Recently, a police officer saw a BMW travelling above 110 MPH on Portola Parkway, according to the Irvine Police Department.
The BMW spun out of control, and the officer then pulled it over.
The 22-year-old man from Mission Viejo was arrested for reckless driving, and the BMW was impounded for 30 days.
The driver faces significant criminal penalties, a likely dramatic impact on his auto insurance rates, and potential negative consequences for his employment prospects.
Penalties and Legal Consequences
In California, reckless driving is a serious criminal offense, typically charged as a misdemeanor under Vehicle Code 23103 VC. The potential legal penalties include:
- Jail Time: Imprisonment in a county jail for not less than five days and up to 90 days.
- Fines: A fine of not less than $145 and up to $1,000, plus various penalty assessments and surcharges that can significantly increase the total amount.
- Probation: A judge may impose a period of probation, typically one to five years, often as an alternative to jail time.
- Vehicle Impoundment: The vehicle has already been impounded for 30 days, and the driver is responsible for the associated towing and storage fees, which can be substantial.
- Points on Driving Record: The California DMV will add two points to the driver’s record. Accumulating too many points (e.g., 4 points in 12 months) can result in a license suspension as a negligent operator.
- License Suspension: The court can also separately order a suspension of the driver’s license for up to 30 days for a first conviction.
- Enhanced Penalties: If the driving caused injury to another person, even minor, the penalties are more severe, including longer jail time (up to one year in county jail).
Impact on Insurance
A reckless driving conviction is considered a major violation by insurance companies and will have severe and long-lasting effects on the driver’s auto insurance:
- Rate Increase: Insurance premiums will likely increase dramatically, often by 70% to over 90%, because the driver is now classified as high-risk.
- Policy Cancellation/Non-Renewal: The current insurance provider may refuse to renew the policy or cancel it altogether, forcing the driver to seek coverage from a “high-risk” insurer at much higher rates.
- Duration: The conviction remains on the DMV record for up to 10 years in California, meaning the driver will face elevated insurance costs for years to come.
- SR-22 Requirement: The driver may be required to file an SR-22 form (a certificate of financial responsibility) with the DMV for at least three years as a prerequisite to license reinstatement.
Impact on Employment
The impact on employment depends on the nature of the job and the employer’s policies, but the conviction will appear on criminal background checks:
- Criminal Record: Reckless driving is a misdemeanor criminal conviction, which creates a permanent criminal record that employers can find during a background check.
- Job Requirements: The conviction is especially problematic for jobs that require driving, a commercial driver’s license, or operating a company vehicle.
- Hiring Decisions: While California’s Fair Chance Act prohibits employers from asking about convictions during the initial application phase, they can inquire after a conditional offer of employment and can rescind the offer based on the conviction.
- Current Employment: An existing employer may take disciplinary action, including termination, especially if the employee handbook has clauses regarding criminal convictions or risky behavior.