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