Wet Reckless Law Firm In San Diego
Unlike DUI, you cannot be arrested or charged with a Wet Reckless in California. It is a misdemeanor offense and is a lesser-included offense of DUI. You can only be convicted of a Wet Reckless as a plea-bargained agreement with the prosecutor. California Vehicle Code section 23103(a) per 23103.5 states:
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 does this actually mean?
You cannot be arrested for a Wet Reckless. A prosecutor must offer you a Wet Reckless as a result of a plea bargain. A prosecutor may offer a Wet Reckless only in certain circumstances, such as a BAC at or near .08%, problems of proof in the case, etc. As a result, you should hire a Firm that Specializes in DUI Defense to ensure your case is not only handled appropriately, but also to ensure it is presented to the prosecutor in a compelling manner.
Advantages of a Wet Reckless
It is important to have a DUI Specialist Firm evaluate the circumstances of your case to determine whether a Wet Reckless is a good offer. But, there are many benefits of a Wet Reckless compared to a DUI conviction. For example, some of the benefits include:
- Lower Fines
I was not drunk. Can I be charged with DUI for smoking marijuana or taking prescription medications?If you were arrested for DUI but didn’t have alcohol in your system, you can still be charged with DUI. There are a number different charges associated with misdemeanor and felony DUI. You can be charged with an (f) count if you consumed any intoxicating drugs, regardless of whether they are illegal or prescription. But, if you were under the influence of both alcohol and drugs, then you can be charged with an (e) count for driving under the influence of drugs and alcohol.
Aren’t the police supposed to read me my Miranda rights?It seems like common sense that an officer must read you your Miranda rights. Although this is true in a situation where you are being interrogated, for purposes of DUI, you don’t have that same right. Many times an officer will ask you questions prior to administering field sobriety tests and placing you under arrest. These questions have been classified as “pre-investigatory” questions and are not subject to Miranda. Therefore, it is important you speak with an experience DUI Defense Firm to know whether or not the failure to read you your rights will affect your case.
I was involved in an accident and someone was injured. Will I be charged with a Felony?Maybe. You can be charged with Felony DUI whenever anyone other than yourself is injured. Even if the injuries were to a friend and their injuries are minor, you can still be charged with a felony. Penalties for a Felony DUI can be severe because your can face time in prison.