Driving crimes are moving violations that violate California’s driving rules and regulations. These could include minor offenses to more serious offenses such as vehicular manslaughter. Working with a criminal defense attorney helps when the prosecution charges you with a driving crime. This article covers some of the common driving crimes that we at Michele Ferroni Pasadena Criminal Attorney Law Firm help clients fight.

1. Driving Under Influence

California makes it unlawful for anyone to drive a vehicle under the influence of an alcoholic beverage. The prosecution can charge you with a DUI if you display signs of intoxication while driving under the influence.

Prosecutors bring DUI charges under VC 23152 (a) or VC 23152 (b), depending on the evidence available. Let’s look at the two laws briefly.

VC 23152 (a) makes it a crime to drive under the influence of alcohol. Being under the influence means that your mental and physical abilities are impaired to the level that you could not exercise the same caution a sober and cautious driver could exercise.

Under this statute, you can be convicted for a DUI even if you had a BAC lower than 0.08%, as long as the prosecution can prove that:

  • You drove a motor vehicle
  • You were under the influence of alcohol at the time you drove the vehicle

Some of the evidence the prosecution might use to prove you were under the influence includes:

  • You drove erratically
  • You smelled of alcohol
  • You slurred in your speech
  • You had an uneven gait
  • You failed field sobriety tests
  • You admitted to drinking

Alternatively, the prosecution could charge you for a DUI under VC 23152 (b), which makes it a crime to drive with a BAC of 0.08% or higher. In this case, the prosecution needs to prove that you were driving a vehicle and had a BAC of 0.08% or higher. For commercial drivers, the BAC limit is 0.04% and 0.01% for underage drivers (drivers under 21 years of age).

In California, subsequent DUI offenses result in progressively stiffer penalties for each offense within ten years of the first offense. The penalties for a DUI include:

First DUI Offense

The first DUI offense is a misdemeanor in California. The penalties include misdemeanor probation, up to six months in county jail, fines between $390 and $1000, and driver’s license suspension for up to ten months. You may reinstate your driving privileges by installing an ignition interlock device for six months. You must also attend a court-approved alcohol class for three to nine months.

Second DUI Offense

The second DUI offense in ten years is still a misdemeanor whose penalties include:

  • Misdemeanor probation for between three to five years
  • A minimum of 96 hours to a maximum of one year in county jail
  • DUI school for 18 or 30 months
  • A fine between $390 and $1000
  • Suspension of your driver’s license for two years or IID installation for one year

Third DUI Offense

The third DUI offense is still a misdemeanor in California. Some of the penalties include:

  • Three to five years on informal probation
  • DUI school for 30 months
  • Fines of up to $1000
  • Suspension of your driver’s license for three years or an IID installation for two years
  • A minimum of 120 days to a maximum of one year in county jail (or a minimum of thirty days if the court grants probation)

Felony DUI Offense

In most cases, a DUI offense is a misdemeanor in California. However, certain aggravating factors can result in a DUI becoming a felony. Some of these factors include:

  • You have at least three prior convictions within ten years of your first offense,
  • You have a prior felony DUI
  • You cause death or injury while DUI

The penalties for felony DUI vary based on the facts, your BAC level, the number of prior convictions, and the time of those convictions. Some of the penalties include:

  • A prison sentence of sixteen months, two or four years
  • Fines between $390 and $1000
  • Habitual Traffic Offender status for three years
  • Revocation of your driver’s license for four years or installation of an IID for three years

The prosecution could charge you for vehicular manslaughter or murder if you killed another person while driving under the influence.

In addition to the criminal penalties for a DUI, you could face other consequences such as:

  • Higher insurance premiums
  • Delays in acquiring your license (for minors charged with violating California's Zero-tolerance laws
  • Costs of installing an IID
  • Difficulties securing a job (if you are a commercial driver, a second DUI while on a commercial vehicle automatically ends your career)

The common defenses for a California DUI include:

  • Violation of title 17 regulations
  • You were not impaired
  • Field sobriety tests are inherently flawed
  • Insufficient evidence
  • Rising alcohol levels
  • Mouth alcohol
  • Tainted breath sample

2. Hit and Run

Hit and run charges arise when motorists involved in an accident fail to stop and perform their obligations. You have the following responsibilities when you are involved in an accident regardless of fault:

  • You should stop at the scene or the nearest safe location,
  • You should locate the owner of that vehicle or property,
  • You are to present your driver’s license and registration upon request,
  • You should present your current residence,
  • You should leave a conspicuous note with your information if the other party is not present at the scene.

California has two separate statutes that cover hit and run offenses in California. Vehicle Code 20002 defines misdemeanor hit and run. This section makes it a crime to flee an accident scene when the accident caused some form of property damage. The elements of misdemeanor hit and run are:

  • You were driving
  • You were involved in a vehicle accident while driving
  • The accident damages another person’s property
  • You knew or should have reasonably known that the accident caused property damage,
  • You willfully failed to stop at the accident scene or provide your identifying information to other parties involved in the accident.

Misdemeanor hit and run is punishable by incarceration for up to six months in county jail and fines not exceeding $1000. The judge might sentence you to probation instead of jail.

The prosecution could charge you with felony hit and run under VC 20001, which makes it a felony to flee the scene of an accident when the accident injured or killed another person. The elements of felony hit and run

  • You were involved in an accident while driving,
  • The accident caused the death or injury of another person other than yourself,
  • You knew or should have reasonably known that the accident injured or killed another person,
  • You willfully failed to immediately stop at the accident scene, provide reasonable assistance to the injured person(s), or provide your identifying information.

You have the duty to stop, help the injured, and provide adequate identifying information regardless of fault. These obligations also apply to accidents that occur within private property.

Felony hit and run is a wobbler offense in California, meaning that you could face misdemeanor or felony charges depending on the case’s facts. If charged as a misdemeanor, you face up to one year in county jail and fines of up to $10,000. The penalties for felony hit and run include:

  • Felony probation
  • Up to three years in state prison
  • Up to $10,000 in fines

Some of the defenses you can apply to fight hit and run charges include:

  • You were not driving the vehicle at the time of the accident
  • You were the only person injured in the accident
  • Only your property was damaged in the accident
  • You were not aware that an accident occurred (especially for minor accidents)
  • It was unsafe to stop

3. Reckless Driving

Reckless driving under VC 23103 is the crime of operating a vehicle with wanton or willful disregard for the safety of other people or their property. The elements of reckless driving include:

  • You drove a vehicle on a highway of an off-street parking facility
  • You drove with wanton disregard for the safety of others or their property

A highway is any publicly maintained area open to the public for vehicular travel. An off-street parking facility is an open area (publicly or privately owned) and is open to the public to park vehicles.

You show a wanton disregard for safety if you are aware that your actions present a substantial and unjustified risk of harm, and you intentionally ignore the risk. The prosecution does not have to prove your intention to injure another person or damage property for you to be guilty of reckless driving.

Reckless driving under VC 23103 is a misdemeanor with penalties such as:

  • Incarceration for 5 to 90 days in county jail
  • A fine of up to $1000

The DMV also adds two points on your driver’s license (enough points on your driver’s licenses will result in the suspension of your driver’s license for being a negligent operator. Your car insurance premiums might increase as well.

Reckless driving is often used as a “dry reckless” plea bargain for some DUI offenses. The prosecution could agree to this plea bargain if they lack sufficient evidence that you were intoxicated at the time of driving. Some of the advantages of this plea bargain include:

  • The offense is not priorable
  • A shorter jail term or sentencing
  • You are not subject to court-ordered license suspension
  • Lowe fines

The court might impose stiffer penalties if the offense led to injuries. Reckless driving with minor injuries is a wobbler offense with a potential sentence of up to three years in state prison and $10,000 in fines for a felony conviction.

Vehicle code 23104 covers the crime of injuring another person while driving recklessly. This offense is a misdemeanor with penalties such as a maximum jail sentence of six months and a fine of up to $1000.

The prosecution could bring charges against you under VC 23105 for driving recklessly and causing certain serious injuries. Some of the injuries that would result in a conviction under this statute include:

  • Loss of consciousness
  • Concussions
  • Bone fractures
  • Impairment or loss of a function of a body part
  • Wounds that require extensive suturing

Violating VC 23103 is a wobbler offense. The penalties for a misdemeanor include up to six months in jail and $1000 in fines. A felony conviction results in up to three years in county jail and up to $10,000 in fines.

4. Vehicular Manslaughter

Penal Code 192 (c) defines vehicular manslaughter as the crime of killing another person by driving a vehicle negligently or unlawfully. The prosecution could charge you for vehicular manslaughter under different circumstances as follows:

Vehicular manslaughter with gross negligence PC 192 (c) (1), which includes elements such as:

  • While driving:
    • You committed a California infraction or misdemeanor, or
    • A lawful act in a way that could cause death
  • The act was dangerous to human life under the circumstances
  • You acted with gross negligence (gross negligence means you act in a manner that creates a high risk of death or bodily injury, and you intentionally ignore that risk)
  • The act led to the death of another person

This offense is a wobbler in California whose penalties vary depending on your criminal history and the case’s facts. The penalties for a misdemeanor charge include summary probation, up to one year in county jail, and up to $1000 in fines. Charges as a felony, vehicular manslaughter with gross negligence could result in up to six years in state prison, felony probation, or up to $10,000 in fines.

If you acted with ordinary negligence, the prosecution might charge you with misdemeanor vehicular manslaughter under PC (c) (2). The elements of this offense include:

  • You committed a California infraction or misdemeanor or a lawful act in a manner likely to kill someone.
  • The act posed a danger to human life under the circumstances
  • You acted with ordinary negligence
  • Causing someone's death

Misdemeanor vehicular manslaughter includes penalties such as summary probation or incarceration for up to a year in county jail and up to $1000 in fines.

The prosecution could also charge you with vehicular manslaughter for financial gain under PC 192 (c) (3) if:

  • You were driving a vehicle and willingly cause or participate in a collision,
  • You cause or participate in the collision to make a false insurance claim,
  • And to defraud the insurance company or another party,
  • Someone dies as a result of the collision

Violating PC 192 (c) (3) is always a felony in California punishable by a state prison sentence of between four and ten years and a fine of up to $10,000.

You also lose your driving privileges for at least three years for vehicular manslaughter with gross or ordinary negligence.

Felony DUI, where you are involved in an accident that kills another person could also result in serious charges or vehicular manslaughter while intoxicated with or without gross negligence.

Under PC 191.5 (b), vehicular manslaughter while intoxicated is a wobbler. You could serve up to one year in county jail for a misdemeanor or up to three years in state prison for a felony charge.

Gross vehicular manslaughter while intoxicated (PC 191.5 (a)), on the other hand, is a serious offense with a potential sentence of four, six, or ten years in state prison.

Certain DUI-related deaths could result in Watson murder charges (PC 187), if:

  • You are a repeat offender,
  • You were educated on the dangers of a DUI or received a Watson advisement for a prior DUI conviction.

Watson's murder charges could result in a life sentence when convicted.

Some of the common defenses for vehicular manslaughter include:

  • You were not negligent or grossly negligent
  • Your actions did not cause the victim’s death
  • You faced an emergency and acted reasonably given the circumstances

5. Evading a Police Officer

Willfully fleeing from a police officer who is pursuing you in a car is a crime under VC 2800.1. You are guilty of this offense if the prosecution can prove these elements:

  • A police officer pursued you in a vehicle
  • You willfully fled or attempted to flee from the officer while driving
  • The following were true:
    • The officer’s vehicle had at least one lighted red light at the front
    • You saw or should have reasonably seen the lamp
    • The police officer’s vehicle sounded a siren as was reasonably necessary
    • The officer was in a distinctly marked vehicle
    • The officer was in a distinctive police uniform

Evading an officer under VC 2800.1 is a misdemeanor punishable by a maximum county jail sentence of one year and a maximum fine of $1000.

The prosecution could bring charges of evading an officer against you under two other statutes:

  • VC 2800.2
  • VC 2800.3

VC 2800.2 makes a felony to willfully evade a police officer while driving and showing a wanton disregard for people’s safety. The elements of felony evading (or reckless evading) include:

  • You evaded an officer in a vehicle, and
  • You showed a wanton or willful disregard for the safety of others or their property

Violating VC 2800.2 is a wobbler in California. When convicted for the misdemeanor charge, you face penalties such as:

  • Summary probation
  • Between 6 and 12 months county jail sentence
  • Up to $1000 in fines

The penalties for a felony conviction include:

  • Formal probation
  • 16 months, two or three years sentence in state prison
  • Up to $10,000 in fines

Reckless evading also includes additional offenses such as:

  • Impounding of the vehicle you used to flee for up to 30 days
  • Suspension of your driver’s license for the same length of your probation sentence
  • If you have a commercial driver's license and commit the crime in a commercial vehicle, the court will suspend your right to operate a commercial vehicle for one year or life if you are convicted for more than one count of evading an officer in a commercial vehicle.

Some of the defenses for felony evading include:

  • Lack of specific intent
  • Insufficient evidence that you drove recklessly
  • Illegal stop
  • Voluntary intoxication

If you cause injury or death while evading a peace officer, the prosecution might charge you under VC 2800.3. The elements of this offense include:

  • You evade a police officer while driving.
  • And caused someone serious bodily injury or death

You are guilty of causing injury or death if these two factors are true:

  • The death or injury was the direct, probable, or natural consequence of your behavior
  • The person would not have been injured or killed if you had not evaded the officer

You could also face these charges if your fleeing an officer was a substantial factor in the victim's injury or death.

Some examples of serious injuries include:

  • Loss of consciousness
  • Fractures
  • Wounds that need extensive suturing
  • Serious disfigurement
  • Loss or impairment of a body part or function
  • Concussions

Causing injury while evading a police officer is a wobbler depending on the circumstances and your criminal history. The penalties for a misdemeanor conviction include:

  • Summary probation
  • Up to a year in county jail
  • Between $2000 and $10,000 in fines

The penalties for a felony include:

  • Formal probation
  • Three, five, or seven years in California state prison

Causing death while evading an officer is always a felony with a state prison sentence of between four to ten years. You will also lose your rights to own a firearm.

Other penalties include impounding the vehicle you used to flee and driver's license suspension for the same period as your probationary sentence.

Some of the defenses you can use in this case include:

  • You did not intend to evade the officer insufficient evidence that you were evading an officer
  • Your actions were not the proximate cause of the victim’s injury or death
  • The victim did not sustain serious injuries

Although causing someone’s death while evading an officer is not likely to result in murder charges, the prosecution could charge you with second-degree murder if they can prove that your reckless driving constituted malice aforethought. This means you could face charges both for murder and evading an officer.

Find a Driving Crimes Defense Attorney Near Me

The consequences of driving crimes in California can vary widely depending on the specific offense the prosecution charges you with. You could potentially minimize or avoid these consequences by working with an experienced criminal defense attorney. Michele Ferroni Pasadena Criminal Attorney Law Firm has proven expertise and results in handling driving crimes in California. You can book your free consultation at 626-628-0564 for a chance to discuss your case, expectations, and potential outcomes.