Vehicles: reckless driving: impoundment.

Plain English Breakdown

The bill summary and digest do not provide specific details on the exact penalties if charges are dismissed, leaving this as an open question.

Vehicles: Reckless Driving and Impoundment

The bill modifies penalties for reckless driving, including changes to license suspension periods and extending impound times for vehicles.

What This Bill Does

• Changes the minimum period of license suspension for first-time reckless driving convictions from up to 30 days to between 30 and 90 days.
• Increases the maximum period of license suspension for second convictions from up to 60 days to at least 90 days but no more than one year.
• Sets a minimum period of license suspension for third or subsequent convictions at not less than 90 days, with an upper limit of one year.
• Extends the impoundment period for vehicles involved in reckless driving by at least 60 days and up to 90 days if the driver has had a similar conviction within the last three years.
• Requires vehicle owners to provide proof that they were unaware of the driver's actions before getting their car back early.

Who It Names or Affects

• Drivers convicted of reckless driving will face longer license suspensions and stricter penalties.
• Vehicle owners whose cars are impounded due to reckless driving may have to wait longer to get them back or provide proof they were unaware of the driver's actions.

Terms To Know

Impoundment

The process where a vehicle is taken and held by law enforcement for a certain period.

Perjury

Lying under oath, which can be a serious crime with penalties including fines or jail time.

Limits and Unknowns

• The bill does not specify what happens if the charges against the driver are dismissed.
• It is unclear how this will affect local agencies and their operations.

Official Summary Text

SB 1198, as amended, Menjivar.
Vehicles: reckless driving: impoundment.
Under existing law, a court is authorized to suspend the driving privilege of a licensed driver convicted of a violation relating to the speed of vehicles or reckless driving for a period of not to exceed 30 days for a first conviction, for a period of not to exceed 60 days upon a 2nd convection, and for a period of not to exceed 6 months upon a 3rd or any subsequent conviction.
This bill would authorize a court, for a conviction of reckless driving, to suspend the driving privilege for a period
of not less than 30 days and not more than 90 days
not to exceed 60 days
upon a first
conviction,
conviction and for a period of not less than 30 days and not to exceed 6 months upon a 2nd conviction,
and would require a court to suspend the driving privilege for a period of
6 months upon a 2nd conviction, and for a period of not less than 3 years
not less than 90 days and not to exceed one year
upon a 3rd or any subsequent conviction.
Existing law authorizes a peace officer to arrest a person and seize the motor vehicle of the person if a peace officer determines that the person was engaged in a motor vehicle speed contest, reckless driving, or an exhibition of speed on a highway or in an offstreet parking facility. Existing law allows a vehicle seized under this provision to be impounded for up to 30 days. Existing law requires an
impounding agency to release a motor vehicle to the registered owner or their agent prior to the conclusion of the impoundment period if, among other reasons, the person alleged to have been engaged in the motor vehicle speed contest was not authorized by the registered owner to operate the motor vehicle at the time of the commission of the offense, or if the registered owner was neither the driver nor a passenger of the motor vehicle or was unaware that the driver was using the motor vehicle to engage in the prohibited activities.
If a peace officer determines that a person was engaged in reckless driving on a highway or in an offstreet parking facility, this bill would authorize the seized motor vehicle to be impounded for not less than 60 days and not more than 90 days if the person has a reckless driving conviction that occurred within 3 years before the current offense. If an impounding agency releases a motor vehicle to the registered owner or agent prior to
the conclusion of the impoundment period, the bill would require the registered owner to provide evidence that the driver did not have authorization from the registered owner to operate the motor vehicle, as specified, or require the registered owner to
sign an affidavit under penalty of perjury
submit a written, signed statement attesting
that the registered owner was unaware that the driver was using the vehicle to engage in reckless driving.
By expanding the scope of the crime of perjury, this bill would create a state-mandated local program.
The bill would allow a registered owner or their agent to obtain their vehicle prior to the conclusion of the impoundment period based on the reason that the registered owner was not the driver
or passenger of the motor vehicle or was unaware that the driver was engaging in reckless driving
once.
3 times.
The bill would prohibit a registered owner from using this reason to obtain the motor vehicle prior to the conclusion of the impoundment period for a
2nd
4th
or any subsequent arrest that involves the same driver and vehicle.
Existing law requires an impounding agency to release an impounded vehicle before the conclusion of the impound period if the charges against the driver are dismissed.
This bill would prohibit the registered owner or driver of the vehicle from being charged any towing or storage fees if the vehicle is released for this reason.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Current Bill Text

Download Bill PDF