Criminal Traffic Offenses in California

Serious Defense For Serious Traffic Crimes

Not all traffic offenses are minor violations and infractions. In California, many driving and vehicle operation related charges are misdemeanor or felony criminal offenses. The consequences can be overwhelming. Prosecutors aggressively pursue these cases, and convictions can follow you for life. Convictions can result in jail or prison time, DMV points, license suspension, heavy fines, probation, and a permanent criminal record. Joseph A. Tang is an experienced criminal defense attorney that understands the risks and concerns, and will fight aggressively to get a positive result for you.

A skilled California traffic crimes defense lawyer like Joseph A. Tang can:

• Challenge the legality of the traffic stop or arrest
• Suppress unlawfully obtained evidence
• Negotiate reduced charges or dismissals
• Fight to protect your driver’s license
• Minimize or avoid jail or prison time

However, often times time is of the essence after an arrest is made. Early intervention to properly investigate the facts and begin developing a defense plan is sometimes crucial and may make the difference between getting a great result and a regrettable result that could have been different but for aggressive early intervention by an attorney such as Joseph A. Tang. That is why it is of the utmost importance to call Joseph A. Tang immediately after you’ve been arrested or cited for a criminal traffic offense.

The Possible Consequences Of A Criminal Traffic Offense Conviction

Unlike traffic infractions, misdemeanor and felony traffic crimes are handled in criminal court, not traffic court. The reason these crimes prosecuted in criminal court is because they all can possibly result in a jail or prison sentence, versus a traffic infraction which by law cannot. In addition to jail or state prison time, a conviction for such criminal traffic offense may also result in:

• Thousands of dollars in fines and court fees
• Driver’s license suspension or revocation
• A permanent criminal record
• Increased insurance premiums
• Employment or professional licensing consequences

Such consequences can affect everything from your driving privilege to your career. If you are convicted and sentenced to jail or state prison time, you could lose your job and future job opportunities, and your reputation could be permanently damaged. Fines for criminal traffic offenses can also be steep and may also result in imprisonment and/or damage to your credit if they are left unpaid. Additionally, convictions for criminal traffic offenses often result in DMV points, which will directly result in increased auto insurance premiums for years. If enough DMV points are accumulated in the negligent operator treatment system (NOTS) within certain periods of time, the DMV may designate you a Negligent Operator, resulting in DMV hearings and license suspensions.

Joseph A. Tang has the experience and expertise to fight for you in Court and with the DMV to prevent such punishment and consequences from happening, or to mitigate them.

Common Misdemeanor and Felony Traffic Offenses in California

Misdemeanor traffic offenses in California involve less serious circumstances but still may be punishable by up to one year in county jail, along with fines and the other penalties mentioned in the above section. Felony traffic offenses in California involve serious bodily injury, death, or extreme recklessness and can result in state prison sentences and lifelong consequences. In addition to the possibility of probation or parole, and a permanent criminal record which will occur from conviction of all the offenses listed below, the punishments for some specific commonly occurring traffic offenses are listed below as follows:

Driving Under the Influence / Driving with a Blood Alcohol Content of 0.08% or Greater (VC § 23152, et seq.)

Driving Under the Influence of alcohol or drugs is one of the most or the most common criminal traffic offenses in the State of California. Even a first-time DUI in criminal court can directly result in:

• Up to 180 days of county jail
• Driving Under the Influence education program
• Fines of $390 up to $1,000, plus penalty assessments (before additional mandatory fines and fees are added or multiplied resulting in considerably larger final total amount)
• Two DMV points
• Driver’s license suspension
• Ignition interlock device requirements

A DUI may be charged as a felony if it involves:

• Injury to another person
• Multiple prior DUI convictions within 10 years
• A fatal collision

If aggravating circumstances exist such as injury, excessively high blood alcohol content, refusal to provide a post-arrest chemical test, the presences of a child, etc., the punishments can be increased including mandatory jail or prison time and a longer DUI program. Additional DUI convictions within 10 years of a prior DUI conviction can result in mandatory jail time and greater jail time exposure, which increases the more prior convictions you have, and may even result in a felony DUI with years in state prison.

Many California DUI cases depend heavily on police reports, body-cam footage, and chemical test evidence that can be challenged through expert analysis. Common California DUI defenses include an unlawful traffic stop, improper administration of field sobriety tests, inaccurate breath or blood test results, faulty testing equipment, rising blood alcohol levels, or violations of constitutional rights.

Reckless Driving (VC § 23103)

Reckless driving is a serious criminal offense in California. Under California Vehicle Code § 23103, reckless driving occurs when a person drives a vehicle with willful or wanton disregard for the safety of persons or property. Prosecutors must prove that the driving conduct went beyond mere negligence and rose to the level of intentional or reckless behavior—an important distinction that can often be challenged. These charges often stem from allegations of excessive speeding, aggressive driving, street racing, or dangerous maneuvers. A conviction of this charge can directly result in:

• 90 days of county jail
• Fines of up to $1,000, plus penalty assessments
• Restitution
• Driver’s license suspension
• Vehicle impoundment
• Two DMV points

If another person was injured in the commission of this offense, penalties can increase significantly and the jail time punishments may be increased and become mandatory, and could even result in a felony and a state prison sentence for up to 3 years. (See VC §§ 23104 and 23105). If found guilty of this offense you may also be sentenced to pay restitution to the injured party or party that suffered loss, which could balloon well into a six figure amount, is not dischargeable in bankruptcy, and a court judgment of which accrues interest annually. The court may also sentence you to serve additional jail time, if the restitution is not paid.

Defenses to the charge may be available such as lack of intent, unsafe road conditions, or improper citation. In many cases, charges may be reduced to a lesser offense, such as a traffic infraction, or dismissed altogether.

Hit and Run (VC § 20002)

Hit and run charges in California are taken very seriously and can have lasting criminal and financial consequences. Under California Vehicle Code § 20002, a driver involved in an accident has a legal duty to stop, provide identifying information, and render aid when required. Leaving the scene of an accident involving property damage is a misdemeanor hit-and-run offense, even if no one was injured and it only resulted in minor property damage. Prosecutors must prove that the driver knew or reasonably should have known they were involved in an accident and willfully failed to stop and comply with the law. A conviction of this misdemeanor charge can directly result in:

• 180 days of county jail
• Driver’s license suspension
• Two DMV points
• Fines of up to $1,000, plus penalty assessments
• Restitution

If the hit and run involves injury or death, it becomes an even more serious offense which can be charged as a felony and jail time punishment may be increased, and could even result in a felony and a state prison sentence for multiple years. If found guilty of this offense you may also be sentenced to pay restitution to the injured party or party that suffered loss, which could balloon well into a six figure amount, is not dischargeable in bankruptcy, and a court judgment of which accrues interest annually. The court may also sentence you to serve additional jail time, if the restitution is not paid.

Common defenses to Vehicle Code § 20002 hit-and-run cases include lack of knowledge that an accident occurred, insufficient evidence that the defendant was the driver, compliance with legal duties after the incident, or mistaken identity. In many cases, law enforcement relies on circumstantial evidence, unreliable witnesses, or incomplete accident reports—weaknesses that a skilled defense lawyer like Joseph A. Tang knows how to challenge.

Driving on a Suspended or Revoked License (VC § 14601, et seq., Misdemeanor)

Driving with a suspended or revoked license is a serious criminal offense in California and can carry severe consequences. Under California Vehicle Code § 14601 et seq., a person may be charged if they drive a vehicle while their license is suspended or revoked and they had notice of that suspension or revocation. Prosecutors must prove not only that your license was suspended or revoked, but also that you had actual or legal notice of the suspension—an element that can often be challenged. These cases commonly arise from prior DUI convictions, excessive points, failure to appear in court, or failure to pay fines. This charge is especially serious when the suspension is related to a prior DUI or failure to comply with court orders. A conviction of this misdemeanor charge can directly result in:

• 180 days of county jail for a first offense, and 364 days of county jail for subsequent offenses
• Driver’s license suspension
• Two DMV points
• Fines of up to $1,000, plus penalty assessments

Penalties increase significantly for repeat offenses or when the suspension is DUI-related. Additionally, violation of this offense if the license suspension is due to a DUI can result in mandatory jail time of 10 days of county jail for a first offense, and 30 days of county jail for a second offense.

To convict someone under Vehicle Code § 14601, the prosecution must prove not only that the license was suspended or revoked, but also that the driver had actual knowledge of the suspension. Common defenses include lack of proper notice from the DMV, invalid or incorrect suspension records, mistaken identity, or evidence that the suspension had been lifted. In some cases, constitutional violations or errors in the traffic stop itself can also lead to suppression of evidence.

Evading a Police Officer / Reckless Evading (VC §§ 2800.1; 2800.2)

Failing to stop for law enforcement while driving a vehicle is a serious criminal charge in California. Under Vehicle Code § 2800.1, a person may be charged if they willfully flee or attempt to elude a pursuing peace officer while driving a motor vehicle. This is the case even without any reckless driving or injury. These cases often arise from traffic stops that escalate into allegations of flight, even over short distances. Prosecutors must prove specific legal elements, including that the officer’s vehicle was properly marked, there was a visible red light, police sounded a siren as reasonably necessary, and that the driver acted with intent to evade. A conviction of this misdemeanor charge can directly result in:

• Up to 1 year in county jail
• Possible license suspension
• Potential 30 day vehicle impoundment
• Two DMV points
• Fines of up to $1,000, plus penalty assessments

Reckless evading an officer is a felony offense under Vehicle Code § 2800.2. This law makes it illegal to willfully flee or attempt to evade a pursuing peace officer while driving with a wanton or malicious disregard for the safety of others or their property.

Not every police pursuit rises to the level of felony reckless evading, however. For example, a brief pursuit at high speed that ends quickly—such as driving 80 miles per hour for a short distance and then pulling over—may be charged as misdemeanor evading an officer instead.

However, felony charges become far more likely when the driving behavior is especially dangerous. If a driver flees through residential neighborhoods at high speeds, runs stop signs or traffic signals, narrowly misses pedestrians, strikes or nearly strikes other vehicles, or otherwise drives in a manner that seriously endangers public safety, prosecutors are more likely to file felony reckless evading charges. A conviction for felony reckless evading carries severe penalties, including:

• Up to 3 years in California state prison (16 months, 2 years, or 3 years)
• Fines of up to $10,000
• 30-day vehicle impoundment
• Or, both imprisonment and fines

Prosecutors often pursue these cases aggressively, even when there was an emergency situation, confusion, fear, or no intent to flee.

To secure a conviction, prosecutors must prove specific legal elements, including that the officer was driving a clearly marked vehicle, had activated lights and sirens, and that the defendant willfully intended to evade law enforcement. For Vehicle Code § 2800.2, felony evading, the prosecution must also prove reckless driving that showed a willful or wanton disregard for safety. Defenses may include lack of intent to evade, failure to meet statutory pursuit requirements, unsafe or unlawful police conduct, mistaken identity, or insufficient evidence of recklessness.

Exhibition of Speed / Speed Contest (VC § 23109)

Facing a California Vehicle Code § 23109 Exhibition of Speed or Speed Contest charge can be more serious than a simple traffic ticket. Under Vehicle Code § 23109, it is illegal to willfully engage in a motor vehicle speed contest or an exhibition of speed on a public highway or off-street parking facility. A speed contest includes racing another vehicle or racing against a clock or timing device, and an exhibition of speed involves driving at a dangerously high rate of speed to show off or impress others. These charges are frequently filed in connection with street racing and street takeovers. Street takeovers usually involve blocking intersections, vehicles performing burnouts and donuts with onlookers gathering around the site. These charges can also be filed for aiding, abetting, or encouraging such a speed contest or street takeover. The police aggressively target street takeover activity, often making mass arrests and seizing vehicles—even when drivers were not actively racing. A conviction of this misdemeanor charge can directly result in:

• Up to 90 days in county jail
• Possible license suspension
• Potential 30 day vehicle impoundment
• Two DMV points
• Fines of up to $1,000, plus penalty assessments

These charges are highly defensible. Common defense strategies include: no actual speed contest or exhibition of speed; lawful driving behavior misinterpreted by police; lack of intent to race or show speed; insufficient evidence identifying the driver; illegal vehicle stop or detention; improper or unlawful vehicle impound. Street takeover cases often involve overcharging, where officers arrest multiple individuals based on proximity rather than proof of participation.

Driving Without A License (VC § 12500)

Driving Without a License under California Vehicle Code § 12500 makes it illegal to drive a motor vehicle in California without holding a valid driver’s license issued by the State of California, or another jurisdiction. While this offense is a mini-wobbler, as it can be charged as an infraction or a misdemeanor, when it is charged as a misdemeanor the consequences can be more serious than many drivers realize. A conviction of this misdemeanor charge can directly result in:

• Up to 6 months in jail
• Fines of up to $1,000, plus penalty assessments

Many Vehicle Code § 12500 cases arise from misunderstandings, expired or out-of-state licenses, or drivers who are eligible for a license but have not yet obtained one. Prosecutors may still pursue criminal penalties—even when no accident occurred.

Vehicular Manslaughter – Misdemeanor or Felony (PC § 192)

A charge of vehicular manslaughter under California Penal Code § 192 is one of the most serious criminal allegations a driver can face. These cases arise when prosecutors claim a death occurred as the result of negligent or unlawful driving, and they can be filed as either a misdemeanor or a felony, depending on the circumstances. Vehicular manslaughter cases often involve tragic accidents, but an accident alone does not equal criminal liability. Prosecutors must prove a specific level of negligence or recklessness—something that is frequently disputed and highly fact-dependent. California law recognizes several forms of vehicular manslaughter, including:

• Misdemeanor vehicular manslaughter (ordinary negligence: reasonable care)
• Vehicular manslaughter with gross negligence (misdemeanor or felony)
• Vehicular manslaughter while intoxicated (charged under related DUI statutes)

The distinction between ordinary negligence and gross negligence is critical. Ordinary negligence may involve a momentary lapse in judgment, while gross negligence requires conduct that is reckless, aggravated, or a significant departure from reasonable care. The consequences of a PC § 192 vehicular manslaughter conviction can be severe and life-changing:

Misdemeanor Vehicular Manslaughter

• Up to 1 year in county jail
• Fines up to $1,000, plus penalty assessments
• Restitution
• Possible driver’s license suspension or revocation

Felony Vehicular Manslaughter

• 16 months, 2 years, 6 years, or up to 10 years in state prison (depending on the charge)
• Fines up to $1,000, plus penalty assessments
• Restitution
• Possible driver’s license suspension or revocation

Additional consequences may include civil liability, immigration issues for non-citizens, and long-term employment barriers.

To convict someone of vehicular manslaughter in California, the prosecution must prove specific elements, including that the driver acted with negligence, gross negligence, or an unlawful act, and that those actions directly caused a death. Common defenses include lack of negligence or gross negligence, intervening causes such as another driver’s actions, mechanical failure, poor road conditions, or insufficient evidence linking the defendant’s conduct to the fatality. In some cases, police errors, faulty accident reconstruction, or constitutional violations can significantly weaken the prosecution’s case.

Felony vehicular manslaughter cases often rely heavily on accident reconstruction reports, expert testimony, and assumptions about speed or driver behavior. A skilled California vehicular manslaughter defense lawyer will scrutinize crash data, witness statements, toxicology results, and law enforcement procedures to challenge the charges and seek reduced penalties or dismissal.

Get The Best Los Angeles Criminal Traffic Defense Lawyer To Defend You

If you’re facing criminal charges or are anxious about the numerous possible negative consequences of a conviction of a criminal traffic offense, the best and smartest thing that you can do is to contact The Joseph A. Tang Law Firm immediately. To schedule a consultation with Joseph A. Tang, please call us at (626) 213-5358, or send an email.