California Vehicle Code 23104 makes it a crime to drive recklessly in a way that causes bodily injury to someone other than yourself. A first offense is a misdemeanor punishable by 30 days to six months in county jail, a base fine of $220 to $1,000, or both. If the crash caused great bodily injury and you have a qualifying prior conviction, the case becomes a wobbler the prosecutor can file as a felony carrying up to three years in county jail. The sentence is only part of what you face: restitution to the victim, DMV points, higher insurance costs, and a civil lawsuit all typically follow.
What the Prosecutor Has to Prove
Two elements have to be proven beyond a reasonable doubt. The first is reckless driving as defined by Vehicle Code 23103, which means driving on a highway or in an off-street parking facility with willful or wanton disregard for the safety of people or property.1California Legislative Information. California Vehicle Code 23103 That is a higher standard than ordinary negligence. The driver has to have known the conduct created a real risk and driven that way anyway.
The second is causation. The reckless driving must have directly caused a bodily injury to someone other than the driver.2California Legislative Information. California Vehicle Code 23104 You do not need to have intended the injury, only the reckless conduct. If the prosecution cannot connect the dangerous driving to the specific harm, the charge can be reduced to plain reckless driving under 23103, which carries lighter penalties. Scene evidence, witness statements, and accident reconstruction usually decide the causation question.
What Counts as Bodily Injury
Section 23104 does not give “bodily injury” a narrow definition, and California courts have read it broadly. Any physical harm counts, even if temporary or minor. Bruises, cuts, whiplash, and significant pain from the collision all qualify. The prosecution just needs to show the victim suffered real physical impairment traceable to the crash.
That is a different standard from the one in Vehicle Code 23105, which covers reckless driving that causes specifically listed serious injuries: loss of consciousness, concussion, bone fracture, paralysis, brain injury, serious disfigurement, wounds requiring extensive stitching, or prolonged impairment of a body part or organ.3California Legislative Information. California Code VEH 23105 Section 23105 is a wobbler on its own, even with no prior convictions. If the injuries in your case fit one of those categories, the prosecutor may charge under 23105 rather than 23104.
Penalties for a First Offense
With no qualifying priors, a 23104(a) violation is a misdemeanor. The statutory penalties are:
- 30 days to six months in county jail
- A base fine of $220 to $1,000
- Or both jail time and a fine
The base fine understates what you actually pay. California stacks penalty assessments, surcharges, and court fees on top of every criminal fine. The 2026 Uniform Bail and Penalty Schedules add $22 to $29 for every $10 of base fine, covering a state penalty assessment, court construction penalty, DNA fund penalty, county penalty, and a 20% state surcharge, among others.4California Courts. 2026 Uniform Bail and Penalty Schedules Every misdemeanor conviction also triggers a mandatory restitution fine of at least $150.5California Legislative Information. California Penal Code 1202.4 A $1,000 base fine can land around $4,000 by the time the add-ons are tallied.
Most misdemeanor sentences also include informal (summary) probation, usually one to two years. Probation conditions commonly include paying fines and restitution, completing community service, and staying out of further traffic trouble. If you violate probation, the judge can impose the full original jail term.
When 23104 Becomes a Felony
Subdivision (b) of the statute is where the stakes change. It applies only when two things are true at once: the reckless driving caused “great bodily injury,” and the driver has a qualifying prior conviction.2California Legislative Information. California Vehicle Code 23104
Great bodily injury, defined by Penal Code 12022.7, means a significant or substantial physical injury, which is a higher bar than the ordinary bodily injury 23104(a) uses.6California Legislative Information. California Penal Code 12022.7 Broken bones, injuries that require surgery, or lasting impairment fit; minor cuts and bruises do not. The qualifying priors are reckless driving under 23103, reckless driving causing injury under 23104, reckless driving causing serious injury under 23105, speed contests or exhibitions of speed under 23109 or 23109.1, and DUI under 23152 or 23153.
When both conditions are present, the offense is a wobbler. Charged as a misdemeanor, the penalties mirror subdivision (a): 30 days to six months and $220 to $1,000. Charged as a felony, the sentence is governed by Penal Code 1170(h), which calls for 16 months, two years, or three years in county jail.7California Legislative Information. California Penal Code 1170(h) How the prosecutor files the case usually depends on how severe the injuries were and how recent and serious the prior looks.
Restitution to the Victim
Separate from any fine paid to the court, the judge is required to order you to pay the victim’s full economic losses. Penal Code 1202.4 covers medical bills, mental health counseling, lost wages including commissions, and the cost of damaged property.5California Legislative Information. California Penal Code 1202.4 If the full losses are not known at sentencing, the court leaves the restitution order open and sets the number later.
A restitution order is enforceable as a civil judgment, so the victim can use normal collection tools if you do not pay. Restitution is also typically a probation condition, which means missed payments can trigger a probation violation. For crashes involving hospitalization or long-term treatment, the restitution figure can be far larger than the criminal fine.
DMV Points, License, and Insurance
A conviction puts two points on your California driving record.8California Legislative Information. California Vehicle Code 12810 Two points from a single conviction matters because the negligent operator thresholds are close by: the DMV presumes you are a negligent operator at four points in 12 months, six in 24 months, or eight in 36 months, and reaching any of those triggers a one-year probation that includes a six-month license suspension.9California DMV. Negligent Operator Actions
The DMV can also take action against your license independently of the court. Reinstatement requires a formal application and administrative fees. Insurance carriers will see the conviction at renewal and typically raise rates substantially for three to five years.
Defenses to a 23104 Charge
The most useful line of attack is usually the “willful or wanton disregard” element. Driving that was careless but not consciously indifferent to a known risk is negligence, not recklessness. A momentary lapse in attention can support a civil negligence claim without meeting the criminal standard. That line between negligence and recklessness is where most contested cases are decided.
Causation is the other main battleground. Even if the driving was reckless, the prosecution has to tie that specific conduct to the victim’s injury. If the injuries came from a separate event, a pre-existing condition, or another driver’s conduct, the chain breaks. Emergency circumstances can also matter: a driver who swerves hard to avoid a sudden hazard may argue the maneuver was a reasonable response to an immediate threat rather than willful disregard. In cases where the vehicle was identified but the driver was not, misidentification is a straightforward defense.
Clearing the Conviction Later
Penal Code 1203.4 lets people convicted of most misdemeanors petition to have the conviction dismissed after probation. Reckless driving convictions fall under Vehicle Code 12810(a) through (e), so dismissal is not automatic. The court has discretion to grant relief if doing so serves the interest of justice.10California Legislative Information. California Penal Code 1203.4
If the petition is granted, the guilty verdict is set aside and the case dismissed. On most private employer applications you can then answer that you have not been convicted. The conviction can still be used against you in later criminal cases, and you still have to disclose it when applying for public office or a state professional license. Finishing all probation conditions and fines on time, and filing while you have no pending charges, improves your chances.
Civil Lawsuit After the Criminal Case
A criminal conviction under 23104 does not end your exposure. The injured person can sue you separately, and the conviction makes their case much easier to win. Under California’s negligence per se doctrine, violating a safety statute meant to protect the public creates a presumption of negligence. Because reckless driving laws exist to prevent exactly this kind of harm, the plaintiff generally does not have to independently prove unreasonable conduct; they only need to show the violation and that it caused the injuries.
Civil damages can include medical expenses, lost income, pain and suffering, and property damage. A civil jury can also award non-economic damages for ongoing pain, emotional distress, and reduced quality of life, which criminal restitution does not cover. With a 23104 conviction on record, arguing at trial that you were driving carefully is very hard, and many of these cases settle before trial on terms that reflect that.