Can I get my conviction reduced to a dry reckless to get my license back? 9 Answers as of December 15, 2011
I got a DUI last month with a BAC of .08 . My friend in the Army passed away and two days before I got my DUI I was at his funeral. When I was leaving that night I started to have tears in my eyes and when the cop pulled me over he said I had bloodshot eyes. I was wondering if there is any way the prosecutor could hit me with a dry reckless and helmandollar plea so I can get my license back after losing my hearing with the DMV.Free Case Evaluation by a Local Lawyer!
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The Law Offices of Robert L. Driessen | Robert L. Driessen
Yes it is possible but you need a skilled attorney to do this.
Answer Applies to: California
Replied: 12/15/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
If you lost your hearing with the DMV and they suspended your license then there is nothing that the court can do to restore it. The DMV action is completely separate from the court and if the DMV restricted or suspended it they have to be the ones to reinstate it.
Answer Applies to: California
Replied: 12/14/2011
Law Offices of James H. Dippery, Jr. | James H. Dippery, Jr.
Depending on the county your case sounds like one that might receive consideration for a reduction to either wet or dry reckless. If you have counsel (retained or Public Defender) contact the lawyer's office and discuss to see if they can work to get that result for you.
Answer Applies to: California
Replied: 12/13/2011
Law Office of Martina Vigil | Martina A. Vigil
If you have already plead guilty to a DUI - hence the word 'conviction' - you cannot modify your plea to a wet reckless. However, if you have not yet plead to a DUI, the District Attorney may very well offer you a wet reckless. This can be accomplished by hiring an attorney to argue the merits of your case for you.
Answer Applies to: California
Replied: 12/13/2011
Law Office of Thomas F. Mueller | Thomas Mueller
It is likely the D.A. will make a settlement offer that includes a plea of guilty to a wet reckless and dismiss the DUI. But usually the D.A. is not there at the initial court appearance so you should plead not guilty and set the case for Pre Trial Conference to get a chance to bargain with the D.A.
Answer Applies to: California
Replied: 12/13/2011
Hammerschmidt Broughton Law | Mark A. Broughton
Well, it is possible but a "wet" is more likely. There will have to be some more favorable factors, such as some improprieties in the breath-testing machine, or a bad stop, for the DA to jump down to a dry reckless. Sympathy is normally not one which DAs will countenance. But I won't rule it out. You should consult with a good criminal defense attorney who can help you. There are ways to get your license back a little earlier and he/she should be able to help you with that.
Answer Applies to: California
Replied: 12/13/2011
Rizio & Nelson | John W. Bussman
Can you convince a prosecutor that you had NO ALCOHOL AT ALL in your blood at the time you were driving, even though you blew a 0.08? There's your answer. Even if, by some miracle, you plea down to a dry reckless, the DMV still isn't going to give your license back. The DMV determined independently that there was probable cause to suspend your license. The outcome of your court case will not affect that.
Answer Applies to: California
Replied: 12/13/2011
Law Office of Jeff Yeh | Jeff Yeh
Possible, but you should hire a DUI specialist to help defend you. You're not likely to get a DRY on your own, not to mention the DMV has to be contacted within 10 days or else you will lose your license by default.
Answer Applies to: California
Replied: 12/13/2011
Law Office of Joe Dane | Joe Dane
Anything is possible but it's probably something you can't work out on your own. Your attorney is going to need to examine your case for legal or factual defenses including any issues with the accuracy of the blood alcohol results and the rest of the investigation to try and get the outcome you desire.
Answer Applies to: California
Replied: 12/13/2011
