Hi Mr. Glew,
Last month I got a DUI and my friends are saying I should fight it and ask for something called a “wet reckless.”
What's the difference between a wet reckless and a DUI and how do I get one?
]
If convicted of a DUI, pursuant to Vehicle Code section 23152(a) or
23152(b), a defendant faces, for a first offense, the possibility of up
to six months in jail, a fine of up to $1000, loss of driving privileges
for at least 90 days, an alcohol class at least 24 hours in length, and
a host of other terms and conditions including three to five years
informal probation.
A “wet reckless,” pursuant to Vehicle Code section
233103, per Vehicle Code section 23103.5, by comparison, carries a
maximum jail sentence of three months, a fine approximately half that of
a DUI, a 12-hour alcohol class, no driver's license restriction through
the court, the possibility of a shorter period of informal probation,
and a wet reckless conviction carries no mandatory sentencing
enhancements if you pick up a subsequent DUI.
Also, a wet reckless may
help you maintain any jobs and/or professional licenses that forbid a
DUI conviction. It should be noted that a wet reckless will still be
used as a prior offense for up to 10 years, the same as a DUI, if you
are convicted of another alcohol related driving offense in the future,
and insurance companies treat a wet reckless conviction the same as a
DUI conviction.
As to the second part of your question, the best way to
ask for a wet reckless is through counsel; preferably an experienced
DUI attorney.
Send all questions to
gl********@ya***.com
. And remember, Better Call Glew!
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Award-winning investigative journalist Nick Schou is Editor of OC Weekly. He is the author of Kill the Messenger: How the CIA’s Crack Cocaine Controversy Destroyed Journalist Gary Webb (Nation Books 2006), which provided the basis for the 2014 Focus Features release starring Jeremy Renner and the L.A. Times-bestseller Orange Sunshine: The Brotherhood of Eternal Love’s Quest to bring Peace, Love and Acid to the World, (Thomas Dunne 2009). He is also the author of The Weed Runners (2013) and Spooked: How the CIA Manipulates the Media and Hoodwinks Hollywood (2016).