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Call for a FREE Adult DUI Offense Consultation
in Orange County
Daniel C. Grupenhagen Attorney at Law
2082 S.E. Bristol Street Suite 217
Newport Beach, CA 92660
949-252-9006
949-252-9008 fax |
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we Serve the following cities in Orange County,
California
Anaheim, Aliso Viejo, Balboa, Brea, Buena Park, Corona Del Mar,
Costa Mesa, Coto De Caza, Cypress, Cerritos, Dana Point, Foothill,
Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine,
La Habra, La Palma, Los Alamitos, Laguna Beach, Laguna Hills, Laguna
Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo,
Midway City, Newport Beach, Orange, Placentia, Rancho Santa Margarita,
San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton,
Sunset Beach, Tustin, Trabuco Canyon, Villa Park, Westminster,
Yorba Linda |
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Dry Reckless (Non-priorable as a California DUI)
California Vehicle Code§ 23103
a. Any person who drives any vehicle upon a highway in willful or wanton disregard
for the safety of persons or property is guilty of reckless driving.
b. Any person who drives any vehicle in any offstreet parking facility, as
defined in subdivision (c) of Section 12500, in willful or wanton disregard
for the safety of persons or property is guilty of reckless driving.
c. Persons convicted of the offense of reckless driving shall be punished by
imprisonment in a county jail for not less than five days nor more than 90
days or by a fine of not less than one hundred forty-five dollars ($145) nor
more than one thousand dollars ($1,000), or by both that fine and imprisonment,
except as provided in Section 23104.
California Criminal Jury Instruction
In order to gain a conviction under this Dry Reckless statute, a prosecutor
must prove all elements of this crime. Those instruction and elements are
located in the California Jury Instruction for Criminal cases (CALJIC) section
16.840 and are as follows:
Every person who drives a vehicle upon a street or highway in
willful or wanton disregard for the safety of persons or property
is guilty of a violation of California Vehicle Code §23103
(a), a misdemeanor. Willful or wanton disregard means an intentional
or conscious disregard for the safety of persons or property.
In order to prove this crime, each of the following elements
must be proved:
1. A person drove a vehicle upon a street or highway
2. At the time, the driver did so with an intentional or conscious disregard
for the safety of persons or property.
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