For a wet reckless vs dui, in a wet reckless you do not have your license suspended or restricted and the fines and penalties are less. Pleading guilty to a wet reckless charge in arizona. If you have any questions about your case, the possible sentence, or the information on this form, ask your attorney or the judge. But for those convicted of a wet recklessas opposed to a dry recklessthere are. However, a notation must be entered in the official court record that there is an alcohol enhancement with the reckless driving conviction. We are one of the only law firms in california that specialize in wet reckless and dui expungement. The offense is a misdemeanor offense and has the potential consequence of jail time for the offender. The benefits of pleading to a reckless driving charge are simple. California vehicle code section 23105 allows a judge to impose more severe penalties for reckless driving offenses that involve any of the injuries listed in the statute. But if youre already ordered to do the threemonth first offender class for the dmv, you will end up doing two separate classes and paying for them. A charge of wet reckless typically carries fewer obligations, punishments, and costs than a traditional duidwi. As you can see a wet reckless will not eliminate many of the punitive requirements that accompany a dui, but there are several reasons why a wet reckless is preferable to a dui. Understanding what this charge means and how it works is useful when youve been in a crash with a driver previously charged with wet reckless.
Consequences of california s wet reckless plea bargain. It is a bazaar fiction to call this reckless driving because there is no requirement that there is any reckless driving. Dui programs california department of health care services. A criminal defense attorney will help to determine the nature of the charges and of the prosecutors ability to back up the charges with good evidence.
Mar 21, 2017 while a california wet reckless is a highly favorable plea bargain for qualified dui defendants, not everyone will be entitled to one. Unlike dui, you cannot be arrested or charged with a wet reckless in california. San francisco attorneys explain the wet reckless in california. In many cases, a court will allow an online dui dwi vc section 23103 per vc 230. You will be on probation for 3 years and the courts and insurance companies otherwise treat a wet reckless same as a dui. Know the pros and cons of a wet reckless plea if you are being charged with dui in california. A wet reckless generally results in lower total fines than a california dui. Generally, prosecutors are more inclined to a reduce a dui down to a wet reckless under vehicle code 23103 and 23103. In fiscal year 201220, 2,737 people participated in california s dui programs. A wet reckless implies that alcohol was involved during your reckless driving. Oct 23, 2019 in 1999, legislation was passed to order individuals convicted of wet and reckless to a dui education program. California vehicle code section 23103 is reckless driving and is defined as driving a vehicle with willful or wanton disregard for the safety of persons or property.
California vehicle code division 11, chapter 12, article 1 section 23103. Instead, wet reckless is a madeup term that describes a specific type of plea deal sometimes offered to dui or dwai offenders in colorado. The california department of motor vehicle is the only authority that can or will suspend a california drivers license andor give restricted licenses. The probationary period for a wet reckless in california is usually one or two years, versus three to five in a dui. While this is still a serious charge, the penalties are lower. The online courses must be preapproved by the court, as california typical will only allow online dui classes for out of state nonresidents.
When a dui is plea bargained down to a reckless driving charge, its sometimes called a wet reckless. In california, a wet reckless charge is different from other criminal charges in that it only exists during plea bargaining. The california dmv typically imposes administrative penalties upon a driver who has been arrested for a second dui, even if there is ultimately no conviction. As such, it is not subject to the mandatory jail sentences that certain dui offenses require. It is a basically a misdemeanor reckless driving offense. Differences between wet reckless and dui driving under the influence dui is a serious charge. Can i take a california wet reckless drunk driving education course online. You will be on probation for 3 years and the courts and insurance companies otherwise treat a wet reckless same. A wet reckless will count as a prior drunk driving offense in california, if you are arrested and charged in the subsequent 10 years. Tom wilson counseling center offers online dui alcohol education for those who received a dui in the state of california but do not live in california and do not have a valid. Dry reckless as a plea bargain in california dui cases. One of those lesser charges is wet reckless reckless driving involving alcohol. In order to do this, however, you must have a strong argument for your defenseand having the right legal representation can greatly improve your chance of success.
You cannot be arrested or charged with a wet reckless in any circumstance under colorado law. Wet reckless dcd law dui and criminal defense lawyer. Differences between wet reckless and dui select insurance group. But for those convicted of a wet recklessas opposed to a dry recklessthere are a few additional consequences. Under the new law, any dui violation under california vehicle code sections 23140, 23152, or 23153 will report for 10 years. You can only be convicted of a wet reckless as a pleabargained agreement with the prosecutor. California 12 hour sb 1176 wet reckless a dui, mip minor in possession or any other alcohol or drugrelated charge, there is a california 12 hr sb 1176 wet reckless course available for you online. If you were arrested for a dui in california, you may be able to get a wet reckless charge reduced to a lesser offense. The plea to a wet reckless will not affect the dmv proceedings unless you were also found not guilty of vehicle code 23152b, driving with bac of. Wet reckless is found in california vehicle code section 23103.
A wet reckless driving charge defines a situation where alcohol was involved while the motorist engaged in reckless driving. When a dui is reduced to a reckless driving charge, its sometimes called a wet reckless. Reckless driving and dui charges wet reckless in some states, its possible for a driver whos charged with driving under the influence dui to plea bargain for a lesser charge. California dui wet reckless if you were recently arrested for driving under the influence dui in california, you may be able to get the charge reduced to a lesser offense. Wet reckless is a term that is not legally recognized in all states. Reckless driving and dui charges wet reckless in california, its possible for a driver whos charged with driving under the influence to plea bargain for a lesser charge. The state of colorado does not have a specific crime or offense that is called a wet reckless. Wet reckless dui, traffic ticket attorneys in california.
A dry reckless isnt priorable like a wet reckless, so it wont increase your penalties if you are arrested for dui again in the future. You are right that one of the problems in a california wet reckless case is that you would normally do the shorter 12hour wet reckless class. However, other eligible offenses may be eligible for a dui diversion or to be plead down to a wet reckless charge to avoid certain penalties and repercussions. Punishment for reckless and wet reckless driving in. A wet reckless, sometimes wrongly called a wet and reckless, or even misspelled as a wet wreckless, is a special charge. The pros and cons of a wet reckless plea in a dui case. Dry reckless dcd law dui and criminal defense lawyer. If you were under 21 at the time of your arrest, the wet reckless will result in a one year license suspension. The sb 1176 program is also referred to as ab 803 wet reckless online dui california program. In some circumstances the charge can be reduced to wet reckless. Wet reckless plea bargain in a california dui case.
Under the vehicle code 23103 quoted above, you can be charged with a misdemeanor goes into your permanent record and shows up on background checks. Reckless driving is a much more serious offense than a simple speeding ticket. Can i take a california wet reckless drunk driving. A 2nd dui conviction happens when you get a 2nd dui within 10 years of a 1st dui conviction or wet reckless conviction. Our lawyers might be able to get your vehicle code 23152 dui reduced to a wet reckless charge that carries less penalties and possibly no jail time.
These are referred to as either a wet reckless driving or a dry reckless driving. There is no mandatory jail time on a wet reckless and the maximum jail time for a wet reckless is 90 days. This is one of the big requests a lot of clients have they want a wet reckless instead of a firsttime dui. Tom wilson counseling center offers online dui alcohol education for those who received a dui in the state of california but do not live in california and do not have a valid california drivers license. A wet reckless is youre driving recklessly on the road and you had alcohol in your system. The probation period for a wet reckless is generally 1 2 years, whereas it is between 3 5 years for a first time dui. A person cannot be arrested specifically for committing a wet reckless. A dui conviction is up to 6months in jail for a first offense and up to one year for subsequent convictions, while a reckless driving conviction carries no more than 90days.
It is a misdemeanor offense and is a lesserincluded offense of dui. Dry reckless is found in california vehicle code section 23103. This is why a dui is referred to as a priorable offense. Difference between dui and wet reckless in california. Generally speaking, a wet reckless is better to plead to than a dui. In shasta county, we have one of the highest dui rates so they usually throw the book at you. Wet reckless plea bargain in a california dui case hedding law. But for those convicted of a wet reckless as opposed to a dry reckless there are a few additional consequences. What happens when you get a second dui in california. The existence of this plea on a drivers record can be meaningful to your own car accident case and settlement. In fiscal year 201220, 2,737 people participated in californias dui programs. Whats more, though the charge will add points to your driving record, you wont lose your driving privileges or have to serve time in jail if you are. The driver pleads to reckless driving with alcohol involved hence the wet reference. Wet reckless plea bargain in a california dui case hedding.
No mandatory installation of a california ignition interlock device iid, and. The one entity that differentiates between a wet reckless and a dui is the california board of registered nursing the brn and for you as a nurse, this is the one entity that should really matter. The term, wet reckless, is used to describe a reduced plea arrangement made by a driver arrested for driving while intoxicated. In 2006, a ninemonth program for first offenders with a blood alcohol content of 0. Wet reckless under california vehicle code section 2310323103. The difference between the two is not that significant. While a california wet reckless is a highly favorable plea bargain for qualified dui defendants, not everyone will be entitled to one.
Some of the disadvantages of pleading guilty to a wet reckless are listed below. In 1999, legislation was passed to order individuals convicted of wet and reckless to a dui education program. Fortunately in california there is relief available if you have every been convicted of a wet reckless or dui. Included on the list are concussions, a loss of consciousness, bone fractures, brain injuries, and paralysis. Over the years, california law has become much tougher towards 2nd duis. Consequences of californias wet reckless plea bargain. The brn views the wet reckless as a minor issue that doesnt rise to level of violating the nurse practice act, while a dui is a major issue and. But once courtimposed penalty assessments get added in the fines for. Wet reckless charge colorado dui lawyer tiftickjian law firm.
The probationary period is generally one or two years, rather than three to five in a dui. If you are convicted and the priors are proven, you will be sentenced to serve anywhere from 120 days to one year in the county jail. Jail time is not mandatory for a wet reckless conviction as it is for a dui. A california dui wet reckless charge is somewhat confusing and you must get with a qualifed law firm. You cannot be originally charged with a wet reckless driving charge. When someone pleads guilty to a wet reckless, they may be saving money in terms of the fines theyll have to pay. Can i take a california wet reckless drunk driving education. Common penalties for dui offense law office of amy chapman. Approximately 30 years ago, the legislature created a new statute known as wet reckless reckless driving that is related to alcohol vehicle code section 23103. California wet reckless driving penalty ca dui laws. California criminal defense attorney wetreckless plea one may plead guilty to a variety of charges relating to driving while intoxicated or driving under the influence of alcohol or drugs. If you are arrested or cited for a dui and you have two prior dui or alcohol related reckless driving convictions wet reckless in the last 10 years, you could be charged with a third dui. Aug 10, 2009 for a wet reckless vs dui, in a wet reckless you do not have your license suspended or restricted and the fines and penalties are less. The penalties for a reckless driving violation are generally less severe than those for a dui conviction.
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