Reckless driving, exhibition of speed, and racing charges are some of the most misunderstood cases in Fresno. The citation an officer hands you looks almost exactly like a speeding ticket, so many people assume they can pay a fine and move on.
That is not how these cases work. These are misdemeanor criminal charges. They come with a court date, they can lead to a criminal record, and they often start with your car being towed and held for 30 days. Understanding what you are facing is the first step to protecting yourself.
Your Car Can Be Impounded for 30 Days
When an officer cites a driver for reckless driving, exhibition of speed, or racing, the officer can have the vehicle towed and held for up to 30 days. This happens at the time of the stop, before the case ever goes in front of a judge.
- The owner pays the costs. The registered owner is responsible for the tow and for every day the car stays in storage.
- The bill adds up quickly. Impound fees can be over $3,000 by the end of the 30 days.
- Borrowed cars may be released early. If the car belongs to someone else, such as a parent, and that person was not in the car or did not know how it was being driven, the car may be released before the 30 days are up.
Reckless Driving Is a Misdemeanor, Not a Traffic Ticket
A speeding ticket is an infraction. You pay a fine, and in many cases you can take traffic school. Reckless driving and exhibition of speed are different. They are misdemeanors, which means they are criminal offenses.
Here is why that difference matters:
- A court date is required. The citation is a promise to appear in the Fresno County Superior Court.
- A conviction creates a criminal record. Misdemeanor convictions show up on background checks for jobs and housing.
- Your driving record is affected. A conviction can add points to your DMV record and raise your insurance rates.
- There is no online payment or traffic school. These cases cannot be handled like a regular ticket.
- Missing court leads to a warrant. If you do not appear on your court date, the judge can issue a warrant for your arrest.
What Each Charge Means
- Reckless driving (VC 23103). Driving with a willful disregard for the safety of other people or property. In plain terms, the prosecutor must show the driver knew the driving was dangerous and did it anyway. Speeding by itself is not enough.
- Exhibition of speed (VC 23109). Accelerating or driving at an unsafe speed to show off or impress someone. Common examples include peeling out, burning rubber, or speeding up in front of people who are watching.
- Racing. Racing against another vehicle, or against a clock or timer.
- Aiding or encouraging. A person who helps or encourages a race or an exhibition of speed can be charged, even without being the driver.
You Do Not Have to Be Racing to Be Charged
These charges are not limited to organized street racing. Many are based on an officer's opinion of just a few seconds of driving. Charges can come from situations such as:
- Accelerating quickly from a stop light
- Tires squealing when pulling away
- A loud or modified exhaust drawing an officer's attention
- Driving at a high speed on an empty road
- Leaving a car meet or parking lot at the same time as other vehicles
Fresno police have run repeated street racing enforcement operations this year. In reports from those operations, officers described stopping vehicles that were leaving the area, and police noted that some groups had gathered without any reckless driving taking place. Being near the activity is not the same as taking part in it.
How These Charges Are Defended
Being cited does not mean you are guilty. The prosecutor has to prove every part of the charge, and many cases have weak points.
- No intent to show off. Exhibition of speed requires trying to impress or show off for someone. Accelerating quickly is not enough on its own.
- Speed is not the same as reckless. Road conditions, traffic, and time of day all matter. Driving fast on an empty road is not the same as weaving through heavy traffic.
- Unreliable speed estimates. An officer's visual estimate, especially at night or from a distance, may not be accurate.
- Mistaken identity. When several cars leave the same area at once, an officer can easily stop the wrong vehicle.
- An unlawful stop. An officer needs a legal reason to pull you over. If there was not one, the evidence may not be usable.
- Video evidence. Dashcam footage, phone videos, and business security cameras can show what actually happened.
Can Reckless Driving Charges Be Reduced or Dismissed?
In many cases, there are options other than a conviction for the original charge. A defense attorney can negotiate with the District Attorney and the court to have the charge reduced to a less serious offense or dismissed.
What is possible depends on the facts of the stop, the strength of the evidence, and your driving history. Every case is different, and no result is guaranteed, but you should never assume a conviction is your only option.
An Attorney Can Appear in Court for You
In most misdemeanor cases, your attorney can appear in court on your behalf. That means:
- You do not have to take time off work for each court date.
- You do not have to sit in a courtroom waiting for your case to be called.
- Your attorney speaks for you in front of the judge and the prosecutor.
- You stay informed about every step of your case.
Mistakes to Avoid
- Treating the citation like a ticket. Ignoring the court date can lead to a warrant for your arrest.
- Pleading guilty at the first court date. Once you plead guilty, the chance to have the charge reduced or dismissed is usually gone.
- Explaining yourself to the officer. Anything you say can be used against you. Be polite, but you are not required to explain your driving.
- Posting driving videos on social media. Prosecutors can use videos from Instagram, TikTok, and other apps as evidence.
- Waiting to get help. Storage fees add up every day, and your court date will not wait.
Talk to a Fresno Reckless Driving Lawyer Before Your Court Date
A reckless driving or exhibition of speed charge can cost you your car, thousands of dollars in fees, and a clean record. How the case is handled from the beginning can make a real difference in the outcome.
With over 25 years of experience defending clients in Fresno and Madera County, the Law Offices of Tina M. Barberi knows how these cases are handled in our local courts. We will review the facts of your stop, explain your options in plain language, and start working toward having your charge reduced or dismissed.
Call Tina M. Barberi at (559) 447-1240 for a free consultation. There is no obligation, just clear answers. The sooner you call, the sooner we can start protecting your record.
