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Wet Reckless Conviction in Los Angeles

December 10, 2010

In this article Los Angeles DUI Defense Lawyer discusses Wet Reckless Conviction in Los Angeles. Click on the links below to go directly to your topic of interest.

WET RECKLESS LEGAL BASIS
WET RECKLESS CONVICTION – AVOIDS JAIL TIME
WET RECKLESS CONVICTION – AVOIDS LICENSE SUSPENSION
WET RECKLESS CONVICTION – AVOID IID
WET RECKLESS CONVICTION – BETTER RECORD
WET RECKLESS AND PRIORABILITY

DUI arrest is a very scary experience for anyone because of its potential consequences on your job, your record and even your family. Most people who are arrested for DUI have never been in a situation of an arrest and investigation and will often act in a way that will not help their case. Instead, a person who is facing a DUI investigation should be mindful of providing as little evidence to the police as possible without overstepping the boundaries or incriminating himself. If you are facing a DUI investigation you need to say the right things to avoid an arrest or, when that is impossible, to make the police case weaker. If you are successful, you can greatly increase your chances of winning your DUI case or getting a good deal, which can be a lower level offense such as reckless driving. One common negotiated disposition of a DUI case If you were arrested for a DUI, you probably heard that a wet reckless is a better deal then a DUI. Here I will discuss what is a wet reckless.

WET RECKLESS LEGAL BASIS

A wet reckless, codified in the California Vehicle Code Section 23103 per 23103.5 is an alternative charge to a DUI that does not carry some of the punishment and stigma that a DUI does. A “wet reckless” is a legislative creature that recognizes that some DUI case are weaker and give the prosecutions the tools to settle “weaker” DUI cases for an alternative plea. A “wet reckless” is a negotiated disposition that can be offered by the prosecution to allow the defendants to benefit from a disposition that does not carry some of the consequences of a DUI exactly when the prosecutor’s case is weaker. Examples of situation where a “wet reckless” can be negotiated are cases where DUI defendants have no priors, or a lower blood alcohol level. Conversely, it is harder to negotiate a wet reckless disposition when the blood alcohol concentration is very high or when there are other aggravating factors, such as a car accident. The attorneys at Los Angeles DUI Attorney are experts in negotiating pleas alternative to DUIs, including a “wet reckless” pleas.

WET RECKLESS CONVICTION – AVOIDS JAIL TIME

The major advantages of a “wet reckless” plea include a no statutory requirement that a defendant serves any jail time as a result of a plea. This is usually becomes very important in second DUI cases, third DUI cases and other multiple DUI cases because whereas first offense DUI does not require jail time, multiple DUI cases do. Thus pleading guilty to a “wet reckless” on a multiple offense DUI, will give a legal basis to settle your DUI case without any jail time.

WET RECKLESS CONVICTION – AVOIDS LICENSE SUSPENSION

Another benefit of a “wet reckless” pleas is that this conviction, unlike a DUI conviction, does not result in a license suspension or license revocation. A DUI, by law, will cause a driver’s license suspension. Upon a DUI conviction, the sentencing court will submit a notice to the DMV that will trigger a license suspension or revocation once the DMV record is updated with a DUI conviction. The suspension will be backdated to the date of the conviction and a letter will be mailed to you informing you that your license is suspended as of the date of the conviction. In addition to the direct consequences of a DUI conviction, the DUI will have some collateral consequences, such as the increase of the insurance rate.

In contrast with a DUI, a “wet reckless” will not result in the suspension or revocation of your driver’s license. This benefit is especially important if you won an APS DMV hearing or a Refusal DMV hearing. Typically, a person who is arrested for a DUI will face both a DMV action and a criminal court case and have to fight each case separately. Losing a DMV hearing will cause a license suspension or revocation in a similar way that losing a DUI case will cause a license suspension or revocation. To avoid any suspension, you need to fight and win both a DUI and a DMV hearing. Yet, a wet reckless plea will avoid a “court” suspension.

WET RECKLESS CONVICTION – AVOID IID

In 2010 California passed a new law that required all persons convicted of a misdemeanor DUI in 4 California counties to install an ignition interlock device in their car. The ignition interlock devise is a device that is wired into a vehicle ignition to prevent a driver with alcohol in his breath from operating a vehicle. The 4 California counties that are part of the pilot program are: Los Angeles, Alameda, Sacramento and Tulare. The law now requires installation of IID on every car that a person convicted of a DUI own or operates. Being convicted of a “wet reckless” or other alternative pleas will not result in an ignition interlock device to be installed in a vehicle. Ignition interlock device (IID) is installed at your expense and requires calibration every two month that also cost money. Not installing an ignition interlock device will permit a DUI defendant to avoid embarrassment and cost of an IID.

WET RECKLESS CONVICTION – BETTER RECORD

A conviction for a wet reckless is a conviction for “reckless driving”. Reckless driving is considered a lesser offense than a DUI and carries less consequences with the DMV and the courts. Often, a conviction for a wet reckless will avoid collateral consequences of a DUI, such as effect on some immigration status or professional license. For example, a DACA recipients will lose their status with a DUI conviction. The chances of DACA status loss are much lower with a “wet reckless” conviction. It can be pointed out that a “wet reckless” conviction is a much less serious offense by looking at the potential jail time exposure. A “wet reckless” potential maximum jail time is only 90 days, one of the lowest jail time exposures in California criminal justice system.

WET RECKLESS AND PRIORABILITY

A major disadvantage of a “wet reckless” is that is it, just like a DUI, is priorable. If you are arrested for another DUI within 10 years of the date of the wet reckless offense, it will be considered a 2nd DUI despite there was no first DUI, since it was a “wet reckless”. A wet reckless is “wet” because alcohol was involved. Consequently, the punishment for a “wet reckless” is somewhat similar to a DUI and even includes an educations component of a first offender DUI class, which is only 12 hours long. In addition, because wet reckless involves use of alcohol, the prosecutors like to insist on a “Watson Advisement”. A Watson advisement is actually required by law and is based on California Vehicle Code section 23593, which spells out that in all wet reckless, DUI and DUI with injury cases, a warning must be given. Los Angeles DUI lawyers think that the “Watson Advisement” is the most important part of a wet reckless plea and fight hard to minimize it. A “Watson Advisement” is an oral and/or written notice that the court gives defendants during the plea, informing them that drunk driving is extremely dangerous to human life and in the future if they drive while intoxicated and as a result of that driving someone will be killed, they can be charged with murder. A charge of murder in California carry a possibility of a life sentences; therefore, minimizing the Watson advisement effect during plea has the potential to develop a monstorous defense in future cases.

Los Angles DUI attorney have negotiated hundreds of DUI cases where the results were extremely beneficial to his clients. Some of the negotiated dispositions involve reduced charges and some involve outright dismissals.

DUI attorney Los Angeles takes an approach to his DUI cases that allow him to win in court and at the DMV. You can call our office anytime with questions about your DUI case. We are always ready to answer your questions and will help you understand your rights and possible consequences. Call our office now for a free consultation and you will be able to talk to an attorney directly.