It is a very stressful experience to be arrested, bailed and even jailed for a DUI in Northern California.
For many of our defendant clients, the idea of being offered a DUI plea bargain to a reduced charge like a ‘wet reckless is a god-send—But is it really? It might be a greatly preferable alternative to the stress and strain of full blown jury criminal jury trial for DUI, but what about its ultimate effect?
What exactly are you getting with a DUI Plea Bargain stemming from DUI related charges? How do you know that you are getting the best bargain or deal possible?
Many times a “wet reckless” is the first offer many assistant district attorneys will offer to a DUI defendant who is interested in negotiating a plea reduction. A wet reckless is basically a Vehicle Code 23103 VC misdemeanor reckless driving conviction–except with a notation on the record that alcohol and/or drugs were involved in the arrest that led to the conviction.
One major advantage of a “wet reckless” is it does not mean an automatic driver’s license suspension so many defendants would rather take a wet reckless deal or plea bargain over that of a Standard First, DUI. But the clincher for many defendants is that a wet reckless avoids the stigma of a DUI.
However, many criminal defense attorneys fail to tell their client defendants the whole story about a wet reckless plea bargain.
First, it is “priorable,” just like a DUI conviction. This means that if you are arrested for a DUI again at any time in a ten year period, you will be punished as a repeat offender and face more severe penalties, fines, and jail.
Second, insurance carriers treat wet reckless convictions very similarly to DUI convictions. This means you have a good chance of having your premium increased–or your policy cancelled–the next time your car insurance comes up for renewal. But even if you do we have several alternatives which will save you thousands of dollars over the next few years.
Our law firm works closely with two private companies that you can choose from who will place you into a pool of higher risk drivers with a rider of a fraction of the cost. The rider ensures you the same good comprehensive and liability car insurance that you had before. The only difference is that you will pay a lot less for it and eventually work yourself back to your old policy or an even better while you will be assisted by this company with your filing of the SR-22.
Our Firm, Fiumara & Milligan Law, PC is always looking for the best deal or plea bargain and a California “dry reckless” is even better than a “wet reckless.”
A dry reckless is just an ordinary reckless driving conviction, without a specification that alcohol or drugs were involved in the offense. A dry reckless unlike a “WET” will NOT increase your penalties for any subsequent DUI’s. Further, your car insurance company is unlikely to take it as seriously as a wet reckless so your premiums will not be as adversely affected or increased.
The DUI plea bargain deal you are eventually able to get will depend on the facts of your case, the prosecutor’s evidence, the prosecutor’s personality–and upon the negotiation skill of your DUI defense attorney.
The attorneys at Fiumara & Milligan Law, PC have over 40 years combined legal experience. The Firm was established in 1992 and has been highly acclaimed and rated by independent sources including the National Trial Lawyers, the American Institute of DUI/ DWI Attorneys, YELP, AVVO among others.
WE accept that our clients’ preferences play a vital role in what they will ultimately want to accept as a plea bargain if they are unwilling to take their case to a jury or bench trial. Accepting a plea bargain offer from the District Attorney makes more sense for our clients who do not want to deal with the risk or stress of taking their DUI case to trial.
To get the best deal or plea bargain, we still have to order all of the discovery including the body CAMS, collect all audio and video evidence and carefully evaluate and analyze all of the tests, calibration and maintenance records and equipment that produced the breath and or blood test results that formed the basis of your criminal charge(s).
At Fiumara & Milligan we do not rest upon our laurels, but continue to turn over every rock, nook and cranny to make sure that we have not missed one detail that would enable you to get the best wet reckless, or dry reckless plea bargain possible from the District Attorney if a trial is not in your best interest.
Call us anytime at our Santa Rosa location at: 707 571-8600 or our San Rafael location at: 415 492-4507.
“The Right Attorney makes all the Difference.”
For more info on DUI, please CLICK HERE.
For DUI related PENAL CODES, please click HERE, HERE, HERE, and HERE.
Is A "Wet Reckless" Plea Bargain By The District Attorney Really A Good Deal?
