![]() ![]() If you were arrested for a DUI, it’s best to have an attorney by your side who can negotiate with the prosecutor and try to get your charged with a wet or dry reckless. This charge will not count as a prior DUI conviction. Your record will look as if you were arrested for reckless driving and not a DUI. A dry reckless is more similar to a reckless driving conviction and it does not include alcohol in the situation. If you’re charged with a DUI again within 10 years, your wet reckless will count as your first DUI conviction.Ī dry reckless is an even lower charge from a DUI. While this charge ultimately minimizes the consequences of driving while intoxicated, it still counts as a prior on your record. Instead of the severe consequences of a DUI, a wet reckless may include lower fines, a shorter time in jail or on probation. If you were originally charged with a DUI but the evidence against you wasn’t solid, your attorney may be able to negotiate the charge down to a wet reckless. Many people have heard of the charge of a “wet reckless,” which is actually a lower plea from a DUI. In this case, your attorney would need to show that you didn’t create the emergency and that the situation was a threat to you or another person. Your attorney may also argue you were driving recklessly out of necessity, for instance, if there was an emergency. They may be able to show that you did not know you were creating a risk to others. Your traffic defense attorney can argue that your behavior did not display a willful and wanton disregard for others safety. They don’t have to prove you intended to cause harm, only that you knew you were creating the risk of harm. ![]() In order to be convicted of this offense, the prosecutor has to prove that you knew your actions behind the wheel created a serious and unjustifiable risk to others and that you ignored that risk. This can also happen if you accumulate 6 points in 24 months or 8 points in 36 months. If you accumulate 4 or more points with a 12 month period, you’re labelled a negligent operator by the state and your license may be revoked or suspended. Reckless driving also adds points to your license, which stay on your record for years in California. Even if they’re merely scraped and bruised a bit, that’s enough for you to be sentenced to months in jail. The other person doesn’t have to be badly hurt. If your reckless driving hurt someone other than yourself, the penalty increases to up to 6 months in jail. If you’re convicted, you face 90 days in jail and a fine up to $1,000. In many situations, reckless driving will be prosecuted as a misdemeanor. A conviction for this offense can come with serious consequences, particularly if anyone was hurt. Because of the harm that often comes from reckless driving, it’s taken incredibly seriously in California. This offense is also unfortunately connected to individuals being hurt, including the driver, passengers, other people in cars and even pedestrians.
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