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Charges

Reckless Driving (Vehicle Code 23103)

A misdemeanour that usually ends in a citation — unless injury, alcohol, or an old warrant is involved.

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Vehicle Code 23103 makes it an offence to drive a vehicle in wilful or wanton disregard for the safety of persons or property. It is a misdemeanour, and on its own it usually ends with a citation rather than a booking.

The provisions

23103(a) Reckless driving on a highway.
23103(b) Reckless driving in an off-street parking facility.
23104 Where the reckless driving proximately causes bodily injury to another person — treated considerably more seriously, and this is where the bail question usually becomes real.
23109 Speed contests and exhibitions of speed — a separate offence frequently charged in the same circumstances.

A note on “wet reckless”

Vehicle Code 23103.5 is widely known as a “wet reckless”. It is worth being clear about what it is: a provision that arises when a DUI charge is reduced through plea negotiation. Nobody is arrested for a wet reckless. If someone is in custody tonight on a drink-driving allegation, the booking charge is DUI, and the bail figure is the DUI figure — see DUI bail. Any negotiation happens much later and is a matter for a defence lawyer.

What turns a citation into custody

  • Injury, bringing VC 23104 into play, or a more serious allegation again where injury is severe.
  • A DUI investigation arising from the same stop — see DUI and DUI causing injury.
  • An outstanding warrant found during the booking check — the most common single reason, and one that carries its own separate bail amount under Penal Code 1269b(g). See how to check for a warrant.
  • Fleeing, which is a different and more serious offence — see evading police.
  • Leaving the scene — see hit and run.

The vehicle, and the suspension that follows

The car is frequently towed, and storage fees accrue daily and separately from anything to do with bail — see getting property back. A conviction can also carry licence consequences, and driving afterwards on a suspended licence is its own offence — see driving on a suspended licence.

Working out the amount, and what can change it

The figure comes from the countywide schedule that Penal Code 1269b requires each county’s judges to adopt and revise annually — which is why Orange and Los Angeles County can attach different numbers to identical conduct. A judge may raise bail under Penal Code 1269c, a hearing may be required before release in serious cases under 1270.1, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.

The process around it

Where they are, and where the case is heard

Which facility is holding the person decides how much time you actually have — a Temporary Holding facility must move someone within 24 hours, while a Type I city jail may hold an adult up to 96 hours excluding holidays. See what the classifications mean, then our Orange County and Los Angeles County jail guides, and find an inmate.

Neither county’s Superior Court publishes a public city-by-city table assigning criminal cases to courthouses. The release paperwork names the courthouse, date and time, and it governs — see understanding your release paperwork and all courthouses.

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.


Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing on this page is legal advice, and we cannot predict how any case will be charged or resolved. Charging decisions are made by the prosecutor, not by the arresting agency, and bail schedules are revised annually. Always confirm current details with the facility, the court, or a criminal defence lawyer. California bail license 1841014.

Talk to a licensed agent now

Anaheim1055 N Harbor Blvd
Open 24 hours
(714) 520-2002
BreaOpen 24 hours
North county and the 57 corridor
(657) 286-5038
La HabraOpen 24 hours
North county and the LA County line
(562) 690-8303