Our streets and highways witness millions of vehicles in motion every day, but they also bear witness to a significant number of driving crimes. These crimes, ranging from the commonly known DUIs (driving under the influence) to lesser-known offenses like reckless driving, hit and runs, and beyond, can have far-reaching consequences on individuals' lives.

If you have found yourself charged with a driving crime, it is crucial to seek expert legal representation. We at Monterey Criminal Attorney can help you build a solid defense strategy. Our team of criminal defense lawyers in Monterey has extensive experience defending individuals charged with driving crimes.

Driving Under the Influence (DUI)

Under California law, driving under the influence is defined in California Vehicle Code Section 23152. It involves operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both, to the extent that it impairs one's ability to operate the car safely. The legal blood alcohol concentration (BAC) limit is 0.08% for individuals 21 and over, 0.04% for commercial drivers, and 0.01% for those under 21.

To secure a DUI conviction in California, the prosecutor must typically prove the following elements beyond a reasonable doubt:

  • The defendant was driving or operating a motor vehicle.
  • The defendant was under the influence of alcohol, drugs, or a combination of both to the degree that they could not operate the vehicle safely.
  • The defendant's BAC was at or above the legal limit while driving.

Prosecutors often rely on evidence such as field sobriety tests, chemical tests (like breath, blood, or urine tests), and the observations of law enforcement officers to establish these elements. The penalties for a DUI conviction in California can vary depending on factors such as prior DUI convictions and the case's specific circumstances.

Generally, the penalty for a first-time DUI offense is a fine ranging from $390 - $1,000 and a county jail term of up to six months. A second-time DUI offense attracts a longer jail term, which may be for up to one year. Subsequent DUI convictions attract more severe penalties, including an imprisonment term of up to 16 years.

Additionally, a DUI conviction can lead to increased insurance premiums, mandatory orders to attend DUI schools, a license suspension period, a criminal record, and difficulty obtaining employment or professional licenses. The penalties can be more severe for cases involving aggravated circumstances, such as accidents causing injury or death or driving with a very high BAC.

Reckless Driving

Reckless driving in California is defined under California Vehicle Code Section 23103. It involves operating a motor vehicle on a highway with a willful or wanton disregard for the safety of persons or property.

This offense is not limited to speeding but encompasses a broad range of dangerous behaviors, such as aggressive driving, weaving in and out of traffic, and other actions that disregard public safety. To secure a reckless driving conviction in California, the prosecutor must generally prove the following elements beyond a reasonable doubt:

  • The defendant was driving a motor vehicle on a public highway.
  • The defendant drove the car with willful or wanton disregard for the safety of persons or property.

Prosecutors may rely on various types of evidence, including eyewitness testimonies, police reports, dashcam footage, and the defendant's behavior behind the wheel to establish these elements. Note that reckless driving does not require proof of a specific speed limit violation but instead focuses on how the vehicle was operated.

Reckless driving is categorized as a misdemeanor. Its penalty is a jail term of up to 90 days and a fine of up to $1,000. Additionally, you will receive two points on your driver’s license.

Hit and Run

Hit and run, also known as a "failure to stop and give information," is a criminal offense in California governed by California Vehicle Code Section 20002. It involves being involved in a vehicle accident (whether with another vehicle, a person, or property) and failing to stop at the accident scene and provide certain information as required by law.

The law mandates that involved parties must exchange information such as driver's license and insurance details. To secure a hit-and-run conviction in California, the prosecutor typically must establish the following elements:

  • The defendant was involved in a motor vehicle accident.
  • The accident resulted in damage to property or injury to another person.
  • The defendant willfully failed to stop at the accident scene.

Prosecutors rely on evidence such as witness statements, physical evidence from the accident scene, and sometimes surveillance footage or vehicle damage to establish these elements. Note that "willful" failure to stop is a crucial component, meaning the driver intentionally did not stop, not simply an accidental oversight.

The criminal offense of hit and run is categorized as a wobbler. As a misdemeanor, it attracts a jail sentence of up to six months and a fine of up to $1,000.

You will most likely be charged with hit and run as a felony if the accident resulted in an injury or death to another person. Felony hit and run attracts a state prison sentence of up to four years or a fine of up to $10,000 upon conviction.

Vehicular Manslaughter

Vehicular manslaughter is a serious criminal offense in California. It is typically charged in situations where a person's negligent or reckless driving leads to the death of another person.

This offense can be categorized into two types: vehicular manslaughter with ordinary negligence (Penal Code Section 192(c)(2)) and vehicular manslaughter with gross negligence (Penal Code Section 192(c)(1)). The former involves ordinary negligence, while the latter requires much more negligence or recklessness.

To secure a conviction for vehicular manslaughter, the prosecutor typically must prove the following elements:

  • The defendant committed an unlawful or lawful act in a negligent manner.
  • The defendant's negligent act resulted in the death of another person.
  • The defendant's negligence was a substantial factor in causing the death.

The penalties for vehicular manslaughter in California can be severe, and they depend on several factors, including whether it is charged as ordinary or gross negligence manslaughter and the specific circumstances of the case. Generally, vehicular manslaughter is categorized as a misdemeanor. Upon conviction, you may face a county jail sentence of up to one year or a fine of up to $1,000. A felony conviction of vehicular manslaughter can result in a state prison sentence of up to six years or a fine of up to $10,000.

Evading a Police Officer

Evading a police officer is a criminal offense in California governed by California Vehicle Code Section 2800.1. It involves intentionally fleeing or attempting to evade a pursuing law enforcement officer who is driving a marked police vehicle and is displaying at least one red light and a siren. The offense encompasses both vehicle pursuits and fleeing on foot.

To secure a conviction for evading a police officer in California, the prosecutor typically must prove the following elements beyond a reasonable doubt:

  • The defendant willfully fled or attempted to evade a pursuing police officer.
  • The police officer's vehicle was marked and displayed at least one red light and a siren.
  • The defendant fled with the intent to evade the officer.

The critical element is the willful attempt to evade the police officer, demonstrating that the defendant knowingly and intentionally fled from law enforcement. This criminal offense is categorized as a misdemeanor. It attracts a jail sentence of up to one year or a fine of up to $1,000 upon conviction.

Driving Without a Valid License

Driving without a valid license in California is a criminal offense that involves operating a motor vehicle without a valid driver's license, as required by California Vehicle Code Section 12500. It applies to individuals who do not have a valid driver's license.

To secure a conviction for driving without a valid license, the prosecutor typically must establish the following elements:

  • The defendant was operating a motor vehicle on a public road.
  • The defendant did not possess a valid driver's license during the offense.
  • The defendant knew or reasonably should have known they did not possess a valid driver's license.

Note that the element of knowledge is significant, as the prosecution must demonstrate that the defendant was aware of their lack of a valid license or that they should have reasonably known they did not have one. This criminal offense can be charged as either a misdemeanor or an infraction.

As an infraction, it attracts a $250 fine. The penalty for misdemeanor driving without a valid sentence is a jail sentence of up to six months.

Driving on a Suspended or Revoked License

Driving on a suspended or revoked license in California is a criminal offense defined under California Vehicle Code Section 14601. It involves operating a motor vehicle on a public road when the California Department of Motor Vehicles (DMV) or a court order has suspended or revoked your driver's license.

This offense applies to individuals who continue to drive despite losing their driving privileges. To secure a conviction for driving on a suspended or revoked license, the prosecutor typically must establish the following elements:

  • The defendant was operating a motor vehicle on a public road.
  • The defendant’s driver’s license was suspended or revoked at the time of the offense.
  • The defendant knew or reasonably should have known that their license was suspended or revoked.

The element of knowledge is critical, as the prosecution must demonstrate that the defendant was aware of the suspension or revocation or should have reasonably known about it. This offense is categorized as a misdemeanor. It attracts a jail sentence of up to six months or a fine of up to $1,000 upon conviction.

Speeding

Speeding is a common traffic violation that occurs when a driver operates a motor vehicle at a speed that exceeds the maximum speed limit set for a specific road, highway, or area. Speed limits are established to ensure road safety, and drivers must obey these limits as defined in the California Vehicle Code.

Speeding violations are generally handled as traffic infractions. To impose a penalty for speeding, authorities often use law enforcement officers' observations or devices like radar guns.

What needs to be proven in a speeding case is relatively straightforward:

  • The defendant was operating a motor vehicle.
  • The defendant drove exceeding the maximum speed limit established for that particular roadway or area.

Speeding cases are usually resolved through the issuance of citations, and the burden of proof often falls on the defendant to challenge the ticket. Speeding penalties in California can vary depending on how much a driver exceeded the speed limit and the specific circumstances of the violation.

Common penalties include the following:

  • Fines — Fines for speeding violations can range from $350 for minor infractions to 5500 for more significant violations.
  • Traffic school — In some cases, drivers may have the option to attend traffic school for up to 18 months to avoid accumulating points on their driving record.
  • Points on driving record — Speeding convictions typically add one point to a driver's record. Accumulating too many points can lead to license suspension.
  • Increased insurance premiums — Speeding convictions can result in increased auto insurance premiums.

Excessive speeding, especially at speeds significantly above the posted limit, can be considered a more severe offense and may lead to more significant penalties. Drivers should be aware that while most speeding violations are handled as traffic infractions, egregious violations or repeated offenses may result in more severe consequences. Legal representation can be sought if there are concerns about the penalty or if the driver believes the ticket was issued unfairly.

Street Racing

Street racing is a criminal offense in California that typically involves engaging in a speed contest or racing on public roads, including streets and highways. Street racing is considered a dangerous and illegal activity that poses significant risks to public safety.

This offense falls under California Vehicle Code Section 23109. To secure a conviction for street racing, the prosecutor typically must establish the following elements:

  • The defendant engaged in a speed contest, race, or speed exhibition on a public highway.
  • The defendant willfully engaged in the prohibited activity.
  • The prohibited activity occurred on a public road.

The key element here is the willful intent of the defendant to participate in street racing or a speed contest on a public road. The penalties for street racing in California can be significant and are designed to deter this dangerous activity.

Street racing is a wobbler and can be charged as a felony or a misdemeanor. The maximum penalty this offense can attract is a state prison sentence of three years or a fine of $10,000.

Running a Red Light or Stop Sign

Running a red light or stop sign is a common traffic violation that occurs when a driver fails to come to a complete stop at a stop sign or proceeds through an intersection when a traffic signal displays a red light. This criminal offense is typically handled as an infraction.

The elements that need to be established for a conviction are straightforward, and they include the following:

  • The defendant was operating a motor vehicle.
  • The defendant failed to come to a complete stop at a stop sign or proceeded through an intersection when the traffic signal displayed a red light.

In traffic infractions like running a red light or a stop sign, the burden of proof often falls on the defendant to challenge the citation rather than the prosecutor proving the case. The penalties for this infraction include a fine of approximately $238 and one point on your license. Additionally, you may pay more on your insurance premiums.

Driving Without Insurance

Driving without insurance in California is a criminal offense involving operating a motor vehicle on public roads without the required liability insurance coverage. California law mandates that all drivers carry a minimum amount of liability insurance to cover potential damages in case of an accident.

To secure a conviction for driving without insurance, the prosecutor typically needs to establish the following elements:

  • The defendant was operating a motor vehicle on a public road.
  • The defendant did not have legally mandated liability insurance coverage at the time of the offense.

In many cases, law enforcement and the legal system rely on verifiable evidence, such as proof of insurance coverage provided by the driver during a traffic stop or accident investigation. Driving without insurance may result in civil penalties, such as a fine. The DMV may also suspend your driver’s license or impound your vehicle.

Child Endangerment Caused by Driving Crimes

Child endangerment is a criminal offense in California related to mistreatment, endangerment, or neglect of a child's well-being or safety. This offense is governed by California Penal Code Section 273a and encompasses a broad range of actions or omissions that place a child at risk of physical or emotional harm.

To secure a conviction for child endangerment, the prosecutor must generally establish the following elements:

  • The defendant willfully caused or permitted a child to be placed in a situation where the child's health or safety was endangered.
  • The defendant acted with criminal negligence or recklessness, resulting in the endangerment of the child.

This offense does not require the child to suffer harm; it focuses on the defendant's actions and their impact on the child's well-being. The level of recklessness or negligence on the defendant's part is crucial in proving this offense.

You will most likely be charged with child endangerment alongside other driving crimes if you put the safety and well-being of a child under 14 at risk due to your actions or omissions while driving. For instance, you may be charged with child endangerment under the following circumstances:

  • Driving under the influence (DUI) — If a driver is arrested for DUI while a child is in the vehicle, they can face not only DUI charges but also child endangerment charges. Driving under the influence poses a significant risk to the child's safety, and prosecutors may argue that it constitutes criminal negligence.
  • Reckless driving — Engaging in reckless driving behavior, such as excessive speeding, weaving in and out of traffic, or participating in street racing with a child in the car, can result in child endangerment charges. The recklessness of the driver puts the child at risk of harm.
  • Leaving a child unattended in a vehicle — Leaving a child unattended in a parked vehicle, especially in extreme weather conditions, can lead to child endangerment charges. The child's safety is compromised as they are exposed to potential dangers like heatstroke or abduction.
  • Driving with an open container of alcohol — Having an open container of alcohol accessible in the vehicle's passenger area while a child is present can result in child endangerment charges. This demonstrates a disregard for the child's safety in a potentially impaired environment.

In these scenarios, the prosecution must prove that the defendant willfully caused or permitted a child to be placed in a situation where their health or safety was endangered and that the defendant acted with criminal negligence or recklessness. Child endangerment is a wobbler.

You will most likely be charged with misdemeanor child endangerment if there is no risk of death or injury to the child. The penalty for misdemeanor child endangerment is a county jail sentence of up to one year or a fine of up to $1,000.

On the other hand, you may be charged with child endangerment as a felony if there is a risk of death or injury to the child. The punishment for felony child endangerment is a state prison sentence of up to six years or a fine of up to $10,000.

Find a Monterey Criminal Defense Lawyer Near Me

Navigating the complexities of driving crimes can be a challenging journey. From DUIs to reckless driving, hit and runs, and more, the consequences of these offenses can be severe, affecting your freedom, finances, and future opportunities.

But remember, you are not alone in this journey. Choosing the right criminal defense attorney can make all the difference. At Monterey Criminal Attorney, we understand the gravity of these charges and are here to help you every step of the way. Call us at 831-574-1791 for a free consultation.