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Orange County Wreckless Driving Attorney

Many believe reckless driving involves screeching tires and "donuts" in a parking lot. While this may qualify in some circumstances, the offense of reckless driving can include a much broader spectrum of behavior.

Defense of Reckless Driving

Like many inappropriate behaviors, where there is a valid reason, there is a valid defense. For Reckless Driving, a person may be reacting to other stimuli on the street, freeway, or parking lot that prevents them from obeying the traffic laws at that given moment. Additionally, where people have been accused of committing this offense, there have been instances where false allegations were in play so that someone could gain an unfair advantage over another person.

Law of Reckless Driving

If a person intentionally drives with wanton disregard for the safety of other people and property, he or she is guilty of reckless driving (Vehicle Code § 23103). The person must be aware that his or her actions are risky and they intentionally ignore that risk for it to be considered reckless driving.

While driving faster than the speed limit could potentially be considered reckless driving, the circumstances surrounding the incident must also be considered. For example, compare driving 80 mph on an empty stretch of freeway with a speed limit of 60 mph to driving 80 mph in the rain on a crowded city street with a speed limit of 40 mph. Both cases are speeding, but the second case shows reckless driving (disregard for pedestrians on the sidewalk and indifference towards hazardous environmental conditions) while the second case only seems to show someone taking advantage of an empty freeway.