Dry Reckless (Non-priorable as a California DUI)
California Vehicle Code §23103
- Any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
- Any person who drives any vehicle in any offstreet parking facility, as defined in subdivision (c) of §12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
- Persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in §23104.
California Criminal Jury Instruction
In order to gain a conviction under this Dry Reckless statute, a prosecutor must prove all elements of this crime. Those instruction and elements are located in the California Jury Instruction for Criminal cases (CALJIC) §16.840 and are as follows:
Every person who drives a vehicle upon a street or highway in willful or wanton disregard for the safety of persons or property is guilty of a violation of California Vehicle Code §23103 (a), a misdemeanor. Willful or wanton disregard means an intentional or conscious disregard for the safety of persons or property.
In order to prove this crime, each of the following elements must be proved:
- A person drove a vehicle upon a street or highway
- At the time, the driver did so with an intentional or conscious disregard for the safety of persons or property.
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