Traffic Crimes Defense · Los Angeles County
Los Angeles Traffic Crimes Lawyer
Notice to Appear on a Misdemeanor?
Reckless driving. Street racing. License protection.
Daniel S. RubinTraffic Crimes Defense Attorney
01 — Quick Facts
California Traffic Crimes — At a Glance
02 — The Law
Criminal Traffic Offenses in California
California's Vehicle Code criminalizes conduct that goes beyond ordinary infractions. VC §23103 (opens in new tab) (reckless driving) requires "willful or wanton disregard for the safety of persons or property." VC §23109 (opens in new tab) criminalizes engaging in a speed contest or exhibition of speed on a public highway.
VC §14601 (opens in new tab) makes it a misdemeanor to drive while your license is suspended or revoked — knowledge of the suspension is a required element. Frequent companion filings include DUI and hit and run.
03 — Penalties
Traffic Crime Penalties in California — What You Are Facing
| Offense | Statute | Classification | Jail | Fine | License | Points |
|---|---|---|---|---|---|---|
| Reckless Driving | VC §23103 | Misdemeanor | Up to 90 days | Up to $1,000 | No suspension | 2 points |
| Reckless w/ Injury | VC §23104 | Wobbler | 1 yr (misd) / 16 mo–3 yrs (felony) | Up to $10,000 | Suspension possible | 2 points |
| Speed Contest | VC §23109(a) | Misdemeanor | 24 hrs – 90 days | $355–$1,000 | 6-month susp. (mandatory) | 2 points |
| Exhibition of Speed | VC §23109(c) | Misdemeanor | Up to 90 days | Up to $500 | 30-day impound | 2 points |
| Driving on Suspended | VC §14601 | Misdemeanor | Up to 6 months | $300–$1,000 | Extension | 2 points |
| Driving on Suspended (DUI) | VC §14601.2 | Misdemeanor | 10 days – 6 months (mandatory) | $300–$1,000 | Extension | 2 points |
| Evading a Peace Officer | VC §2800.2 | Wobbler | 1 yr (misd) / 16 mo–3 yrs (felony) | Up to $10,000 | Suspension / revocation | 2 points |
Negligent-operator suspension triggers at 4 points in 12 months, 6 in 24, or 8 in 36 — combined with the offense-specific suspensions above, most traffic-crime convictions produce compound license exposure.
Additional Consequences Beyond the Courtroom
- Insurance rate increases of 50–200% for 3–7 years
- Ineligibility for many CDL and rideshare positions
- Vehicle impoundment up to 30 days (VC §22651 / §14602.6)
- Civil liability if injury occurred
- Immigration exposure on reckless-injury and evading counts
- Professional-license discipline for licensed drivers (chauffeur, CDL, TCP)
- Enhanced sentencing on any future traffic conviction
- SR-22 requirement following most suspension-triggering convictions
04 — Defense Strategies
How We Defend Traffic Crime Cases
Not Willful/Wanton
Reckless driving requires willful or wanton disregard — not mere speed or negligence.
- Speeding alone is not reckless driving.
No Knowledge (§14601)
Driving on a suspended license requires actual knowledge of suspension.
- DMV notice-of-suspension issues can defeat the element.
Radar & Lidar Challenges
Speed measurement, radar calibration logs, and officer certification records are all discoverable and often defective.
Infraction Reduction
Reckless and lesser traffic misdemeanors can be reduced to infractions in appropriate cases — eliminating criminal record impact.
Diversion
Judicial diversion available on many non-DUI traffic misdemeanors — dismissed on completion.
DMV Coordination
Companion license actions handled in parallel to prevent DMV imposing consequences the court did not order.
05 — Common Charges
Traffic Crimes We Defend
Reckless Driving
Willful or wanton disregard for safety — often over-filed from speeding cases.
Learn moreStreet Racing
Speed contest on public roads. Sideshow enforcement is a Los Angeles priority.
Learn moreExhibition of Speed
Public display of acceleration or wheel-spinning. Frequently paired with sideshow arrests.
Learn moreDriving on Suspended
Knowledge element required; enhanced penalties on prior DUI-based suspensions.
Learn moreWet Reckless
Common negotiated reduction from DUI to reckless with alcohol admission — see our DUI page.
Learn more06 — Possible Outcomes
Possible Outcomes in a Traffic Case
Case Dismissed or Not Filed
The best possible outcome — no conviction, no record.
- Trial by written declaration wins under CVC §40902
- Officer non-appearance dismissals under PC §1382
- Suppression on unlawful stop or radar-calibration defects
Reduced to Non-Moving Violation
- Moving violation amended to a non-point mechanical violation
- Speed contest (VC §23109) reduced to basic speed (VC §22350)
- Reckless driving reduced to exhibition of speed or infraction
Minimized Sentence
If a conviction cannot be avoided, we fight for the lowest possible exposure.
- Traffic school to mask the point on the DMV record
- Fine reductions and community-service conversions
- License-preservation orders for commercial drivers
Diversion & License Relief
- Judicial diversion under PC §1001.95 for eligible misdemeanors
- Negligent-operator hearings under VC §14100
- Restricted-license and IID advocacy at the DMV
07 — License Consequences
DMV Impact of Traffic Crimes
- 2 DMV points on reckless driving and speed contest
- Mandatory 6-month license suspension on speed-contest convictions
- Negligent-operator suspension after 4 pts / 12 mo., 6 / 24 mo., or 8 / 36 mo. (VC §12810)
- Insurance rate increase or non-renewal for 3–7 years
- SR-22 filing required after most suspensions
- Vehicle impoundment for 30 days on sideshow arrests (VC §14602.9)
- CDL disqualification on certain moving-violation combinations
- License-hold consequences on unresolved FTA warrants
08 — FAQs
Traffic Crimes Questions — Los Angeles
Is reckless driving a crime in California?
Yes. VC §23103 is a misdemeanor — not an infraction. Conviction carries up to 90 days county jail, a $1,000 fine, DMV points, and increased insurance rates. Reckless-with-injury under §23104 is a wobbler with felony exposure.
What is the difference between reckless driving and speeding?
Speeding is a strict-liability infraction under VC §22350. Reckless driving under VC §23103 requires willful or wanton disregard for safety — significantly higher than mere speed. Charging speeding as reckless is often an overreach that we defeat.
Can I lose my license for a speed contest?
Yes. VC §23109(a) mandates a 6-month DMV license suspension on conviction — separate from any court sentence. This suspension is not negotiable at DMV; it flows automatically from conviction and must be prevented at the criminal case.
Is driving on a suspended license a felony?
No — VC §14601 variants are misdemeanors. However, they carry up to 6 months jail (or 1 year in aggravated cases), and repeat DUI-based suspensions produce enhanced sentences. Ignition Interlock Device violations under VC §23247 are also misdemeanors.
Can traffic crimes be reduced to infractions?
Yes. PC §17(d) permits reduction of certain traffic misdemeanors to infractions with prosecutor consent. Successful reductions eliminate criminal-record impact and avoid DMV point consequences in some cases.
Can my car be impounded for street racing?
Yes. VC §14602.9 authorizes 30-day impoundment when a vehicle is used in a speed contest or exhibition of speed. LA County law enforcement uses this authority aggressively at sideshow enforcement events.
Will a traffic crime conviction affect my insurance?
Yes. Reckless driving, speed contest, and driving-on-suspended convictions typically trigger rate increases or non-renewal. Many insurers require SR-22 filings post-conviction. Diversion and infraction reduction preserve insurance status where available.
Can I avoid jail on a traffic crime?
In most first-time non-injury cases, yes. Diversion under PC §1001.95, misdemeanor probation, and negotiated infraction reductions typically avoid custody. Injury and repeat cases have narrower non-custody pathways.