Defending Against Reckless Driving Causing Injury (Vehicle Code § 23104) in California

Facing Charges for Reckless Driving That Caused an Injury?

Reckless driving in California is already a serious offense. But when it results in someone else getting hurt, the stakes are even higher. Under California Vehicle Code § 23104, reckless driving causing injury is a criminal offense that can lead to jail time, fines, probation, and a permanent record—even if the injury was unintended.

At David P. Shapiro Criminal Defense Attorneys, we understand how overwhelming it can be to face these charges, especially if the accident happened during a moment of poor judgment or panic. We’ve helped clients avoid the harshest consequences by building strong defenses based on the facts, not assumptions. If you’ve been charged with reckless driving causing injury in San Diego, you need to act quickly and strategically.

What is Reckless Driving Causing Injury?

Reckless driving is defined in Vehicle Code § 23103 as driving “in willful or wanton disregard for the safety of persons or property.” When that reckless conduct leads to an accident where someone other than the driver is injured, the offense is elevated under Vehicle Code § 23104.

To secure a conviction under VC § 23104(a), the prosecution must prove:

1. You drove with reckless disregard for safety.
2. Your actions proximately caused bodily injury to another person.

You do not have to intend to hurt someone. Simply engaging in behavior considered dangerously reckless—like excessive speeding, swerving through traffic, or street racing—can be enough if it results in someone else getting injured.

Examples of Reckless Driving That Could Lead to Injury Charges

• Driving more than 100 mph on a freeway and crashing into another car
• Weaving through lanes at high speed without signaling
• Running red lights or stop signs in heavy traffic
• Street racing or performing dangerous stunts on public roads
• Fleeing a traffic stop or eluding law enforcement

If someone is injured in the process, even slightly, the prosecutor may file charges under VC § 23104.

Penalties for Violating Vehicle Code § 23104

Misdemeanor Reckless Driving Causing Injury – VC § 23104(a)

If your reckless driving caused bodily injury (such as cuts, bruises, or minor sprains), you could face:

• 30 days to 6 months in county jail
• A fine between $220 and $1,000
• Informal probation
• Two points on your DMV driving record
• Restitution to the injured person(s)

This is treated as a misdemeanor, but it still creates a criminal record and can lead to serious collateral consequences such as job loss or increased insurance premiums.

Felony-Level Penalties – VC § 23104(b)

If your reckless driving caused great bodily injury (GBI) and you have a prior conviction for any of the following offenses within the last 10 years:

• VC § 23103 or § 23104 (prior reckless driving)
• VC § 23105 (reckless driving causing serious injury)
• VC § 23109 or § 23109.1 (speed contest/exhibition of speed)
• VC § 23152 or § 23153 (DUI or DUI causing injury)

You could face:

• Up to 3 years in county jail under Penal Code § 1170(h)
• Additional fines and probation
• A felony conviction on your record

The court will evaluate the severity of the injuries, your prior driving history, and whether your actions showed willful disregard for others.

What Is “Great Bodily Injury” Under California Law?

The term “great bodily injury” (GBI) has a specific legal definition in California. According to Penal Code § 12022.7, GBI is any significant or substantial injury that goes beyond minor or moderate harm. Examples may include:

• Broken bones
• Concussions or brain injuries
• Internal bleeding or organ damage
• Disfigurement
• Long-term loss of function

If the injury meets the GBI threshold and you have a relevant prior conviction, your reckless driving charge can be treated much more harshly—even as a strike offense in some cases.

Defenses to Reckless Driving Causing Injury

No two cases are the same, and at David P. Shapiro Criminal Defense Attorneys, we explore every opportunity to fight the charges or reduce the consequences. Possible defenses include:

1. No Reckless Intent

The law requires proof of “willful or wanton” disregard—not simple negligence. If you were distracted or made a mistake, we may be able to argue that your actions didn’t meet the legal threshold.

2. Injury Was Not Caused by Your Driving

Even if you were driving recklessly, the prosecution must prove causation—that your actions led to the other person’s injury. If another driver, pedestrian, or hazard contributed to the crash, the case may fall apart.

3. No Injury Occurred

Sometimes what is initially reported as an injury turns out to be minor or unrelated. If the injury cannot be verified or does not meet legal standards, your charge may be reduced or dismissed.

4. You Were Not the Driver

If identification is in question—such as in hit-and-run scenarios—we may challenge whether you were actually the person behind the wheel.

Consequences Beyond Court: What You’re Really Facing

A conviction under VC § 23104 can impact more than just your criminal record. You may also face:

• Driver’s license suspension
• Skyrocketing insurance rates
• Points on your DMV record
• Difficulty maintaining or obtaining employment
• Immigration consequences (for non-citizens)
• Loss of professional licenses (for healthcare workers, commercial drivers, etc.)

When the stakes are this high, you need a defense attorney who knows how to navigate the system and protect your future.

Our Approach: Strategic, Respected, Results-Driven

At David P. Shapiro Criminal Defense Attorneys, we’ve built a strong reputation for defending individuals accused of serious driving offenses across San Diego County. From not guilty verdicts at trial to dismissals before arraignment, we take pride in fighting for outcomes that reflect the truth—not the charge.

We work with accident reconstruction experts, review bodycam and dashcam footage, subpoena witnesses, and challenge weak evidence to give our clients the best chance at success.

Charged with Reckless Driving Causing Injury in San Diego? Call Us Today.

You don’t have to go through this alone. If you’re facing charges under Vehicle Code § 23104, the decisions you make today can shape your future for years to come. Let our experienced legal team help you take back control and fight for your reputation, your license, and your freedom.

Call David P. Shapiro Criminal Defense Attorneys or visit https://www.davidpshapirolaw.com to schedule a confidential consultation.

FAQs – Reckless Driving Causing Injury in California

Is reckless driving causing injury a felony or misdemeanor?

It depends. Most cases are misdemeanors, but if the injury is severe and you have prior convictions, it may be charged as a felony.

Can I go to jail for reckless driving causing injury?

Yes. Even a first-time misdemeanor conviction carries up to 6 months in jail. Felony charges carry up to 3 years.

Is this a strike offense?

Not usually. But if great bodily injury is involved, and it’s charged with other felonies, you may face strike enhancements.

Can a lawyer get my charges reduced?

Yes. Depending on the facts, your attorney may negotiate for a reduction to basic reckless driving, or another lesser offense.