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