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DUI v. Wet Reckless, Dry Reckless, and Exhibition of Speed

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If you or a loved one has been charged with DUI/DWI, it is critical to review the information in this module. If you have any further questions, please contact a skilled DUI defense attorney as soon as possible.

DUI v. Wet Reckless, Dry Reckless, and Exhibition of Speed 

This module gives information to anyone charged with DUI or anyone needing information on drunk driving.
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DUI v. Wet Reckless, Dry Reckless, and Exhibition of Speed 

Plea bargaining usually results in a lower-charged offense and/or a lighter sentence in exchange for a guilty or nolo contendere plea by the defendant and will avoid further court proceedings saving time and money for all parties. The judge in the case must approve the plea bargain in order for it to be effective.

Plea bargains are also useful in sentencing. For example, in exchange for a plea, the prosecutor may be willing to adjust the amount of the fine or the time the defendant is allowed to pay the fine. If jail time cannot be avoided, then the terms of how the jail time is imposed may be plea bargained. For example, county jail v. alternative sentencing [includes electronic monitoring (house arrest) or jail time served on weekends or evenings under a work furlough program].

It is possible to minimize or avoid jail and fines by plea bargaining through participation in an alcoholic's anonymous program, monetary donation to Mother's Against Drunk Driving, or attending psychological counseling and/or alcohol rehabilitation treatment for alcohol addiction.

Commonly used plea bargained offenses for DUI's:

"Wet" Reckless refers to a plea bargained conviction of an alcohol-related reckless driving charge (VC 23103) from an original charge of VC 23152. If the prosecution and the court agree to a plea to 23103, and the prosecution states on the record that there was consumption of alcohol involved, then VC 23103 is eligible to be a prior DUI in a subsequent DUI conviction within a ten year span. Persons convicted of "Wet" Reckless shall be punished by imprisonment in a county jail for between five and 90 days and/or by a fine between $145 and $1,000. Attending an alcohol education course is not required.

Reckless Driving ("dry") is described as driving a vehicle in willful or wanton disregard for the safety of persons or property, with no alcohol connotation. Persons convicted of Reckless Driving shall be punished by imprisonment in a county jail for between five and 90 days and/or by a fine between $145 and $1,000.

An Exhibition of Speed conviction states that the motor vehicle was driven in an exhibition of speed (racing) on a highway or that the person aided or abetted in a exhibition of speed on the highway. Persons convicted of this shall be punished by imprisonment in a county jail for up to 90 days and/or by a fine up to $500.

If you or a loved one was arrested for DUI, please contact a skilled defense lawyer immediately.

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Darren Kavinoky is a Los Angeles-based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law Firm, an 11-lawyer criminal defense firm that handles criminal defense matters exclusively. Darren has provided legal commentary on Larry King Live, the Today Show, Celebrity Justice and many other TV and radio programs. He is a nationally-renowned lecturer and author who delights in sharing his experience with others. More information about Darren and The Kavinoky Law Firm can be found at http://www.nocuffs.com or www.NoCuffs.com.

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