What Is A Wet Reckless In California?
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Transcript of What Is A Wet Reckless In California?
WHAT IS A “WET RECKLESS” IN CALIFORNIA?Presented By Diana Aizman, Esq.
A “wet reckless” is another name for the charge of reckless driving involving alcohol. Vehicle Code 23103 to 23103.5
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.
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.
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
Will My License Be Suspended?
• 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.
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
Diana Aizman, Esq.
818-351-9555
@DianaAizman