Unlike a drunk driving convictionwhich can cause your insurance rates to skyrocketa dry reckless. However, a notation must be entered in the official court record that there is an alcohol enhancement with the reckless driving conviction. Dui programs california department of health care services. This charge is serious, because it threatens peoples lives. It is still the same amount of points on your driving record. A wet reckless is still a misdemeanor criminal conviction. If you are arrested for a dui and have a good defense or the prosecution believes there is some weakness to the dui charge, the prosecution may offer a plea bargain for a wet reckless. The existence of this plea on a drivers record can be meaningful to your own car accident case and settlement. Dui convictions drunk driving are one of the most common criminal offenses in california. California has a tenyear look back period for alcohol andor drugrelated driving offenses. Sometimes, a dui can be reduced to a wet reckless driving charge, or a charge of reckless driving involving alcohol pursuant to. Wet reckless or reckless driving involving alcohol. In united states law, reckless driving is a major moving traffic violation that generally consists in.
Wet reckless sure beats a san diego dui on your record. A wet reckless is not something you can get arrested for. The penalties for a reckless driving violation are generally less severe than those for a dui conviction. Many states allow judges to suspend a motorists license for reckless driving. I can get it expunge but i am worried if i would be able to drive for uber after the exxpungement coz the expungement will clear it from my background but not the driving record. 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.
A person convicted of reckless driving with a measurable amount of alcohol in their blood must complete a twelvehour dui education program. Mar 25, 2009 first, the term is wet reckless, which refers to a reckless driving conviction which results from a reduction of a dui charge in california. Your record will only show that you were convicted of a normal traffic. New dui reportability requirements california department of.
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. In most cases, a wet reckless will not result in an automatic suspension of your drivers license, but this is contingent upon your prior driving history, as well as, the number on points on your colorado motor vehicle record. You do not have to be drunk to be charged with reckless driving. This means that employers and insurers should not be able to find a wet reckless. In california, how long does a wet reckless violation stay on my driving record.
It is the first of several reductions which a person suspected to be driving. 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. A wet reckless, sometimes wrongly called a wet and reckless, or even misspelled as a wet wreckless, is a special charge. Wet reckless driving is just another way to describe the legal charge of reckless driving. A wet reckless involves alcohol or drugs a dry reckless does not. California wet reckless and dui expungement summary. Driving under the influence is a serious charge filed against motorists that are above the legal limit of intoxication, while wet and reckless is a charge used in plea deals for motorists involved in dui cases.
Punishment for reckless and wet reckless driving in. A wet reckless is the more common term used for a reckless driving charge that involves alcohol, hence the use of the word wet. Fortunately in california there is relief available if you have every been convicted of a wet reckless or dui. A wet reckless implies that alcohol was involved during your reckless driving. Reckless driving refers to driving in a way that potentially endangers othersfor example, speeding and running up onto the sidewalk, or swerving out into oncoming traffic. An added benefit of a wet reckless is that it will appear on your public driving record for only 7 years. A charge of wet reckless typically carries fewer obligations, punishments, and costs than a traditional duidwi. Initially, you may be arrested for a dui, and the california department of prosecution. Wet reckless dui, traffic ticket attorneys in california. Some stateslike california have laws that specifically provide for a wet reckless. What is the difference between dui and wet reckless. A wet reckless is youre driving recklessly on the road and you had alcohol in your system.
Ca expunging wet and reckless from driving record before we met, my so of several years was arrested for dui, and eventually charged with a wet and reckless funny name, harsh deterrent. It counts as a prior dui conviction if you are arrested for dui within the next ten years and. 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. In california, how long does a wet reckless violation stay. Consequences of california s wet reckless plea bargain. Driver record request california department of motor. While drinking and driving is undeniably stupid, she was not above the legal limit when pulled over 0. How california defines the wet reckless driving charge a law enforcement officer cannot arrest you for wet reckless. Difference between dui and wet reckless in california. Wet reckless charges have benefits and drawbacks, depending on the facts, evidence, and circumstances surrounding your case. Although a wet reckless driving charge is the most common type of plea bargain. That means after three years, you can get the wet reckless driving charge expunged.
Reckless driving may sound minor, but the consequences can be much more serious than the consequences of an infraction such as a speeding ticket. A wet reckless is really a kinder, gentler or watered down dui. The advantages of a wet reckless plea are that the fines are lower and there is usually no jail time. You dont want that conviction on your record, but its certainly much better than an alcoholrelated dui. The term, wet reckless, is used to describe a reduced plea arrangement made by a driver arrested for driving while intoxicated. When a dui is reduced to a reckless driving charge, its sometimes called a wet reckless. In addition, the fines associated with wet reckless.
The benefits of pleading to a reckless driving charge are simple. Wet reckless plea bargain in a california dui case. California how i plead down to a wet reckless i hope this can help someone with a. 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.
California reckless driving laws vehicle code 23103. Wet reckless is a plea bargain that can be offered to dui suspects after a drunk driving arrest. If you want an official document, please fill out form inf 1125 pdf. Results 1 to 2 of 2 wet and reckless driving record in california. Know the pros and cons of a wet reckless plea if you are being charged with dui in california. With a wet reckless, you plead guilty to vc 23103 reckless driving, just as you would with a california dry reckless. Driver record request california department of motor vehicles. If the prosecutor feels the dui case against you has some weaknesses then he or she might offer a plea bargain called a wet reckless. With a wet reckless, you will be placed only three years informal summary probation instead of five years. The difference between the two is not that significant.
Points commonly range in value from 1 to about 6, with reckless driving. Reckless driving involving alcohol under vehicle code 2310323103. Is reckless driving a felony or misdemeanor in california. But for those convicted of a wet reckless as opposed to a dry reckless. California in november of 2005 i pleaded no contest to a wet reckless charge. While a prosecutor may not charge you initially with a wet reckless offense. Violation of dui or wet reckless provisions of the california vehicle code 23152, 23153 or 23103. Similar to california, kansas defines reckless driving as willful. Wet reckless charge colorado dui lawyer tiftickjian law firm. The lawyer reduced it to a wet reckless driving, which by ca law is a recklass driving with alcohol driving. The primary benefits of pleading guilty to a reduced charge include possibly not having to go to jail and not having a lengthy license suspension put in place.
How a wet reckless instead of a dui could help you save. You can read about the differences between a dui and wet reckless here. Wet reckless plea bargain in a california dui case hedding. Initially, you may be arrested for a dui, and the california department of prosecution will institute charges against you. How to expunge a dui and wet reckless please note that for our purposes in this discussion a dui and wet reckless are the same thing. A legal withdrawal of plea, an entry of not guilty, and a court dismissal of a wet reckless driving. However wet reckless convictions will add two points to the defendants driving record. I attended courtordered aaa meetings and consultations. In particular, it may depend on whether the defendant already has a dui or wet reckless on his or her record. Unlike a drunk driving convictionwhich can cause your insurance rates to skyrocketa dry reckless charge will also have little impact on your. Your criminal record will include a reckless driving conviction, which is not considered an alcoholrelated offense. I dont think what i blew on the breathilizer shows up on the dmw record. A wet reckless will depend upon the system and court youre in. 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.
Here at off the record, we may be able to help too. So, these states have two types of reckless driving. You should request from the california department of justice a copy of your criminal record. But for those convicted of a wet recklessas opposed to a dry recklessthere are a few additional consequences. A wet reckless is a common plea agreement in california drunk driving cases. One of those lesser charges is wet reckless reckless driving involving alcohol.
Dry reckless plea bargain in a california dui case hedding law. If this is your first visit please consider registering so that you can post. Apr 28, 2014 there is no official charge named wet reckless driving and it is not reflected on your record as a wet reckless driving. By the way, a wet reckless conviction and dui conviction can often be expunged see penal code 1203. Ca expunging wet and reckless from driving record reddit.
If you were arrested for driving under the influence of alcohol or drugs, the prosecution may try to convince you to plead guilty in exchange for a less severe criminal allegation. However, your record of conviction will also contain a notation that alcohol and or drugs were involved in your. Whats more, though the charge will add points to your driving record, you wont lose your driving privileges or have to serve time in jail if you are convicted of a dry reckless offense. Like any criminal conviction, it will stay on your criminal record for life, and can be used as a prior conviction to increase punishment in a later dui case for 10 years. The pros and cons of a wet reckless plea in a dui case. How long does a wet and reckless stay on your driving record. Sometimes, a dui can be reduced to a wet reckless driving charge, or a charge of reckless driving. A wet reckless plea can also have advantages with regard to licenserelated consequences.
Though a wet reckless is considered to be a better charge than a dui, there are many aspects to consider before the driver agrees to plead guilty to a wet reckless driving offense. The following offenses can result in 2 points being placed on your driving record in california. Insurance companies will treat your wet reckless identical to how they would treat a dui, and. This means that employers and insurers should not be able to find a wet reckless conviction older than 7 years. This is one of the big requests a lot of clients have they want a wet reckless instead of a firsttime dui. A reckless driving charge can also come along with other serious criminal charges relating to the same incident, including driving under the influence, a hit and run or street racing. I received a wet and reckless charge, how can i get the. In such cases, the court disposing of the case shall note in the courts record that the offense. How long does reckless driving stay on your record. Under vehicle code vc 23103a, any person who drives a motor vehicle upon a highway with a willful disregard for the safety of another or property is guilty of a misdemeanor reckless driving. Now that you have a general understanding of what a wet reckless is, we can discuss when and why it might be advantageous to plead to a wet reckless. You may have the conviction expunged pursuant to penal code 1203. Your criminal record will show a wet reckless conviction as opposed to a dui. Pleading guilty to a wet reckless charge in arizona.
Below are five main consequences of reckless driving under california law. Reckless driving is described under california vehicle code 23103. These are referred to as either a wet reckless driving or a dry reckless driving. In shasta county, we have one of the highest dui rates so they usually throw the book at you. How california defines the wet reckless driving charge. Addition of two points on the drivers california dmv driving record or 3. California vehicle code defines reckless driving as the following. California wet reckless driving penalty ca dui laws. The term wet reckless refers to a plea bargained charge of violating california vehicle code 23103 pursuant to 23103. Reckless driving refers to endangering others when driving. On your record, it simply reads as a conviction for reckless driving dry reckless vc 22103, with a special notation indicating drugs or alcohol were involved in the incident.
Dui reduced to wet reckless the points stay for 36 months and they can only be removed if you manage to get a hearing with the dmv and they agree to remove them. Under the new law, any dui violation under california vehicle code sections 23140, 23152, or 23153 will report for 10 years. Although a wet reckless driving charge is the most common type of plea bargain offered to dui offenders, it does not guarantee that it will be offered in your case. Dry reckless as a plea bargain in california dui cases. The dmv record distinguishes the wet reckless from the standard reckless driving by adding the letter r to the disposition code section for the vc 23103 conviction. Anyone looking at your criminal history will be able to see it. We are able to expedite our wet reckless and dui expungement service in most counties, taking the average processing time from 612 weeks down to just 1830 days for those that need to clean up their criminal record. Online records are informational because they are not printed on dmv paper and cannot be used for most driving jobs.
You must create an online account to buy your record. Reckless driving is often called dry reckless because you dont have to be drunk or under the influence of a substance to be convicted of reckless driving. Such a code section, incidentally, is not one for which you can be arrested. Dui or alcoholrelated wetreckless driving convictions. This may cause drivers to lose their good driver discount and may cause insurance rates to go up. In 2001 i was arrested and pleaded to a wet reckless charge. Judicial council of california criminal jury instructions 2017 edition. The driver pleads to reckless driving with alcohol involved hence the wet reference.
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