Can You Get a Reckless Driving Charge Dismissed in California?

Being arrested or cited for reckless driving under Vehicle Code § 23103 is more than just a traffic ticket — it’s a misdemeanor criminal charge that can carry jail time, heavy fines, and a permanent mark on your record. In California, prosecutors often file reckless driving when they believe your driving showed “willful or wanton disregard for the safety of people or property.” But speed alone does not automatically equal recklessness, and many cases can be reduced or dismissed with the right defense strategy.

At The Law Offices of Arash Hashemi, we’ve defended countless clients throughout Los Angeles County against reckless driving charges, often getting them reduced to minor traffic infractions — or thrown out entirely. We understand how these cases are built, what evidence prosecutors rely on, and the weaknesses we can target to protect your license, your record, and your freedom.

How Reckless Driving Charges Work in California

Under Vehicle Code § 23103, reckless driving is defined as operating a vehicle “in willful or wanton disregard for the safety of persons or property.” In plain language, this means the prosecution must show you were driving in a way that was not just careless, but deliberately dangerous — as if you knew your actions could put others at risk and chose to do them anyway.

It’s important to understand that speed alone is not enough to prove reckless driving. While excessive speed can be one factor, prosecutors typically need more evidence of risky behavior, such as:

• Aggressive lane changes or weaving through traffic at high speeds

• Tailgating in a way that forces other drivers to brake suddenly

• Street racing or speed contests on public roads

• Running multiple red lights or stop signs in quick succession

• Driving at high speeds in school zones, near crosswalks, or in heavy pedestrian areas

Because the legal definition is so broad, reckless driving charges are often based heavily on an officer’s opinion rather than objective evidence. That means one driver might get a traffic ticket for the same conduct that leads to a reckless driving arrest for someone else. Without dashcam footage, traffic camera recordings, or reliable witness testimony, the case may rest entirely on a subjective interpretation — which can be challenged in court.

This flexibility in the law is why many drivers are overcharged with reckless driving when their actions were closer to ordinary negligence, such as momentary distraction or misjudging a turn. In these situations, an experienced defense attorney can often negotiate a reduction to a non-criminal infraction or get the case dismissed entirely.

How We Work to Get Reckless Driving Charges Dropped

Early intervention is critical. The sooner we can get involved, the more opportunities we have to negotiate with the prosecutor or present evidence that undermines their case. We’ve successfully challenged reckless driving charges by showing:

• Speeding alone without other dangerous behavior is not enough to prove recklessness

• Dashcam, bodycam, or traffic camera footage contradicts the officer’s account

• Witnesses are unreliable or misinterpreted what they saw

• Weather, road, or traffic conditions played a role and did not create actual danger

• The client’s driving was momentary negligence, not intentional disregard for safety

In many cases, we can push for charges to be reduced to a non-criminal traffic infraction — avoiding a misdemeanor conviction, points on your license, and possible jail time.

If you’ve been cited or arrested for reckless driving, waiting until your first court date is a mistake. By then, the case may already be filed, making dismissal harder to achieve. We contact the prosecutor before charges are finalized, present mitigating evidence, and argue for a “DA reject” or reduction.

With over 20 years of criminal defense experience, Attorney Arash Hashemi knows how Los Angeles prosecutors handle reckless driving cases — and how to dismantle them. We move fast to protect your driving privileges, your record, and your future.

If you’ve been charged with reckless driving in Los Angeles County, don’t take it lightly. A conviction can mean up to 90 days in jail, $1,000 in fines, and two points on your driving record — plus higher insurance rates for years. Call us today for a free, confidential consultation and start building your defense now.

The Law Offices of Arash Hashemi
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Los Angeles, CA 90064
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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.