What Is A Wet Reckless In California?

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  • 1. WHAT IS A “WET RECKLESS” IN CALIFORNIA? Presented By Diana Aizman, Esq.
  • 2. A “wet reckless” is another name for the charge of reckless driving involving alcohol. VehicleCode23103to23103.5
  • 3. Principal Use Of “Wet Reckless” • A Wet Reckless is a plea bargain used in a DUI case when prosecutors can’t make a strong case for a DUI conviction. • The driver retains a priorable charge on their driving record in exchange for lesser consequences than a DUI.
  • 4. When Would A DUI Be Reduced To A “Wet Reckless”? • Low Blood Alcohol Concentration. • Problems with the Breath Testing Instruments Used to Measure Blood Alcohol Concentration. • Prosecutor May Have Problems Proving Driving. • Chain of Custody Issues Involving Blood Testing. • Violation of Title 17 or Other Laws Governing Forensic Blood Alcohol Testing. • Issues Involving Probable Cause But Not Rising to a Blatant Violation of 4th Amendment.
  • 5. Advantages Of A Wet Reckless vs. DUI Wet Reckless • May Include A Shorter Probation • No Mandatory Minimum Penalty • No Mandatory Drivers License Suspension • Qualifying For An Expungement Faster. • Wet Reckless Looks Better On Your Record. • Can Help You Get Certain Jobs a DUI Would Disqualify You From Receiving • No Requirement For An Ignition Interlock Device in a Pilot County (Alameda, Los Angeles, Sacramento, and Tulare) • No Mandatory Minimum Penalty • Lighter Penalties For Commercial Drivers Than A DUI DUI • Mandatory Minimum 3 years of Probation and $390 Fine Plus Penalty Assessments • Alcohol Program Required • Minimum 96 Hours County Jail on 2nd Offense and 120 Days Jail on 3rd Offense • 6 Month Drivers License Suspension for 1st Offense • Requirement to Install an Ignition Interlock Device in Pilot County • Loss of Commercial Drivers License for Repeat Offenders
  • 6. Will My License Be Suspended?
  • 7. • The court is not required to suspend your license. • However if you lose your DMV hearing your license will be suspended for up to four months.
  • 8. Penalties • A “Wet Reckless” Has No Statutory Requirements Leaving Open the Options to Negotiate the Terms and Conditions of Probation • Max 90 Days in County Jail • Max $1000 Fine • No Requirement for DUI School • Prosecutor May Require 12 Hour Alcohol Class Available Only to A Wet Reckless Conviction • A Wet Reckless Is Still Considered A Priorable Offense
  • 9. Diana Aizman, Esq. 818-351-9555 @DianaAizman
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    Overview of a "Wet Reckless" dui plea bargain, penalties and comparison with a DUI.
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    • 1. WHAT IS A “WET RECKLESS” IN CALIFORNIA? Presented By Diana Aizman, Esq.
  • 2. A “wet reckless” is another name for the charge of reckless driving involving alcohol. VehicleCode23103to23103.5
  • 3. Principal Use Of “Wet Reckless” • A Wet Reckless is a plea bargain used in a DUI case when prosecutors can’t make a strong case for a DUI conviction. • The driver retains a priorable charge on their driving record in exchange for lesser consequences than a DUI.
  • 4. When Would A DUI Be Reduced To A “Wet Reckless”? • Low Blood Alcohol Concentration. • Problems with the Breath Testing Instruments Used to Measure Blood Alcohol Concentration. • Prosecutor May Have Problems Proving Driving. • Chain of Custody Issues Involving Blood Testing. • Violation of Title 17 or Other Laws Governing Forensic Blood Alcohol Testing. • Issues Involving Probable Cause But Not Rising to a Blatant Violation of 4th Amendment.
  • 5. Advantages Of A Wet Reckless vs. DUI Wet Reckless • May Include A Shorter Probation • No Mandatory Minimum Penalty • No Mandatory Drivers License Suspension • Qualifying For An Expungement Faster. • Wet Reckless Looks Better On Your Record. • Can Help You Get Certain Jobs a DUI Would Disqualify You From Receiving • No Requirement For An Ignition Interlock Device in a Pilot County (Alameda, Los Angeles, Sacramento, and Tulare) • No Mandatory Minimum Penalty • Lighter Penalties For Commercial Drivers Than A DUI DUI • Mandatory Minimum 3 years of Probation and $390 Fine Plus Penalty Assessments • Alcohol Program Required • Minimum 96 Hours County Jail on 2nd Offense and 120 Days Jail on 3rd Offense • 6 Month Drivers License Suspension for 1st Offense • Requirement to Install an Ignition Interlock Device in Pilot County • Loss of Commercial Drivers License for Repeat Offenders
  • 6. Will My License Be Suspended?
  • 7. • The court is not required to suspend your license. • However if you lose your DMV hearing your license will be suspended for up to four months.
  • 8. Penalties • A “Wet Reckless” Has No Statutory Requirements Leaving Open the Options to Negotiate the Terms and Conditions of Probation • Max 90 Days in County Jail • Max $1000 Fine • No Requirement for DUI School • Prosecutor May Require 12 Hour Alcohol Class Available Only to A Wet Reckless Conviction • A Wet Reckless Is Still Considered A Priorable Offense
  • 9. Diana Aizman, Esq. 818-351-9555 @DianaAizman
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