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Reckless Driving in California

How reckless driving is charged in California, whether it is a misdemeanor or felony, and the maximum penalties, from the state criminal code.

Short answer: Reckless driving is driving a vehicle on a highway or in an off-street parking facility with willful or wanton disregard for the safety of persons or property; speeding alone does not prove it. Cal. Veh. Code §§ 23103(a)-(c), 23104, 23105; CALCRIM No. 2200

Reckless drivingReckless driving is driving a vehicle on a highway or in an off-street parking facility with willful or wanton disregard for the safety of persons or property; speeding alone does not prove it. It is a misdemeanor punishable by 5 to 90 days in county jail and/or a fine of $145 to $1,000. Reckless driving that causes bodily injury to someone else carries 30 days to 6 months in county jail and/or a fine of $220 to $1,000. If it causes certain serious injuries (such as loss of consciousness, a concussion, a broken bone or serious disfigurement), or causes great bodily injury by a driver with a prior reckless driving or DUI conviction, it can be charged as a misdemeanor or felony (16 months, 2 or 3 years under Penal Code § 1170(h)).
Code §§ 23103, 23104, 23105. Pen. Code § 19 sets the default misdemeanor maximum (6 months and/or $1,000) where a section sets none; Pen. Code § 18 and § 1170(h) set the default felony term of 16 months, 2 or 3 years. Elements also follow the Judicial Council's CALCRIM jury instructions (CALCRIM No. 2200). Re-verified and corrected 2026-10-27.

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FAQ

Is reckless driving a crime in California?
Reckless driving is driving a vehicle on a highway or in an off-street parking facility with willful or wanton disregard for the safety of persons or property; speeding alone does not prove it. It is a misdemeanor punishable by 5 to 90 days in county jail and/or a fine of $145 to $1,000. Reckless driving that causes bodily injury to someone else carries 30 days to 6 months in county jail and/or a fine of $220 to $1,000. If it causes certain serious injuries (such as loss of consciousness, a concussion, a broken bone or serious disfigurement), or causes great bodily injury by a driver with a prior reckless driving or DUI conviction, it can be charged as a misdemeanor or felony (16 months, 2 or 3 years under Penal Code § 1170(h)).
Can I get a court-appointed lawyer for reckless driving in California?
California's rule on court-appointed lawyers: At the arraignment, if the defendant cannot afford a lawyer, the judge will appoint one, typically a public defender, free of charge. If the public defender cannot take the case or there is no public defender in the area, the court will usually appoint another lawyer. California Courts Self-Help Guide, 'The arraignment'
How much does a lawyer for reckless driving cost in California?
Lawyers set their own fees, and California has rules on how they may charge. See hiring a criminal defense lawyer in California for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for reckless driving in California?
How release before trial works in California: Each county superior court adopts a bail schedule under Penal Code § 1269b; it fixes the amount on which a person arrested without a warrant may be released before appearing in court. After the first court appearance, the amount of bail is within the judge's discretion and may be higher or lower than the schedule, subject to Penal Code § 1275 and controlling case law, including In re Humphrey (2021) 11 Cal.5th 135. Persons not entitled to bail are those charged with capital crimes when the facts are evident or the presumption great; felonies involving acts of violence when the facts are evident or the presumption great and the court finds by clear and convincing evidence a substantial likelihood that release would result in great bodily harm to others; and felonies when the facts are evident or the presumption great and the court finds by clear and convincing evidence that the person threatened another with great bodily harm and would likely carry out the threat. For serious and violent felonies and certain domestic-violence and stalking offenses, release on bail in an amount other than the schedule requires a hearing in open court. At arraignment the judge may release a defendant on his or her own recognizance, release under supervision, set bail, or not set bail; typically, someone charged only with misdemeanors will be released on their own recognizance. Cal. Const. art. I, § 12; Cal. Penal Code §§ 1269b, 1270.1, 1270.5, 1275; Santa Clara County Superior Court 2026 Criminal Bail Schedule; California Courts Self-Help Guide What happens after an arrest.
Can a conviction for reckless driving be removed from my record in California?
Each state sets its own rules for sealing or expunging records. See California expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.