California Vehicle Code § 23105 VC – Reckless Driving Causing Serious Injury
California Vehicle Code § 23105 VC makes it a serious criminal offense to drive a vehicle with a willful or wanton disregard for the safety of persons or property and, in doing so, cause a specific severe injury to another person.
Unlike standard traffic infractions, VC 23105 is a criminal charge carrying significant fines, potential state prison time, mandatory driver's license suspension, and 2 DMV points on your driving record.
Legal Definition Language
Under California Vehicle Code Section 23105(a) VC:
"A person convicted of reckless driving in violation of Section 23103 that proximately causes one or more of the injuries specified in subdivision (b) to a person other than the driver, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in a county jail for not less than 30 days nor more than six months, or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment."
Subdivision (b) defines specified qualifying serious injuries as: loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of a bodily member or organ, wound requiring extensive suturing, serious disfigurement, Brain injury, paralysis.
Penalties Section
Vehicle Code § 23105 VC is classified as a "wobbler" under California law. This means prosecutors have the discretion to charge the offense as either a misdemeanor or a felony, depending on the circumstances of the incident, the severity of the victim's injuries, and the defendant's prior criminal record.
Misdemeanor Penalties
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County Jail: Minimum of 30 days up to a maximum of 6 months.
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Fines: Minimum of $220 up to $1,000 (plus substantial state-mandated court assessments and fees).
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Summary Probation: Usually 1 to 3 years.
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License Consequences: 2 DMV points added to the driver's record and possible driver's license suspension by the California DMV.
Felony Penalties
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State Prison / County Jail: 16 months, 2 years, or 3 years pursuant to PC § 1170(h).
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Fines: Up to $10,000 plus penalty assessments.
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Formal Probation: Mandatory supervision with regular check-ins.
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Restitution: Compensation to the victim for medical bills and property damage.
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License Consequences: Automatic driver's license suspension by the DMV and status as a convicted felon.
Penalties Summary Chart
|
Charge Level |
Incarceration Time |
Maximum Base Fine |
DMV Points |
probation Type |
| Misdemeanor VC 23105 | 30 Days to 6 Months (County Jail) | $220 – $1,000 (plus court fees) | 2 Points | Summary (Informal) |
| Felony VC 23105 | 16 Months, 2, or 3 Years (State Prison / Jail) | Up to $10,000 | 2 Points | Formal |
Hypothetical Examples
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Example 1: A driver weaves aggressively through heavy freeway traffic at 95 mph while texting, rear-ends a sedan, and causes the other driver to sustain a broken collarbone (qualifying bone fracture).
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Example 2: An individual performs dangerous "doughnuts" in an occupied shopping center parking lot, loses control, and strikes a pedestrian, causing a severe concussion and loss of consciousness.
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Example 3: A motorist intentionally runs through multiple stop signs at high speeds to avoid missing an exit, forcing another car off the road and leaving a passenger with deep facial lacerations requiring extensive suturing.
Related California Laws
Understanding related charges is critical in California criminal defense because prosecutors frequently file multiple overlapping offenses or use alternative charges during plea negotiations.
If a defense attorney can demonstrate that the evidence fails to meet the specific "serious injury" threshold required for Vehicle Code § 23105 VC, they can often successfully negotiate to reduce the charge to standard reckless driving (VC 23103) or simple reckless driving causing minor injury (VC 23104), significantly lowering the potential jail time, fines, and long-term consequences for the driver.
The related laws include:
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California Vehicle Code § 23103 VC – Standard Reckless Driving: Makes it illegal to drive with a willful or wanton disregard for the safety of persons or property, regardless of whether anyone is injured.
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California Vehicle Code § 23104 VC – Reckless Driving Causing Injury: Applies when reckless driving results in minor or general bodily injuries that do not meet the severe statutory thresholds outlined in VC 23105.
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California Vehicle Code § 23109 VC – Speed Contests: Prohibits engaging in illegal street racing, drag racing, or performing exhibitions of speed on public roads and highways.
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California Vehicle Code § 23153 VC – DUI Causing Injury: Covers operating a motor vehicle while under the influence of alcohol or drugs and causing physical harm to another person.
Frequently Asked Questions (FAQs)
What does "willful or wanton disregard" mean under California law?
Willful or wanton disregard means driving intentionally with an awareness that the actions present a substantial and unjustifiable risk of harm to others, and consciously choosing to ignore that risk. It requires more than mere negligence or a momentary lapse in judgment.
How does VC 23105 differ from standard reckless driving under VC 23103?
Standard reckless driving under VC 23103 covers the dangerous act itself regardless of whether anyone gets hurt. Vehicle Code 23105 specifically requires that the reckless driving directly caused one of eight severe injuries listed in the statute to another person.
Is a broken bone considered a serious injury under VC 23105?
Yes. Subdivision (b) of Vehicle Code § 23105 specifically classifies bone fractures as qualifying serious injuries, alongside concussions, paralysis, and wounds requiring extensive suturing.
Can a driver be charged under VC 23105 if the injured person was a passenger in their own car?
Yes. The law applies to injuries caused to "a person other than the driver," which encompasses pedestrians, drivers/passengers in other vehicles, and passengers inside the driver's own vehicle.
What are the primary legal defenses to a VC 23105 charge?
Common legal defenses include proving that your driving did not rise to the level of "willful or wanton disregard," showing that the victim's injury does not meet the statutory definition of a "serious injury," or establishing a defense of necessity (such as driving recklessly due to a sudden emergency).
Does a VC 23105 conviction result in license suspension?
Yes. A conviction adds 2 points to your California driving record, which can trigger a negligent operator suspension, and the judge or DMV may order an independent driver's license suspension.
Is VC 23105 considered a strike under California's Three Strikes Law?
A misdemeanor VC 23105 is not a strike. A felony conviction is generally not considered a violent or serious felony strike on its own unless the prosecutor alleges and proves that the defendant personally inflicted great bodily injury (GBI) under Penal Code § 12022.7.
Can a conviction for Vehicle Code 23105 VC be expunged?
Yes. A conviction under VC 23105 can typically be expunged under California Penal Code § 1203.4 once probation is successfully completed, provided the defendant is not currently facing criminal charges or serving a sentence for another offense.
Your best hope for a favorable outcome is with an experienced California criminal defense attorney at Cron, Israels & Stark. To schedule a consultation, call (424) 372-3112 or use the contact form here.