| Plea Bargaining:
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| | "Wet" Reckless refers to a plea
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| How do the following differ from a DUI:
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| | bargained conviction of an
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| Wet Reckless, Dry Reckless, Exhibition
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| | alcohol-related reckless driving charge
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| of Speed
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| | (VC 23103) from an original charge of VC
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| The prosecutor and defense counsel can
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| | 23152. If the prosecution and the court
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| agree to a lower charged offense, as a
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| | agree to a guilty or nolo contendere plea
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| result of what is known as "plea
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| | to 23103, and the prosecution states on
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| bargaining." Plea bargaining usually
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| | the record that there was consumption of
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| results in a lower-charged offense and/or
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| | alcohol involved, then VC 23103 is
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| a lighter sentence in exchange for a
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| | eligible to be a prior DUI in a
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| guilty or nolo contendere plea by the
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| | subsequent DUI conviction within a ten
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| defendant. However, the judge in the
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| | year span.
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| case must approve the plea bargain in
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| | Persons convicted of "Wet" Reckless
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| order for it to be effective. There are
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| | shall be punished by imprisonment in a
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| many advantages to a plea bargain. A
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| | county jail for a minimum of 5 days to a
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| plea bargain will avoid further court
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| | maximum of 90 days or by a fine of a
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| proceedings and avoid a full-blown trial.
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| | minimum of $145 to a maximum of $1,000 or
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| This saves money and time for both the
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| | by both imprisonment and fine.
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| prosecution and the defense. The court
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| | A "Wet" Reckless does not have a
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| system is overburdened with cases
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| | mandatory requirement to attend an
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| already, so plea bargains are an inviting
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| | alcohol education course. If compelling
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| solution, so long as the judge goes
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| | circumstances exist that mitigate against
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| along.
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| | including the alcohol education class,
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| Plea bargains are also useful in
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| | the court may order that the class not be
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| sentencing. For example, in exchange for
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| | required.
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| a nolo contendere or guilty plea, the
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| | VC 23103 ("Dry" Reckless)
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| prosecutor may be willing to adjust the
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| | Reckless Driving is described as driving
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| amount of the fine or the time the
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| | a vehicle in willful or wanton disregard
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| defendant is allowed to pay the fine. If
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| | for the safety of persons or property.
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| jail time cannot be avoided, then the
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| | There is no alcohol connotation in a
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| terms of how the jail time is imposed may
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| | Reckless Driving conviction.
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| be plea bargained. For example, instead
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| | Persons convicted of Reckless Driving
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| of incarceration in a county jail, the
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| | shall be punished by imprisonment in a
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| prosecution may be willing to allow
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| | county jail for a minimum of 5 days to a
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| alternative sentencing. Alternative
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| | maximum of 90 days or by a fine of a
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| sentencing on jail time includes
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| | minimum of $145 to a maximum of $1,000 or
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| electronic monitoring, also known as
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| | by both imprisonment and fine.
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| house arrest. Jail time can be served on
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| | VC 23109 (c) (Exhibition of Speed)
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| weekends or in the evenings under a work
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| | An Exhibition of Speed conviction states
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| furlough program.
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| | that the motor vehicle was driven in an
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| It is possible to minimize or avoid jail
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| | exhibition of speed on a highway or that
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| and fines by plea bargaining. The
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| | the person aided or abetted in a motor
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| defendant may be allowed to participate
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| | vehicle exhibition of speed on the
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| in an alcoholic's anonymous program (AA),
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| | highway. An exhibition of speed refers
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| donate money to Mother's Against Drunk
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| | to a vehicle speed contest where a motor
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| Driving (MADD), or attend psychological
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| | vehicle races against another vehicle, a
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| counseling and/or alcohol rehabilitation
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| | clock, or other timing device.
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| treatment for alcohol addiction.
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| | Persons convicted of VC 23109 (c) shall
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| The following Vehicle Code Sections are
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| | be punished by imprisonment in a county
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| often-used plea bargained offenses for
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| | jail for up to 90 days or by a fine up to
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| DUIs:
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| | $500, or both fine and imprisonment.
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| VC 23103.5 ("Wet Reckless")
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