QUESTION
What exactly is a wet and reckless driving charge?
Asked on Dec 03rd, 2011 on DUI/DWI - California
23 ANSWERS
Michael J. Breczinski
Never heard of such a thing.
Answered on Dec 12th, 2011 at 9:53 AM
Jacob P. Sartz
Essentially, it's a reduced plea-bargain offer for people charged with certain OUI offenses. Basically, it's a person who committed the act of "reckless" driving while under the influence of some alcohol; hence, the term "wet." This type of plea-deal is occasionally offered in OUI cases, usually when a person has a blood-alcohol level in the "impaired" range, or below the "legal limit." Policies and plea-bargain offers vary significantly depending on the prosecuting attorney, county, city, court, strength of the case, etc.
Answered on Dec 09th, 2011 at 4:34 PM
Geoffrey MacLaren Yaryan
It is a charge generally reduced for a DUI. It means an alcohol related reckless driving and has lesser penalties than a DUI.
Answered on Dec 07th, 2011 at 9:45 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Drunk driving.
Answered on Dec 07th, 2011 at 2:22 PM
Daniel Kieth Martin
A wet reckless is an unusual charge that cannot be charged by the police. This charge is designed for situations where the prosecutor may have evidence problems or the blood alcohol results are close to the legal limit. The best thing about settling a case for a wet reckless is the reduced fines and the shorter DUI class. It is important to remember that a wet reckless can be used to enhance the punishment for future drunk driving charges.
Answered on Dec 07th, 2011 at 1:13 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Some states have what they call a "wet reckless driving" which is a reckless driving charge that involves alcohol. It is used as a plea bargain in DUI cases. Michigan, however, does not have wet reckless driving and instead just has reckless driving. It involves the same amount of license points as a DUI. Usually first offense DUIs are pled down to an impaired driving which is less points and an automatic restricted license as opposed to a suspended license.
Answered on Dec 06th, 2011 at 6:36 PM
Steven D. Dunnings
I do not know about wet but reckless is a misdemeanor charge.
Answered on Dec 06th, 2011 at 4:06 PM
In Georgia reckless driving is driving in reckless disregard of the persons or property of another.
Answered on Dec 06th, 2011 at 3:57 PM
It is reckless driving that is alchohol related. It counts as a DUI if you do it a second time within 10 years. Otherwise it is much better than a DUI, with no IID requirement, no alcohol class requirement, no license suspension imposed by the court, usually less fines and probation, less insurance increase, and just plain looks better to have on your record than a DUI.
Answered on Dec 06th, 2011 at 3:37 PM
VC 23103 reckless driving is driving a car in disregard for the safety of persons. A wet reckless is reckless driving when alcohol is involved. The wet reckless is only there to get a defendant to plead to a case that is close to the legal limit (.08 or lower). It is a fiction to move DUI cases along. In California a person charged with a DUI violation may plead it down to a wet reckless. As part of this plea the prosecutor states for the record a factual basis, including facts disclosing whether or not alcohol or drugs were consumed. The court advises the defendant of the drunk driving sentence enhancement consequences of the conviction wet reckless. The benefits of a wet reckless over a DUI are shorter probation, lesser potential jail time, lesser fine, shorter alcohol program. However, the wet reckless is treated as a prior for any DUI, most insurance companies see a wet reckless as a DUI, DMV still impose a license suspension.
Answered on Dec 06th, 2011 at 2:43 PM
A wet and reckless driving charge is an alcohol related reckless driving charge. Often times it carries almost the same fines and penalties as a DUI or DWI. It is important that you speak with a competent attorney soon.
Answered on Dec 06th, 2011 at 12:34 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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A wet & reckless violation is covered under Vehicle Code section 23103.5. It was created to help resolve DUI cases, or charges of violations of VC 23152. It is basically reckless driving which is alcohol related. Often there really isn't any actual reckless driving involved in the case, however because of the advantages involved, (such as lower fines, shorter DMV classes) a plea to 23103.5 is better than a plea to a 23152.
Answered on Dec 06th, 2011 at 12:30 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Reckless driving is obvious. I don't know what "wet" is.
Answered on Dec 06th, 2011 at 12:15 PM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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It's not "wet and reckless" it is a "wet reckless". And it is a charge of reckless driving involving alcohol consumption. It is a lesser offense than a DUI, and does not require license suspension (if over 21).
Answered on Dec 06th, 2011 at 11:35 AM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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It is the crime of driving recklessly (breaking some traffic law) while you had alcohol in your system. It is sometimes offered as part of a plea deal when the DA expects that he/she will have a difficult time proving that the defendant was actually over the legal limit of 0.08 at the time of driving. It carries significantly lower penalties than a DUI. In most cases, a prior "W&R" is treated as a prior DUI if the defendant is later arrested on a subsequent DUI.
Answered on Dec 06th, 2011 at 11:33 AM
Criminal Attorney serving Santa Barbara, CA
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Law Office of Kenneth M. Hallum
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The long and short is it is a reduced DUI. However, it can still be used against you as a prior offense for the next 10 years. It does offer the opportunity to take a 12 hour alcohol class compared to a 3 month class (Caveat: if your license was suspended as a result of the stop-known as an APS hearing-suspension) DMV will require the 3 month class, and not accept the 12 hour. There are alternatives to the plea, and special plea bargains that a local DUI attorney would be beneficial to consult with. Lastly, the fine is generally of the fine for DUI.
Answered on Dec 06th, 2011 at 11:33 AM
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It's only in certain States and rare in Texas. It's a hybrid DWI. Lower than a regular DWI, but not in Texas.
Answered on Dec 06th, 2011 at 11:31 AM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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It is a reduction from a DUI charge. Usually it is used to settle a case that the D.A. thinks is close and he might lose. There are certain advantages to it like a lower fine, less Community service work and a shorter counseling program. The disadvantage is that it counts as a DUI if you get arrested again within 10 years.
Answered on Dec 06th, 2011 at 11:29 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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A "wet reckless" is a reduced charge the prosecution can offer in a DUI case during plea negotiations. It's not a charge you can be charged with, but it's a compromise charge that can be reached. It's under Vehicle Code section 23103 and 23103.5. It carries the same priorability as a DUI - it will count as a prior DUI for 10 years. The benefit is that it does not carry the same license suspension as a DUI conviction, there is no alcohol class requirement and it has lower fines. It is still a misdemeanor and can carry probation and other consequences, but is definitely better than a DUI conviction.
Answered on Dec 06th, 2011 at 11:21 AM
Criminal Defense Attorney serving Millburn, NJ
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The Gorman Law Firm
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A "Wet Reckless" is a fictional term to describe a Reckless Driving charge that generally carries some agreed upon penalties above and beyond the standard Reckless Driving charge, which is usually punishable by only a fine and five motor vehicle points. The "Wet Reckless" tends to come about when another summons or summonses are dismissed as part of an agreement between the prosecutor and the defendant. In exchange, a defendant may accept a period of license suspension.
Answered on Dec 06th, 2011 at 11:10 AM
Estate Planning Attorney serving Clinton Township, MI
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Charles Regan Shaw, PLC
No such thing, you are ticketed for a reckless driving offense, you should hire an attorney to protect your driving record.
Answered on Dec 06th, 2011 at 10:52 AM
Criminal Defense Attorney serving Denver, CO
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The Law Offices of Jaime Cowan, P.C.
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It is a reckless driving conviction in which you will still have to do the alcohol classes but no alcohol conviction and no DMV consequences.
Answered on Dec 06th, 2011 at 10:51 AM
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It's a DUI without the actual DUI conviction, i.e., it's a reckless driving conviction (2 DMV points) involving alcohol. Insurance companies treat them the same as far as rate increases go, but the other penalties are lower. It operates as a "1st" DUI if you get another DUI within a certain time period goes, so it's not that great of a 'deal". A dry reckless is a great deal.
Answered on Dec 06th, 2011 at 10:50 AM