Criminal Defense

What is a “Wet Reckless” Plea Bargain?

November 28, 2016 by Seppi Esfandi in Criminal Defense  DUI   Leave a Comment
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Wet and Reckless

“Vehicle Code 23103.5 – If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense.”

What This Means

A “Wet Reckless” is designed primarily for repeat DUI offenders as a way to lessen their punishment. Compared to a DUI conviction, the penalties that go along with a wet reckless are much lighter. If you are a repeat offender and can get the charge reduced to a wet reckless, you may escape mandatory jail time, larger fines, and longer license suspension, but will still have to complete a court ordered driving under the influence program.

Should I Hire a DUI Attorney?

Sometimes the prosecutor will offer a Wet Reckless if he/she thinks they will likely lose in court, yet still want to convict you of something rather than having the charges dropped altogether in court. In this case among others, you will need a criminal defense attorney who is well-rehearsed in DUI court cases. A good attorney will be able to see the shortcomings of the prosecutor and leverage the case towards a dismissal.

References:

[1] CA VC 23103.5 WET RECKLESS

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