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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

Carlsbad “Wet Reckless” counts like a DUI prior in Vista Courts

A “Wet Reckless” conviction counts like a DUI prior for future offenses throughout California, not just Vista Courts.  A reckless driving with alcohol in your sytem is commonly referred to as a “wet Reckless” and is often used as a stipulated lesser offense in negotiating driving under the influence cases.  The defendant gets a lesser charge that has only 3 years probation instead of the usual 5 years in a DUI case, the minimum fine is usually about $ 1200 versus $ 2100, and the same drinking driver program is required if the driver was .08 or more.  The District Attorney gets a priorable offense which will cause a future DUI to be considered a second for all purposes.

The offense carries 2 points like a DUI on your driving record, but can be a valuable reduction in reducing the negative effect of a DUI conviction for employment, licensing, and insurance.   In order to get any lesser charge, there has to be something about your case which makes the D.A. feel the evidence is weaker like a witness problem, stop problem, testing issue or low blood acohol level.  

By far, the most common reason to get a wet reckless is the low blood alcohol levels.  Most jurisdictions will consider a wet reckless at .09 or below and some even a little higher depending on the totality of the case provided the totality of the offense justifies a reduction.  There are five areas that are considered in plea bargaining these cases, attitude with the officer, dangerousness of the driving, field sobriety tests, prior record and most importantly the blood alcohol level.   Sometimes there may be additonal considerations including sevserity of the consequence of conviction, like a Pilot loosing their job or career military person not able to re-enlist.

It is important you have an experienced DUI attorney like Nicholas and William Christoph who have over 30 years experience and have handled over 3000 DUI cases and know how to get the best result in your case.  For a free consultation and evaluation, call Christoph Law offices at 760-941-5720.

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