[3] 8 - Reckless Driving

Reference - Vehicle Code 23103

Driving any vehicle on a hard shoulder or breakdown lane of a highway except during an emergency.

Driving any vehicle in a bicycle lane.

Driving on an airfield, airstrip, runway, or marked helicopter landing area.

Driving any vehicle on a sidewalk or pedestrian path other than when passing through/over a driveway entrance/exit.

Driving an ATV/OTV vehicle off-road except on trails or paths wide enough to support the given ATV/OTV vehicle OR except on beaches where the vehicle is travelling to or from the coast to launch a sea-vessel or load/unload.

Driving any motor vehicle (non-ATV/OTV) on a non-roadway area such as a public park's grassy area or playground, or such as on a beach except where the vehicle is travelling to or from the coast to launch a sea-vessel or to and from a specific load/unload destination.

Exception: All vehicles engaged in the act of roadway, building, or utility construction are exempt from this code (only the portion above this line) during the performance of construction work.

Driving in a way that is careless, demonstrating a lack of proper regard or attention to safety.

Failing to yield, or follow other traffic code rules or laws, in such a way which results in being at fault for causing a traffic collision, is a violation of this code.

Lane splitting shall be legal (the act of a two wheeled vehicle driving on the lane marking to pass traffic). The lane splitter must only be pass on the left-hand side of the vehicle being passed. They are not to pass on the right of a vehicle. They may pass on the left of a vehicle on a two-lane (one in each direction) roadway only if there is no oncoming vehicle. On a highway, filtering lanes is permitted, going in between vehicles on any side of a vehicle that is not a shoulder of the highway. Lane splitters may not exceed the speed limit and must keep a safe distance between themselves and the vehicle they are passing.

Performing a U-Turn on any public roadway clearly marked with a double solid center line, at a junction controlled by traffic signals or any roadways clearly signposted with U-Turn prohibited.

Traffic Collisions:

  • At Fault in Traffic Collision: Failing to yield, or follow other traffic codes/rules/laws, in such a way which results in being at fault for causing a traffic collision.

  • At Fault in Traffic Collision with DUI/No Insurance/No License: When a driver is at fault in a traffic collision (as described above) and also is violating any of the following: no insurance, no license, or the DUI penal code, then they shall be charged with violating this reckless driving statute with an increased penalty.

  • Duty to Avoid Collision: Numerous factors affect a vehicle collision (weather, visibility, roadway quality, speed, etc.). Those factors which are within the purview of the driver to reasonably control (such as their attention and speed) are the driver's responsibility to reasonably control to avoid traffic collisions. Within reason, drivers must attempt to avoid traffic collisions, including those which would not be their fault (Explanation: A. A driver fails to yield to the victim, the victim must reasonably attempt to avoid the collision in some way by slowing or turning; conversely, if the victim speeds up or fails to react, they are guilty of this code. B. A driver does not reasonably react or attempt to avoid a collision when another driver is about to cause one.)

Infraction Sentence: None License Points: 2 Fine: $800

For Specifically At Fault in Traffic Collision with DUI/No Insurance/No License: Misdemeanor Sentence: None License Points: 3 Fine: $1500


1) Driving a car at high speeds through a school zone 2) Doing donuts 3) Street racing

If the actions of the driver "consist of acts that create a substantial risk of serious physical injury to another person" (e.g. Driving the wrong way on a divided highway) in a fashion that seems arrest worthy, then consider using Reckless Endangerment.

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