How to get help for DWI


Plea Bargaining: Wet Reckless, Dry Reckless, Exhibition of Speed

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, Exhibitionalcohol-related reckless driving charge
of Speed(VC 23103) from an original charge of VC
The prosecutor and defense counsel can23152. If the prosecution and the court
agree to a lower charged offense, as aagree to a guilty or nolo contendere
result of what is known as "pleaplea to 23103, and the prosecution
bargaining." Plea bargaining usuallystates on the record that there was
results in a lower-charged offense andconsumption of alcohol involved, then VC
or a lighter sentence in exchange for a23103 is eligible to be a prior DUI in a
guilty or nolo contendere plea by thesubsequent DUI conviction within a ten
defendant. However, the judge in theyear span.
case must approve the plea bargain inPersons convicted of "Wet" Reckless
order for it to be effective. There areshall be punished by imprisonment in a
many advantages to a plea bargain. Acounty jail for a minimum of 5 days to a
plea bargain will avoid further courtmaximum of 90 days or by a fine of a
proceedings and avoid a full-blownminimum of $145 to a maximum of $1,000
trial. This saves money and time foror by both imprisonment and fine.
both the prosecution and the defense.A "Wet" Reckless does not have a
The court system is overburdened withmandatory requirement to attend an
cases already, so plea bargains are analcohol education course. If compelling
inviting solution, so long as the judgecircumstances exist that mitigate
goes along.against including the alcohol education
Plea bargains are also useful inclass, the court may order that the
sentencing. For example, in exchangeclass not be required.
for a nolo contendere or guilty plea,VC 23103 ("Dry" Reckless)
the prosecutor may be willing to adjustReckless Driving is described as
the amount of the fine or the time thedriving 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 theproperty. There is no alcohol
terms of how the jail time is imposedconnotation in a Reckless Driving
may be plea bargained. For example,conviction.
instead of incarceration in a countyPersons convicted of Reckless Driving
jail, the prosecution may be willing toshall be punished by imprisonment in a
allow alternative sentencing.county jail for a minimum of 5 days to a
Alternative sentencing on jail timemaximum of 90 days or by a fine of a
includes electronic monitoring, alsominimum of $145 to a maximum of $1,000
known as house arrest. Jail time can beor by both imprisonment and fine.
served on weekends or in the eveningsVC 23109 (c) (Exhibition of Speed)
under a work furlough program.An Exhibition of Speed conviction
It is possible to minimize or avoidstates that the motor vehicle was driven
jail and fines by plea bargaining. Thein an exhibition of speed on a highway
defendant may be allowed to participateor that the person aided or abetted in a
in an alcoholic's anonymous programmotor vehicle exhibition of speed on the
(AA), donate money to Mother's Againsthighway. An exhibition of speed refers
Drunk Driving (MADD), or attendto a vehicle speed contest where a motor
psychological counseling and/or alcoholvehicle races against another vehicle, a
rehabilitation treatment for alcoholclock, or other timing device.
addiction.Persons convicted of VC 23109 (c) shall
The following Vehicle Code Sections arebe punished by imprisonment in a county
often-used plea bargained offenses forjail for up to 90 days or by a fine up
DUIs:to $500, or both fine and imprisonment.



1 A B C D 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112