Under California state law, a person who drives a motor vehicle in willful or wanton disregard for the safety of persons or property can be convicted of reckless driving, which, if the District Attorney (DA) agrees, can possibly serve as an alternate negotiated plea disposition to your Bay Area DUI charge. (Vehicle Code § 23103.) Reckless driving is a so called “lesser-related offense” of DUI, and an experienced Bay Area DUI attorney can possibly obtain a favorable plea agreement for reckless driving on your behalf, instead of DUI. In our next DUI blog post, we will discuss the offense of “wet reckless driving,” which is not to be confused with the standard substantive offense of “reckless driving,” otherwise known as a “dry reckless.”
Thus, to be convicted of “dry reckless” driving, the local DA (for example, the Alameda/San Francisco/San Mateo or Santa Clara County District Attorney) must prove beyond a reasonable doubt that the California driver operated a vehicle, and he or she intentionally drove with wanton disregard for the safety of persons or property.
A California driver acts with “wanton disregard for safety” when (1) he or she is aware that his or her actions present a substantial and unjustifiable risk of harm, and (2) he or she intentionally ignores that risk. The person does not, however, have to intend to cause damage.
If it is concluded that the individual drove faster than the legal speed limit (speeding), that fact by itself does not establish that the person drove with wanton disregard for safety. The driver’s speed, along with all the surrounding circumstances, are considered in determining whether the reckless driving defendant drove with wanton disregard for safety. (Calcrim 2200.)
If you have been accused of driving under the influence, please contact San Francisco/Oakland DUI attorney Eloy I. Trujillo to discuss your case, and any possible defenses.
Note: this article is not intended to be legal advice. The specific facts of your case should be discussed with legal counsel. Contact the Law Offices of Eloy I. Trujillo today to discuss your case with an experienced Bay Area DUI Lawyer.
We represent clients in all courts of Alameda County, San Francisco County, San Mateo County, Contra Costa County, Solano County, Sonoma County, Napa County, Santa Cruz County, Santa Clara County and Marin County. Criminal defense, DUI and traffic ticket lawyer, Eloy I. Trujillo represents clients throughout the entire San Francisco Bay Area including: Alameda, Albany, Antioch, Berkeley, Burlingame, Castro Valley, Dixon, Dublin, El Cerrito, El Sobrante, Emeryville, Fairfax, Fairfield, Fremont, Hayward, Hillsborough, Lafayette, Livermore, Martinez, Mill Valley, Mountain View, Oakland, Orinda, Palo Alto, East Palo Alto, Piedmont, Pittsburg, Pleasanton, Redwood City, Richmond, San Bruno, San Francisco, South San Francisco, San Leandro, San Lorenzo, San Mateo, Santa Clara, San Jose, San Pablo, San Rafael, San Ramon, Santa Rosa, Napa, Union City, Vacaville, Vallejo and Walnut Creek.
Eloy I. Trujillo's main offices are located in San Francisco and Oakland, California.