What’s Really Considered Reckless Driving in California?

California’s reckless driving law is deliberately vague. The statute uses phrases like “willful or wanton disregard for safety” without telling you what that actually looks like on the road. So you’re left wondering whether your Monday morning commute might technically qualify.

Good news. Most of what you’re worried about probably doesn’t count as reckless driving. Bad news. Some stuff that seems minor absolutely does. Let’s sort it out.

Key Takeaways

• Reckless driving requires intent, not just bad judgment. Under California Vehicle Code § 23103, prosecutors must prove you consciously ignored a known danger. Making a mistake, even a dumb one, isn’t automatically criminal.
• Speed over 100 mph creates a presumption of recklessness. But context matters. Going 85 on an empty desert highway is different from 70 in school zone traffic. The California Highway Patrol issued over 47,000 citations for speeds exceeding 100 mph in just the first half of 2025.
• Common gray-area behaviors like phone use or eating aren’t automatically reckless. These are separate infractions. They only become reckless driving when combined with genuinely dangerous conduct like weaving through traffic or near-collisions.
• Penalties escalate fast. A first offense can lead to up to 90 days in jail and fines of up to $1,000. If someone is injured, the penalty increases to up to six months in jail. If the incident causes serious injury, it may be charged as a felony, carrying a potential state prison sentence of up to three years.
• Reckless driving convictions unlock punitive damages in civil cases. If you were injured by a reckless driver, this distinction matters a lot for your compensation.

What Does California Law Actually Define as Reckless Driving?

Vehicle Code § 23103 says a person is guilty of reckless driving when they drive “in willful or wanton disregard for the safety of persons or property.”

That’s it. That’s the whole definition.

So what do “willful” and “wanton” actually mean? According to California’s standard jury instructions (CALCRIM 2200), a person acts with wanton disregard when they’re aware their actions present a substantial and unjustifiable risk of harm, and they intentionally ignore that risk.

The keyword there is “intentionally.”

This isn’t about making a mistake. It’s about knowing something is dangerous and doing it anyway. A momentary lapse in judgment? That’s negligence. Criminal recklessness requires something more. You had to understand the danger and choose to disregard it.

This distinction is why most everyday driving errors, even serious ones, don’t result in criminal charges. The law doesn’t criminalize being a bad driver. It criminalizes being a dangerous one who doesn’t care.

Reckless Driving at a Glance: What Counts, What Doesn’t, and the Gray Areas

Clearly Reckless	Gray Area (Context Dependent)	Not Reckless
Driving over 100 mph	Speeding 15-25 mph over limit	Speeding 5-10 mph over limit
Street racing	Phone use while driving	Simple failure to signal
Weaving through traffic at high speed	Eating or drinking while driving	Running a stop sign (alone)
Running red lights at dangerous speeds	Loud music blocking sirens	Illegal U-turn
Extreme tailgating with no stopping distance	Driving posted limit in bad weather	Misjudging a gap when merging
Road rage with intentional intimidation	Single aggressive lane change	Equipment failure (brakes, tires)
Fleeing from police	Lane splitting at excessive speed	Emergency swerve to avoid collision

What Behaviors Are Clearly Considered Reckless?

Some things are obvious. You don’t need a law degree to know these cross the line.

Driving Over 100 MPH

Speeds exceeding 100 mph constitute what lawyers call “prima facie evidence” of willful and wanton disregard for safety. In plain English: you’re assumed to be reckless unless you can prove otherwise.

It happens more than you’d think. CHP data shows that 116,000+ crashes in 2024 resulted directly from unsafe speed, causing roughly 500 deaths and over 48,000 injuries.

Street Racing

California treats this as its own crime under Vehicle Code § 23109. First offense means up to 90 days in jail and a $1,000 fine. Get caught again, and you’re looking at six months, plus a mandatory license suspension.

The state reported over 10,000 street racing incidents in 2023 alone. CHP has actually deployed new low-profile patrol vehicles specifically to catch this behavior.

Aggressive Tailgating and Weaving

Following too closely when you can’t possibly stop in time. Cutting across multiple lanes without signaling. Doing it at high speed while threading through traffic.

This stuff becomes reckless driving based on context. A single lane change without signaling? Traffic violation. Doing it repeatedly at 90 mph with inches to spare? That’s criminal.

Running Red Lights at Speed

A red light violation by itself is just a traffic ticket. But blowing through a busy intersection at 50 mph during rush hour? That’s a different situation entirely. The combination of speed, traffic density, and obvious danger elevates it from an infraction to a crime.

Running red lights caused approximately 1,086 deaths nationwide in 2023. The behavior accounts for about 22% of the aggressive driving incidents Americans witness every day.

Where Are the Gray Areas?

This is what most people really want to know. The stuff that feels like it should be reckless but might not be. Or the things that seem minor but could get you in serious trouble.

Can Phone Use Lead to Reckless Driving Charges?

As of June 2025, California law prohibits holding your phone for any reason while driving. That includes GPS navigation. First violation costs around $160 with fees. Second offense within 36 months adds a point to your record.

But these are infractions. Not crimes.

Phone use becomes reckless driving only when it causes genuinely dangerous behavior. Swerving into oncoming traffic. Nearly hitting pedestrians. Missing stop signs because you’re scrolling Instagram. The phone itself isn’t the crime. The resulting unsafe driving pattern is.

What About Eating While Driving?

California has no law prohibiting eating or drinking while driving. None. You can demolish a Big Mac at 65 mph on the 405, and technically, that’s not illegal.

Until it is.

The test is whether your distracted behavior causes unsafe driving. Spilling hot coffee and swerving across three lanes? Problem. Taking a bite of a sandwich while maintaining your lane? Probably fine. Context determines everything.

Does Loud Music Count as Reckless?

No specific California statute addresses music volume. Crank it up all you want. Legally speaking, that’s your business.

The issue arises if extremely loud music prevents you from hearing emergency sirens, horns, or other critical traffic sounds. Even then, it’s a contributing factor rather than standalone recklessness. You’d need to combine it with other dangerous behavior for criminal charges to stick.

What Definitely Isn’t Considered Reckless Driving?

Just as important as knowing what counts is knowing what doesn’t. These situations lack the “willful disregard” element that criminal recklessness requires:

• Ordinary traffic violations. Running a stop sign, illegal U-turns, speeding 10 miles per hour over the limit, and failure to signal. These are civil infractions. You pay a fine, maybe do traffic school. Not crimes.
• Honest mistakes and momentary lapses. You misjudged how fast the other car was going. You merged and missed someone in your blind spot. Bad judgment isn’t the same as conscious disregard for safety.
• Equipment failures. Brakes failed. Tire blew out. These mechanical issues aren’t willful conduct.
• Emergency maneuvers. You swerved to avoid a child who ran into the street. Necessity is a valid defense when the emergency was real, your response was reasonable, and no safer alternative existed.

What Are the Consequences If You’re Charged?

Let’s talk penalties. They’re worse than most people expect.

First-Time Misdemeanor Conviction (No Injuries)

• 5 to 90 days in county jail
• Fines between $145 and $1,000
• 2 points on your DMV record
• Probation for 1 to 3 years (typical)
• Potential 6-month license suspension

Plus, the part that really hurts: insurance premiums increase 20-50%. That’s an extra $500 to $1,500 annually. Some insurers jack rates up 150% or more. Some drop you entirely.

Reckless Driving Causing Injury (Vehicle Code § 23104)

Now we’re talking about a more serious misdemeanor.

• 30 days to 6 months in county jail
• Fines from $220 to $1,000
• Probation for 1 to 3 years

The prosecution has to prove that your recklessness “proximately caused” the injury. That’s a legal way of saying your dangerous driving was the direct reason someone got hurt.

Reckless Driving Causing Serious Injury (Vehicle Code § 23105)

This is where things can turn into a felony.

California treats VC 23105 as a “wobbler” offense. Prosecutors can charge it as either a misdemeanor or a felony, depending on circumstances.

A felony conviction means:

• 16 months, 2 years, or 3 years in state prison
• Fines up to $10,000
• Potential Three Strikes enhancement

“Serious injury” has a specific legal definition. It includes loss of consciousness, concussion, bone fractures, organ damage, serious disfigurement, and wounds requiring extensive suturing.

The Long-Term Record Impact

The points stay on your DMV record for 3 years. But the criminal conviction? That’s permanent.

Get 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months, and you’re classified as a negligent operator. That triggers a 6-month license suspension and a year of probation.

A single reckless driving conviction (2 points) can push you over the threshold if you already have prior violations.

When Should You Talk to a Lawyer?

That depends entirely on which side of this you’re on.

If You’re Facing Charges

Don’t wait. Reckless driving is a criminal charge with serious consequences. You have rights. You have defenses. But the window to use them effectively narrows quickly.

Common defenses include necessity (you were avoiding a greater danger), lack of intent (you weren’t aware of the risk), and challenging the evidence (radar calibration, witness credibility, officer observations).

If You Were Injured by a Reckless Driver

The statute of limitations for personal injury claims in California is generally two years. But gathering evidence, documenting your injuries, and building a strong case takes time.

Reckless driving cases are different from ordinary accident claims. The potential for punitive damages changes the strategic calculus. An attorney experienced with these cases can advise whether pursuing the enhanced damages is worth the additional complexity.

What Should You Do Next?

If you or someone you love was injured by a reckless driver, or if you’re facing reckless driving charges in California, DK Law can help.

Don’t navigate this alone. Contact DK Law for a free consultation to discuss your specific situation. We’ll preserve the evidence, identify all liable parties, and fight for the full compensation you deserve.