It is incredibly important, i would go so far as to say critical, for a rn to find a dui attorney who will fight tooth and nail to get a dui charge reduced to a wet reckless. May 12, 2012 many criminal defense attorneys have the opportunity to plead their clients to a wet reckless charge instead of a dui a wet reckless is the first of several reductions of a dui charge that a person suspected of driving under the influence may take advantage of. Avoiding dui penalties with a wet reckless charge the. In most situations, this is a deal available to first time offenders who are not accused of any additional charges, such as manslaughter, property damages, or enhanced bac. Aug 24, 2016 while there are many benefits to a wet reckless, it is still priorable for the sake of dui. Dec 14, 2017 pleading to a wet reckless means that you are admitting to a charge of reckless driving reckless driving that involved drugs andor alcohol. So, for someone whos accused of drunk driving in west virginia, convincing a prosecutor to reduce the charge to reckless driving might be possible. West virginias reckless driving laws and penalties. Under legislation passed in 2009, an individual who is convicted of a wet reckless and has a prior dui or wet reckless conviction is required to attend a 9month court ordered program. Wet reckless driving is a lesser charge than dui, and in some cases a dui charge can be reduced to a wet reckless.
A charge of wet reckless typically carries fewer obligations, punishments, and costs than a traditional duidwi. What are the advantages of a dry reckless over a dui. West virginia law doesnt prohibit plea bargaining in dui cases. Generally speaking, a wet reckless is better to plead to than a dui. This is important because my lawyer has informed me the da is willing to reduce my dui charge to a wet reckless, if the wet reckless charge will increase my chances of gaining admission to medical school compared to a full. However, an experienced dui defense attorney may be able to negotiate on your behalf so that the dui charge against you is reduced to a wet reckless. The law does state that if there is a subsequent drunk driving conviction the wet and reckless will have to be considered a prior drunk driving conviction. Does federal immigration law considers a wet reckless as a dui. Reckless driving is still a serious criminal charge, but police officers sometimes use this charge when they lack sufficient evidence of dui. In certain circumstances, its possible to plead a dui charge down to a lesser offense, commonly known as a wet reckless plea. However, a notation must be entered in the official court record that there is an alcohol enhancement with the reckless driving conviction. At the criminal level, there is not much difference between a dui and a wet and reckless in california.
If you are charged with dui in california, you face serious penalties, including jail time, expensive fines and the loss of your driving privileges. If you have a virginia dui dwi, you may be wondering if you can get it reduced to wet reckless. The help of an attorney experienced in dui defense would be necessary to work out such a reduced charge with the prosecutor. Wet reckless attendees normally need to attend a sixweek course. Aug 10, 2009 for a wet reckless vs dui, in a wet reckless you do not have your license suspended or restricted and the fines and penalties are less. Wet reckless is a term that is not legally recognized in all. As a result, being found guilty of this offense results in a conviction on the persons criminal record. You will be on probation for 3 years and the courts and insurance companies otherwise treat a wet reckless same as a dui.
So, what is a continue reading what is the difference between a wet reckless and a dui. Whether wet reckless is a good plea bargain depends on the circumstances of the case. If youre charged with virginia dui or dwi you may have seen a term thrown around called wet reckless. If you are arrested for driving under the influence dui in california, your criminal defense attorney may be able to negotiate a disposition where the dui charge is reduced to a wet reckless. Reckless driving and dui charges wet reckless in virginia, its possible for a driver whos charged with driving under the influence dui to plea bargain for a lesser charge. The wet reckless charge was devised to provide an incentive for dui defendants to enter into a plea bargain, in fact a wet reckless is not something you can actually be arrested for. Wet reckless is a slang term thats used to describe an outcome for a dui or dwi charge in virginia. Typically this happens at the scene of an accident where the driver has a bac that is over. I got pulled over at 19 in california with a bac of.
The wet in wet reckless implies that you were involved in an alcohol or drugrelated driving offense. California has a tenyear look back period for alcohol and or drugrelated driving offenses. The result of pleading wet and reckless is a lesser fine, no jail time, and no record of a drunk driving conviction. Im wondering if when it comes to a wet reckless conviction in the state of california, if us federal immigration law considers that. This happens most where a defendant is charged with a dui, but in the final disposition either by plea agreement or after a trial, the judge finds the defendant guilty of reckless driving and. A wet affects you in much the same way a dui would. If the conviction is successfully reduced to a wet reckless, the offender may be required to attend a 6week class, or may avoid the classes altogether. So, a wet reckless plea deal typically means lower fines and less potential jail time than would result from being convicted of a dui. Feb 17, 2011 wet reckless vs dui how do schools view a wet reckless charge vs a dui. Wet reckless plea bargain wet reckless dui san diego dui. The pros and cons of a wet reckless plea in a dui case.
Sep 21, 2015 that could involve pleading to a wet reckless. Wet reckless simply means a driver is charged with reckless driving instead of dui. Jul, 2015 the difference between dui and wet and reckless when it comes to your rn license. The driver pleads to reckless driving with alcohol involved hence the wet reference. The benefits of pleading to a wet reckless are simple. The penalties for a reckless driving violation are less severe than those for driving under the influence. In virginia, wet reckless is basically a much lighter sentencing of dui. In a wet reckless you plead guilty to reckless driving with alcohol involved. If so, contact an accomplished dui lawyer to fight for you in court and try to reduce your offense. What are the benefits of getting a dui charge reduced to a wet reckless. Generally, reckless driving carries less severe penalties than a dui charge. Dui reduced to reckless driving the wilson law firm. Mar 30, 2018 a wet reckless may have the penalties of reckless driving, but it is actually seen as a dui. Differences between wet reckless and dui select insurance group.
When a dui is pleabargained down to a reckless driving charge, its sometimes called a wet reckless. Dry reckless plea bargains in california dui cases shouse law. Virginia dui 70% success rate reducing a dui to reckless. California has a tenyear look back period for alcohol andor drugrelated driving offenses. West virginia has very strict penalties for dui, especially for repeat offenders. Like hitandrun, driving while intoxicated, and driving on a suspended license, reckless driving in virginia is treated not as a traffic infraction but as a criminal offense. In this article, well go over what you need to know about reckless.
Wet reckless refers to a plea deal where a dwi is reduced to reckless driving charge. So, while a wet reckless conviction is about the same as a dui for every average joe out there, it isnt the same for you as a nurse. There is, however, a significant difference between a dui conviction and a wet reckless conviction. Reckless driving law overview in virginia virginia traffic. In west virginia, only duis and license revocations within the last ten years will be considered for license revocation and sentence enhancement. A wet reckless plea can also have advantages with regard to licenserelated consequences. Apr 25, 2018 if you were given a ticket for reckless driving in the state of virginia, youre probably wondering about reckless driving law. A explains that in california law, a wet reckless can have less probation, less jail, less dui school and no. It is important to know that there are two different types of reckless driving charges related to a dui prosecution. Reducing your dui to a wet reckless featured news story. The term, wet reckless, is used to describe a reduced plea arrangement made by a driver arrested for driving while intoxicated.
A dry reckless isnt priorable like a wet reckless, so it wont increase your penalties if you are arrested for dui again in the future. Virginia wet reckless for dui charges if you have a virginia dui dwi, you may be wondering if you can get it reduced to wet reckless. However, motorists convicted of a reckless driving offense that involved drugs or alcoholin addition to the normal reckless driving penaltiesmust complete a dui substance abuse. Differences between wet reckless and dui differences between wet reckless and dui driving under the influence dui is a serious charge. Wet reckless is the term used by virginia traffic defense attorneys when a defendant is found guilty of reckless driving where alcohol is involved. If you are charged with a dui, in some cases your lawyer may be able to have the dui charge reduced to a reckless driving charge. Is a wet reckless considered a dui under federal law. What is the difference between dui and wet reckless. Virginia wet reckless for dui charges andrew flusche. When a dui is plea bargained down to a reckless driving charge, its sometimes called a wet reckless. In particular, it may depend on whether the defendant already has a dui or wet reckless on his or her record. In some circumstances the charge can be reduced to wet reckless. The wilson law firm, which concentrates its practice on virginia dui and dui related charges, has the experience, knowledge, and skills to help bring about such a reduced charge where possible.
May 16, 2016 wet reckless driving is a plea bargain for a dwi dui defense where the defendant pleads guilty to a drinking and driving charge. Its always best to speak with an experienced, local attorney, like reckless driving attorney david a. If you or a loved one is facing dui charges, the dui lawyers at the martin law firm, p. This is generally a good thing, and a huge victory for your casethe penalties are substantially less. In this article, our california dui lawyers will answer the following frequently asked questions about vc 23103 dry reckless plea bargains. If you were arrested for a dui, look to see if your state recognizes wet reckless charges as a reduced sentence. However, there are many options to reduce or eliminate certain penalties. Does federal immigration law considers a wet reckless as. Difference between dui and wet reckless in california.
Reckless driving in virginia koehler law criminal and dui. Jul 25, 2016 maybe you only failed one field sobriety test or your blood alcohol concentration was 0. Tillotson has a 70% success rate of reducing dui cases to non dui dispositions such as reckless driving. Feb 25, 2014 wet reckless is the term used by virginia traffic defense attorneys when a defendant is found guilty of reckless driving where alcohol is involved. Both will result in a point on your dmv record, both require a fine, both require dui classes, and both are a misdemeanor criminal conviction requiring. The difference between dui and wet and reckless when it. What is the difference between a wet reckless and a dui. It can only be done with people who have never gotten a dui before their particular case and the dui lawyer will try to plead guilty for lesser charges on the persons behalf. If a driver takes a plea of a wet reckless and they get another dui within 10 years, the wet reckless will still count as a prior dui offense and the new dui will count as a second dui for penalty purposes. While a first dui may appear on your driving record in the form of a misdemeanor, a wet reckless appears as a prior.
Due to public policy considerations, prosecutors might be apprehensive about reducing a dui charge to a wet. Its going to depend upon a lot of different factors. Mar 26, 20 on the face of it, a wet and reckless is not a good offer. While this is still a serious charge, the penalties are lower. The penalties arent as severe as in a dui in virginia.