California Vehicle Code §23013 makes it unlawful for a person to drive a vehicle on the highway with wanton or willful disregard for the safety of persons or property.sWhen a person who has been charged under this statute has been drinking or under the influence of drugs, it is referred to as a wet reckless.
A wet reckless charge is important for several reasons. It is a charge that a knowledgeable Criminal Defense attorney will negotiate to have a DUI reduced to. A wet reckless carries with it several advantages over a DUI. The goal of any experienced attorney should be to first and foremost have the DUI dismissed, and if the facts make it impossible to do so, it is best to aim to have the charge reduced.
It is very rare that the Prosecutor will offer a wet reckless as an offer at the arraignment. A reckless driving charge is one that must be heavily negotiated and bargained for, and is rarely granted. Regardless, with the right argument and defense, a DUI offense has the chance of being reduced to a wet reckless.
A wet reckless is still a misdemeanor, much like the DUI, and will remain on your arrest and criminal record. Nevertheless, a reckless charge has many other benefits that make it preferred over a DUI charge.
For one thing, there is no stigma of having a DUI on one’s record. Many people believe that a DUI carries with it a negative connotation and that it will reflect negatively upon the person’s moral character. DUIs are very common and have become a common charge. The stereotype they once carried is slowly being diminished.
Additionally, a wet reckless does not have a mandatory licenses suspension.sThe potential consequences of a DUI include a 30 day mandatory license suspension and then considers additional suspension or revocation. If a person has been charged with a wet reckless it does not mean that they will automatically have their license suspended.
Furthermore, the fines carried with a wet reckless are less than that of a DUI. When a person has been convicted with a DUI, they may face jail time, probation, fines, and alcohol rehabilitation and education classes.
A person who has been convicted of a wet reckless could face anywhere between 5 to 90 days in county jail, or a fine within $145 to $1,000 or both. The probationary period is also less. It is advantageous to have a lower probationary period, because once probation is terminated, a person can have their charge expunged. If the charge is successfully expunged, the criminal record regarding that charge will be sealed and cannot be searched through public records.
When you have been charged with a DUI, it is in your best interest to hire a professional who will present the best possible argument and defense on your behalf thatswill help reduce your charge to that of a wet reckless.