a reckless driving conviction results in two points on your driving record. Accumulating points can lead to higher insurance rates and, if too many points are gathered, potential suspension of your driver's license under the California Department of Motor Vehicles (DMV) point system. Maintaining a clean driving record is crucial for avoiding these issues. Legal guidance can be valuable in potentially reducing points or exploring alternatives that might mitigate the full impact of a reckless driving charge.
Is Jail Time Mandatory for Reckless Driving?
While jail time is a possibility for reckless driving convictions in Orange County, it is not always mandatory. The circumstances surrounding each incident and the driver's prior record can influence sentencing. Courts may impose fines, community service, or probation as alternatives to jail. However, aggravated cases involving repeated offenses or additional charges like DUI can indeed increase the likelihood of incarceration. Having a strong defense can make a significant difference in the outcome.
Can I Fight a Reckless Driving Charge?
Yes, you can challenge a reckless driving charge in Orange County. Defense strategies may include questioning the validity of the accusation, challenging evidence presented by law enforcement, or arguing for lesser charges. A legal professional experienced in traffic laws can assess the details of your situation and identify possible defenses. Each situation is unique, and effective representation can potentially reduce penalties or achieve other favorable results.
What Should I Do If I am Charged with Reckless Driving?
If you are charged with reckless driving, it is important to remain calm and seek legal assistance immediately. Document all details surrounding the incident as thoroughly as possible and avoid discussing the incident without legal representation. An attorney can provide guidance on how to navigate the legal process, represent your interests, and help aim for an outcome that minimizes the impact on your life. Legal expertise is invaluable in understanding your rights and potential outcomes.
Contact Our Orange County Reckless Driving Attorney Today
If you're facing reckless driving charges, don't wait to get the legal assistance you need. Our Orange County reckless driving lawyers at Braden & Tucci are ready to guide you through the legal process and fight for the best feasible result. Contact us today to schedule a consultation and discuss your case. We'll review your situation and get back to you promptly to build your defense. Your future deserves experienced, dedicated representation—reach out to us now.
Contact Braden & Tucci today to get started with our Orange County reckless driving lawyers.
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