Call Now Many types of behavior can count as reckless driving. Some common examples include: Swerving from lane to lane on a highway Driving in the oncoming traffic lane Completely blowing through a traffic light at high speed Ignoring multiple stop signs Driving on the sidewalk or speeding in a crowded area The penalties for reckless driving are not minor.
You only have 10 days to save your license after a DUI arrest! Stop the automatic suspension of your driver's license Get Legal Help Now. Email: attorney biggerharmanlaw. Read More. November 9, First Traffic Ticket in a While? Do This Now Read More. Home Driving Laws Speeding Laws. California's Speeding Laws and Penalties. Basic Speeding Law California's basic speeding law prohibits driving at a speed "greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.
Absolute Speed Limits There is no trick to how California's absolute speed limits work: If the absolute speed limit is 70 miles per hour and you drive faster than that, you've violated the law. California's absolute speed limits prohibit motorists from driving faster than: 70 miles per hour on freeways posted for that speed 65 miles per hour on freeways and other highways not posted for 70 miles per hours , and 55 miles per hour on two-lane, undivided highways unless posted for a higher speed.
Presumed Speed Limits California also uses presumed speed limits sometimes called "prima facie" limits. Unless otherwise posted, California's presumed speed limits include: 15 miles per hour at railroad crossings, in alleys, and highway intersections without feet of visibility of approaching vehicles, and 25 miles per hour in business and residential districts and school zones.
Costs of a Speeding Ticket Below, we list the "base fines" for speeding violations. Over Miles Per Hour Motorists who get caught driving faster than miles per hour face enhanced consequences.
The penalties for exceeding miles per hour are: First offense. Second offense. Third offense. Reckless Driving and Vehicular Homicide Depending on the circumstances, speeding could lead to a "reckless driving" conviction.
Below are a few to consider. The prosecution must prove that the defendant was driving the vehicle. You can raise a defense if you were not the driver of the vehicle. Our aggressive criminal defense attorneys can also attack any weak evidence that the prosecution may have against you. If the prosecution cannot prove that the defendant was driving, the charges will likely be dismissed or the defendant will be acquitted of the charges at trial. Another defense that might be raised in a reckless driving case is the necessity defense.
Here, the defendant must show that:. The fact that you were speeding, by itself, does not establish that you drove with wanton disregard for safety. It is only one factor the jury must consider out of all the surrounding circumstances. If this is the only evidence that the prosecution has against you, an experienced attorney will highlight this fact to defend you against your charges.
The court has stated that speeding can constitute reckless driving after considering the time, place, person, and surround circumstances.
See Hall v. Mazzei , 14 Cal. Under Vehicle Code , reckless driving which causes bodily injury is a serious crime punishable as a misdemeanor. Reckless driving, as defined in California, is any willful or wanton disregard for the safety of persons or property while operating a commuter vehicle. This law defines a bodily injury as a physical injury which requires professional medical treatment. The punishments are increased if reckless driving causes great bodily injury, which is defined as a significant or substantial physical injury.
Most importantly, if you were under the influence of drugs or alcohol and driving recklessly, you will face additional penalty enhancements. Most importantly, not only will the Courts take action, but the DMV may have a hearing to determine whether or not you can retain your privilege to drive.
Usually, DMV can suspend or completely revoke any driving privileges due to unsafe driving or if someone has been charged with a crime involving their vehicle.
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