Reduced DUI Charges – Wet Reckless (VC23103/VC23103.5)
A wet reckless is reckless driving involving alcohol or drugs. In El Dorado County DUI cases where there is a low alcohol level usually below 0.10 or drugs like marijuana or prescription medications, we can negotiate for a wet reckless disposition. It’s a better resolution then a DUI because it comes with no license suspension, no IID, and usually no jail time. A wet reckless is a good resolution for commercial/employed drivers, professional licensees, and anyone that needs a valid driver’s license for work. The negative thing about a wet reckless is that it is prior able against you by the DMV or Court if you ever get another DUI within the next 10 years.
Reduced DUI Charges – Reckless Driving (VC23103)
A dry reckless is reckless driving not involving alcohol or drugs. It’s a better resolution then a DUI or Wet Reckless because it is not prior able against you by the DMV or Court. There is no license suspension associated with it.
Reckless Driving FInes and Fees
You can expect to pay approximately $1000 or more if you are convicted of a wet reckless which is usually half of a std DUI’s fines and fees. Most courts will allow you to make payments. If you fail to make payments, you will be referred to collections. If you are referred to collections, your license will be suspended for failing to make payments and you will not be able to get your license reinstated until you pay off the amount you owe. You may also have your probation violated for not making payments. In some jurisdictions, you may be able to convert you your fines/fees to alternative sentencing which can save you a lot of money.
Wet Reckless Probation
Wet reckless probation can be up to 3 years, is usually informal probation, and the terms usually include: no driving with any alcohol in your system, no refusal of chemical tests, submit to search and seizure for blood/breath, enrolling and completing the 6 week wet reckless class, paying fines/fees, paying restitution, obeying all laws, don’t drive unless properly licensed and insured, completing any sentence, and showing up for all court ordered appearances.
Violating wet reckless Probation
You will be in violation of probation if you fail to comply with the court ordered probation terms including failing to enroll/complete a 6-week wet reckless class, complete AA or community service requirements, appear in court when ordered, or completing your jail sentence. If probation is violated, the judge will issue a bench warrant which will be sent to law enforcement. You will then be arrested and brought back to court to answer for the violation of probation.
Wet Reckless Violation of Probation Punishment
Violating wet reckless probation results in additional punishment and probation terms. This could include actual jail time instead of alternative sentencing, a longer sentence for the VOP that is added to your original wet reckless sentence, and adding additional terms like treatment or community service.
Wet Reckless Expungement
Even if you are convicted of a wet reckless, you can still get your case expunged. An expungement allows you to lawfully answer that you have never been convicted of a crime. To be eligible, you must have successfully completed probation, paid all your fines and fees, and completed the terms of your probation. We can help you with your expungement when you become eligible so that your criminal record and history are as clean as possible.
You don’t have to plead guilty, contact our office today for a free same day consultation
Because you have so much to lose, you need the most experienced and aggressive DUI Defense attorneys on your side. Whether it’s defending you in trial or negotiating for dismissal, you can count on us. Our experienced and aggressive negotiating efforts usually result in better outcomes for our clients including reduced charges, lesser jail days, and smaller fines. Call our office today at (916) 939-3900 or (530) 621-1800 to speak directly to an attorney about your El Dorado County DUI case. We are open 24/7/365 to answer your questions.
CVC 23103.5 – Wet Reckless
(a) 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.
(b) The court shall advise the defendant, prior to the acceptance of the plea offered pursuant to a factual statement pursuant to subdivision (a), of the consequences of a conviction of a violation of Section 23103 as set forth in subdivision (c).
(c) If the court accepts the defendant’s plea of guilty or nolo contendere to a charge of a violation of Section 23103 and the prosecutor’s statement under subdivision (a) states that there was consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, as specified in those sections.
(d) The court shall notify the Department of Motor Vehicles of each conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622.
(e) Except as provided in paragraph (1) of subdivision (f), if the court places the defendant on probation for a conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, the court shall order the defendant to enroll in an alcohol and drug education program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code and complete, at a minimum, the educational component of that program, as a condition of probation. If compelling circumstances exist that mitigate against including the education component in the order, the court may make an affirmative finding to that effect. The court shall state the compelling circumstances and the affirmative finding on the record, and may, in these cases, exclude the educational component from the order.
(f)(1) If the court places on probation a defendant convicted of a violation of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, and that offense occurred within 10 years of a separate conviction of a violation of Section 23103, as specified in this section, or within 10 years of a conviction of a violation of Section 23152 or 23153, the court shall order the defendant to participate for nine months or longer, as ordered by the court, in a program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions.
(2) The court shall revoke the person’s probation, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in paragraph (1).
(g) The Department of Motor Vehicles shall include in its annual report to the Legislature under Section 1821 an evaluation of the effectiveness of the programs described in subdivisions (e) and (f) as to treating persons convicted of violating Section 23103.
Reckless Driving – VC23103
(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) A person who drives a vehicle in an off-street parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.