VC 23105 – Reckless Driving Causing Serious Injury

VC 23105 - Reckless Driving Causing Serious Injury

Reckless Driving Causing Serious Injury – Table of Contents

VC 23105 – Overview

What is the definition of Reckless Driving Causing Serious Injury as defined under California Vehicle Code 23105?

Any person that is convicted under California Vehicle Code 23103 of driving a vehicle on a highway in a willful or wanton disregard for the safety of persons or property though conduct that causes serious injury to another.

Is there a synonym for California Vehicle Code 23105?

Yes- A Dry or Wet Reckless causing injury.

VC 23105 – Prosecuting

What is the definition of Dry Reckless under Vehicle Code 23105 VC?

Any person who drives on a highway in a matter that demonstrates a willful or wanton disregard for the safety of others.

What is the meaning of reckless and wanton under Vehicle Code 23105 VC?

It is a state of mind indicating the desire to do no harm, but the circumstances for which the act should alert the driver that their conduct creates an unreasonable or dangerous risk to others- and possible serious injury will result.

Since gross negligence, recklessness and dangerous driving applies, is California Vehicle Code 23105 a lesser included offense for other Statutes?

There is not a lesser included offense, other than a dry reckless if there is no proof of serious bodily injury in medical reports or evaluations.

What is serious bodily injury as defined under California Vehicle Code 23105?

Serious bodily injury means a serious impairment of a person’s physical condition. This can mean loss of consciousness, concussion, bone fractures, the impairment function of an organ or body part or wound that requires extensive stitches, repair of medical procedure. Other examples include brain injury and paralysis.

What are exceptions to a violation of California Vehicle Code 23105?

Yes- Any violation of 23103 that causes serious bodily injury under a violation of California Vehicle Code 23105 as a result of trying to capture an image, sound recording or physical impression for a commercial purpose. These acts cannot warrant a charge under California Vehicle Code 23105 and must be found in violation of another offense.

VC 23105 – Sentencing

What are the penalties for a violation of California Vehicle Code 23105?

All convictions for a violation of California Vehicle Code 23105 are charged as a misdemeanor. The penalties include confinement ranges of 5 to 90 days in county jail with fines between $145 to $1000 dollars.

What about personal injury and property damage claims and other insurance issues associated with a vehicle accident associated with California Vehicle Code 23105, are there exceptions?

Yes- Proposition 213, limits the right of uninsured motorists, intoxicated drivers both fault and not at fault, and felons to sue and recover for non-economic damages- even if they are not at fault.

Proposition 213, codified in California Civil Codes 3333.3 and 3333.4, restricts jury awards for non-economic damages against claimants injured in automobile accidents in three primary occurrences. Non-economic damages are barred when: (1) The driver, passenger or owner has been convicted of a DUI; (2) The driver, or owner did not have the state minimum liability insurance at the time of the accident; or (3) When the injury sustained is by a convicted felon whether it be the driver, the owner, or passenger, whose injuries were sustained during the commission of a felony or immediate flight from a felony completed- even if far removed.

What are the penalties for a violation of California Penal Code 23105?

A violation of California Penal Code 23105 can be charged as a misdemeanor or felony. As charged as misdemeanor, penalties include confinement ranges of 30 days to 6 months in jail with fines ranges of $200 not exceeding $1,000. Charged as a felony, penalties include confinement ranges of 16 months, 2, 3 years in state prison apply with fines not exceeding $10,000.

What are examples of violations of California Penal Code 23105?

  1. Bob takes hormonal pills. The pills have been prescribed to her for 3 years. One of the side effects is drowsiness. As a result of the side effects the driver runs into 3 cars. One of the drivers sustained a concussion because of the impact. Bob is arrested.
  2. A high school graduate, during his graduation party, gets into his car to smoke medical marijuana and drink. The car is parked on the driveway of the parking lot of his home. While in the car, the driver accidentally causes the clutch to shift in reverse with his other foot on the gas, causing the car to back into his neighbor’s wife while she was walking their dog. That impact resulted in her left leg getting broken. The neighbor calls the police. The driver is arrested.
  3. After taking a shot of vodka at her corporate holiday party, the CEO gets in her car to drive home. While on the road she runs into a stalled car on the highway during traffic, which results in a gash wound on the other driver. An officer observes the incident and pulls over the faulty driver. The CEO complies with a field sobriety test and fails the test. She takes a breathalyzer test and yields a .08 BAC. She is arrested. Her attorney procures a plea to a dry reckless, but the City Attorney on the case mandates she pleas to a violation of California Vehicle Code 23105, with no admonishment of alcohol being present as a condition under the California Vehicle Code 23103.

VC 23105 – Defending

What are defenses to a violation of Vehicle Code 23105 VC?

  1. Involuntary Intoxication- Before driving, the driver ingested medication that caused adverse effects that was unanticipated.
  2. Legal Impossibility- The driver was not in apparent control of the vehicle because of a mechanical malfunction.
  3. No proof of any medical records or evaluations concluding a defined serious injury.

Charged with Reckless Driving? Call 310-274-6529
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VC 23105 – Hire a Lawyer

If you are charged with a violation of California Vehicle Code 23105, call The Esfandi Law Group, APLC. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group, APLC.

Call Us for a FREE Case Review: 310-274-6529

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