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. Jul 26, 2016 the wet reckless plea bargain can help a dui defendant stay out of jail and keep his or her job, but what a wet reckless plea bargain cannot do is also important to consider. Apr 07, 2009 a wet reckless is also known as an alcoholrelated reckless driving reckless driving involving alcohol charge. I recently did an fbi back ground answered by a verified criminal lawyer we use cookies to give you the best possible experience on our website. Wetreckless is a misdemeanor charge, and carries less severe court punishment than a california dui conviction. It is a typical result of a 1st offense dui plea in california, in which the defendant pleads guity or nolo contendere to a drunk driving offense. Basically, a person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
In july 2000 i was charged with a wet and reckless. A wet reckless will depend upon the system and court youre in. In my experience, a dry reckless result is even better than a wet reckless, which is already. 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. While the specifics vary by state, reckless driving charges often result in high point values, though wet reckless driving charges are normally less damaging to your record than dui charges. The term wet reckless refers to a plea bargained charge of violating california vehicle code 23103 pursuant to 23103. Fortunately in california there is relief available if you have every been convicted of a wet reckless or dui. Addition of two points on the drivers california dmv driving record or 3. Reckless driving is a misdemeanor in the state of california. These classes are designed to give the participant information on the legal, medical, and social problems associated with the abuse of alcohol and other drugs. Can i take a california wet reckless drunk driving education. California 12 hr sb 1176 wet reckless a dui, mip minor in possession or any other alcohol or drug related charge, there is a california 12 hr sb 1176 wet reckless course available for you online. How long does reckless driving stay on your record. Typically, conviction of a wet reckless will be penalized with mandatory completion of an alcohol education program.
Dui programs california department of health care services. A wet reckless typically involves a fine and classes for wet reckless as part of a plea bargain agreement. A wet reckless is a common plea agreement in california drunk driving cases. Yuor conviction for a wet reckless will never fully be taken off your record and for ten years it is considered a prior if you happen to get arrestedcharged with a new dui offense. I received a wet and reckless charge, how can i get the. How california defines the wet reckless driving charge. The benefits of pleading to a reckless driving charge are simple. Superior court of california, county of napa for court use only people of the state of california v. With a wet reckless, you plead guilty to vc 23103 reckless driving, just as you would with a california dry reckless.
The other way you can end up with a wet reckless outcome is if. Although classified as a misdemeanor, the charge is far less serious than a dui. 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. Under californias senate bill 16, the class must be spread out over six weeks, two hours per class once per week. A wet reckless, sometimes wrongly called a wet and reckless, or even misspelled as a wet wreckless, is a special charge. It is a basically a misdemeanor reckless driving offense. Read on to learn more about how the state of california defines the wet reckless driving charge. If you have any questions about your case, the possible sentence, or the. First, those convicted of a wet reckless usually have to participate in an alcohol and drug awareness program as a condition of probation. 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. California wet reckless driving penalty ca dui laws. 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. In 2006, a ninemonth program for first offenders with a blood alcohol content of 0.
What type of violation is a wet reckless considered in. I am applying for ct jobs in california and remember when i ordered my livescan for my school it did show up. Such a code section, incidentally, is not one for which you can be arrested. When one is charged with a misdemeanor drunk driving, lesser charges that one might seek that carry less harsh punishments include a wetreckless or a dryreckless. Whether to accept a dui plea bargain such as wetreckless is a decision an accused driver should make only after receiving expert legal advice. Reckless driving is a misdemeanor and may not be reduced to an infraction. When a dui is reduced to a reckless driving charge, its sometimes called a wet reckless. Is reckless driving a felony or misdemeanor in california. A dui is a misdemeanor criminal conviction on your record and can be used by employers, landlords, and anybody else you might deal with in your life, to discriminate against you. I received a wet and reckless charge, how can i get the charge expunged and taken off my record in california.
The online courses must be preapproved by the court, as california typical will only allow online dui classes for out of state nonresidents. A charge of wet reckless typically carries fewer obligations, punishments, and costs than a traditional duidwi. Second, a wet reckless will count as a prior dui conviction if the motorist is convicted of driving under the influence within ten years following the wet reckless conviction. 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 california dui dwi attorney knows that sometimes it is better to accept a plea bargain than to go to trial in a drunk driving cases. At the same time you should hire an attorney to expunge the wet reckless conviction. You must obtain court approval before enrolling in a course.
It is not significantly different than a dui conviction in that it is an alcoholinvolved driving criminal misdemeanor charge, but the penalties are somewhat reduced, including shorter license suspensions and probation periods. But once courtimposed penalty assessments get added in the fines for. Dry reckless is found in california vehicle code section 23103. In july 2000 i was charged with a wet and reckless misdemeanor dui in california. It is commonly used as a plea bargain by the prosecutor in place of the more serious charge of a dui, ca vehicle code 23152. Pleading guilty to a wet reckless charge in arizona. A dry reckless is a california traffic offense, which is categorized as a misdemeanor. Justia california criminal jury instructions calcrim 2017 2200. According to california vehicle code section 23103, a person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
Wet reckless charge colorado dui lawyer tiftickjian law firm. Crim 243, misdemeanor advisement of rights, waiver, and plea form, amador. You cannot be arrested or charged with a wet reckless in any circumstance under colorado law. There are not huge differences between a dui and wet reckless conviction in california, however there are some differences. 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. This 12 hour program program meets the requirements for conviction of a 23140 juvenile dui, which can be an infraction or a misdemeanor for 1820 year olds. These classes are designed to give the participant information on the legal, medical, and social problems associated with. The existence of this plea on a drivers record can be meaningful to your own car accident case and settlement. A dui will often have harsher penalties and carries a greater stigma then a wet reckless conviction. The wet reckless plea bargain can help a dui defendant stay out of jail and keep his or her job, but what a wet reckless plea bargain cannot do is also important to consider. The sb 1176 program is also referred to as ab 803 wet reckless online dui california program. What to call a wet reckless on an employment application.
Sep 28, 2016 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. But for those convicted of a wet recklessas opposed to a dry recklessthere are. It is a misdemeanor offense and is a lesserincluded offense of dui. California i plead no contest to a wet reckless earlier this year for an incident over a year ago. Initially, you may be arrested for a dui, and the california department of prosecution will institute charges against you. We are one of the only law firms in california that specialize in wet reckless and dui expungement. Dry reckless dcd law dui and criminal defense lawyer. It should reflect an arrest for the dui misdemeanor along with the actual wet reckless conviction.
One of those lesser charges is wet reckless reckless driving involving alcohol. Wet reckless is a common plea bargain to a dui charge that carries lesser penalties but still counts as a. The driver pleads to reckless driving with alcohol involved hence the wet reference. In united states law, reckless driving is a major moving traffic violation that generally consists in. It is not uncommon to get a dui charge reduced to a wet reckless under california vehicle code section 23103 and 23103. You are actually pleading guilty to dry reckless under vc 23103 but the section requires that the prosecution state a basis for the substitute charge and to. My question involves a background check in the state of. The offense is a misdemeanor offense and has the potential consequence of jail time for the offender.
The defendants drivers license may still be temporarily suspended by the california department of motor vehicles dmv, and the defendants automobile insurance. In fiscal year 201220, 2,737 people participated in californias dui programs. The penalties for a reckless driving violation are generally less severe than those for a dui conviction. A wet reckless, codified in the california vehicle code section 23103 per 23103. However, a notation must be entered in the official court record that there is an alcohol enhancement with the reckless driving conviction. As such, it is not subject to the mandatory jail sentences that certain dui offenses require.
The good news is that there is a law in california that was designed specifically to help you remove the dui conviction from you record, so that the dui conviction. 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. An individual can be charged with dry reckless if heshe drives in a manner. When this is classified as a wet reckless, it means that the defendant had alcohol in their system. Points commonly range in value from 1 to about 6, with reckless driving often on the 4plus end of the scale, sometimes even netting the full, dreaded 6. A wet reckless generally results in lower total fines than a california dui. Dry reckless as a plea bargain in california dui cases. You can only be convicted of a wet reckless as a pleabargained agreement with the prosecutor. You may have the conviction expunged pursuant to penal code 1203. A wet reckless driving conviction in california is a criminal misdemeanor, and thus it very well could show up as part of a background check. A wet reckless implies that alcohol was involved during your reckless driving. Some of the disadvantages of pleading guilty to a wet reckless are listed below. These are referred to as either a wet reckless driving or a dry reckless driving. Difference between dui and wet reckless in california.
Instead, wet reckless is a madeup term that describes a specific type of plea deal sometimes offered to dui or dwai offenders in colorado. All of those pieces together typically form an average wet reckless disposition. In many cases, a court will allow an online dui dwi vc section 23103 per vc 230. 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. Punishment for reckless and wet reckless driving in. The state of colorado does not have a specific crime or offense that is called a wet reckless. We have helped many people with this misdemeanor case. California wet reckless and dui expungement summary. The probation period for a wet reckless is generally 1 2 years, whereas it is between 3 5 years for a first time dui.
Easily search, select, and fill more than 5000 updated california judicial. 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. Reckless driving is defined in california vehicle code 23103. How california defines the wet reckless driving charge a law enforcement officer cannot arrest you for wet reckless. In 1999, legislation was passed to order individuals convicted of wet and reckless to a dui education program. Under california law, reckless driving is a misdemeanor that can carry penalties that involve up to 90 days of incarceration. California sb 1176 wet reckless class california ab 803 wet reckless class. In fiscal year 201220, 2,737 people participated in california s dui programs.
On an employment application, it is asking for any misdemeanors on my record. Can i take a california wet reckless drunk driving education course online. An offense of reckless driving involving alcohol wet reckless is most often a plea bargain agreement for reducing charges from a dui offensecharge. A wet reckless is also known as an alcoholrelated reckless driving reckless driving involving alcohol charge. When someone pleads guilty to a wet reckless, they may be saving money in terms of the fines theyll have to pay. The pros and cons of a wet reckless plea in a dui case. Wet reckless under california vehicle code section 2310323103. This 12 hour course has been approved to meet court requirements for persons who receive a dui in the state of california but are residents of another state or country. Can i take a california wet reckless drunk driving.
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. You should request from the california department of justice a copy of your criminal record. Does california permit wet reckless plea bargains for dui.
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