When it comes to driving offenses in California, two terms often cause confusion: reckless driving and negligent driving. While both involve unsafe behavior behind the wheel, the legal definitions, consequences, and implications for your driving record can vary significantly.
This guide breaks down everything you need to know about reckless driving versus negligent driving in California, including definitions, examples, penalties, legal defenses, and how these offenses impact insurance and criminal records.
What Is Reckless Driving in California?
Reckless driving is defined as operating a vehicle “in willful or wanton disregard for the safety of persons or property.” This means the driver knew their behavior was dangerous but chose to proceed anyway.
Reckless driving is considered a misdemeanor in California, which is more serious than a simple traffic violation. You don’t need to cause an accident to be charged with reckless driving—dangerous behavior alone is enough.
Common examples of reckless driving include speeding excessively and weaving through traffic, street racing, or running multiple red lights without regard for safety.
What Is Negligent Driving in California?
Negligent driving is not a specific legal term in California like reckless driving, but it generally refers to careless or inattentive driving that does not rise to the level of recklessness. Negligence means failing to exercise reasonable care on the road.
There are two forms of negligence:
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Ordinary negligence: Minor distractions or lapses in attention, such as texting while driving or failing to signal.
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Gross negligence: A more serious lack of care that significantly increases risk.
In many cases, negligent driving results in traffic infractions such as speeding or failure to yield. In more severe cases, if someone is injured or killed because of gross negligence, the driver may face criminal charges like vehicular manslaughter.
Differences Between Reckless and Negligent Driving
Reckless driving is a criminal misdemeanor involving intentional or willful disregard for safety. It carries harsher penalties, including possible jail time, fines, and points on your driving record.
Negligent driving is typically a traffic infraction or civil matter caused by carelessness or inattention without intent to cause harm. Penalties are usually fines, points, and sometimes mandatory traffic school.
In terms of severity, reckless driving is considered more serious because it involves knowingly risky behavior, while negligent driving involves failure to meet reasonable care standards.
Common Examples of Each Offense
Examples of reckless driving include driving at extremely high speeds, performing stunts on public roads, or fleeing from law enforcement.
Examples of negligent driving include texting or using a phone while driving, failing to yield the right of way, or rolling through a stop sign.
Legal Penalties and Consequences
Reckless driving can lead to up to 90 days in jail, fines up to $1,000, two points on your driving record, and possible license suspension. Insurance companies may also significantly raise your premiums.
Negligent driving usually results in fines between $150 and $500, one point on your DMV record, and possibly traffic school. If negligent driving causes injury or death, penalties increase dramatically and can include felony charges.
How These Charges Affect Your Record
A reckless driving conviction adds two points to your California driving record and stays there for up to ten years. It is also a criminal misdemeanor, which means it will appear on your criminal record.
Negligent driving infractions typically add one point to your record and remain for about three years. These infractions generally do not create a criminal record unless they involve serious injury or death.
Legal Defenses and Options
Defenses against reckless driving charges may include proving that you were driving safely given the circumstances, lack of intent or willful disregard, or insufficient evidence.
Defenses against negligent driving might involve showing your actions were reasonable, mistaken identity, or procedural errors in issuing the citation.
Often, an attorney can help reduce reckless driving charges to negligent or lesser infractions, helping protect your driving record and legal standing.
Reckless Driving and Insurance Rates
A reckless driving conviction can significantly increase your insurance premiums, sometimes by 50% or more, and could even result in your insurer dropping your coverage.
Negligent driving, depending on the severity and history, can also lead to increased rates but usually not as drastically as reckless driving.
When to Contact an Attorney
It’s advisable to consult a traffic or criminal defense attorney if you are charged with reckless driving, involved in an accident causing injury, facing license suspension, or dealing with potential civil lawsuits due to negligence. An attorney can help negotiate charges, represent you in court, and work to minimize penalties.
Final Thoughts
Knowing the difference between reckless and negligent driving in California can help you navigate legal challenges and protect your driving privileges. Reckless driving involves intentional dangerous behavior with criminal consequences, while negligent driving generally involves careless mistakes with lighter penalties.
If you face either charge, it’s crucial to have experienced legal support on your side. Southwest Legal specializes in California traffic and criminal defense cases, offering knowledgeable and dedicated attorneys ready to help you protect your rights, reduce penalties, and safeguard your future.
Don’t wait—contact us today for a free consultation and get the expert help you need to navigate your case with confidence. Your driving record and freedom may depend on it.
Frequently Asked Questions
Can you go to jail for negligent driving in California?
Usually no, unless the negligence results in serious injury or death.
Will a reckless driving charge appear on a background check?
Yes, it appears as a misdemeanor on your criminal record.
Can reckless driving convictions be expunged in California?
Often, yes, especially if probation is completed without incident.
