CVC 23103, Reckless Driving in California

location: Santa Maria (Santa Barbara County), California, 93455

First, i have a question. I have been reading the other california recless driving posts on here, and have seen here that a reckless driving charge cannot be based on speed alone. Is this a law or a court decision somewhere, because i believe i was given this ticket based on speed alone. thanx!

Ok, i was driving following a friend (she got the same ticket... more on that later). We went through an intersection doing about 55-60 (based on my car bein in 2nd gear and redline is at 65 in that gear). The posted limit on the section of road we were coming from was 40, and the section of road that we were going to (the section pulled over on) is posted as 45. Couple of things, on my ticket, the cop wrote that i was doing 70, and wrote the posted limit as 40. Do I have anything to use in court or TBD here?

Also, there was no evidence given by the cop at the time he issued me the ticket of anything other than speeding. The road we were on has no buildings, and has farm land on both sides. I dont see a willful and wanton disregard for property in that.

last question here: on my friend's ticket, the cop didnt write the speed traveled, or the posted speed limit, max speed limit etc... is this right?

to the best i can see, the 2 of us were going 10-15 over the posted limit, me following her, and they were out to catch someone on this section of road... street racing is prevalent in my area... The only thing i see here is speeding, i dont see reckless driving, am i missing something?

thank you for your help.
-Kevin

addition, the 70mph he wrote down on the ticket was his visual guestimation... he did not use radar

The officer does not have to give you the reason for the charge at the time of the stop.

Pursuant to CVC 23103 Any person who drives any vehicle upon a highway or off-street parking facility in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

And ...

Willful" means with intentional disregard for safety. "Wanton" means while being conscious (aware) of the conduct, intending to do or omit the act in question, realizing the probable injury to another, and recklessly disregarding the consequences. (Dewey (1996) 42 Cal.App.4th 216, 221; Schumacher (1961) 194 Cal.App.2d 335, 340.)

The most common example of reckless driving is high-speed driving, but it takes something beyond just speeding, simple negligence, or even "gross" negligence. (Allison (1951) 101 Cal.App.2d Supp. 932, 935.)

So, speed cannot be the sole determining factor in a reckless driving charge in CA. You may not know the remainder of the details the officer will allege until your attorney gets a copy of the police report or his notes (if it stays in traffic court).

- Carl