What exactly is a wet and reckless driving charge? 50 Answers as of July 03, 2013

What exactly is a wet and reckless driving charge?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Never heard of such a thing.
Answer Applies to: Michigan
Replied: 12/12/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
A 'wet and reckless' holds the same penalties as a DUI conviction but does not go on your driving record as a DUI. However, if you are convicted of a DUI within the ten years from your guilty plea to the DUI, you will be charged with a SECOND OFFENSE DUI and not a first.
Answer Applies to: California
Replied: 12/12/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Essentially, it's a reduced plea-bargain offer for people charged with certain OUI offenses. Basically, it's a person who committed the act of "reckless" driving while under the influence of some alcohol; hence, the term "wet." This type of plea-deal is occasionally offered in OUI cases, usually when a person has a blood-alcohol level in the "impaired" range, or below the "legal limit." Policies and plea-bargain offers vary significantly depending on the prosecuting attorney, county, city, court, strength of the case, etc.
Answer Applies to: Michigan
Replied: 12/9/2011
Law Offices of Sean Logue
Law Offices of Sean Logue | Sean Logue
That is a rare plea agreement where a person charged with DUI is allowed to plead to a reckless driving.
Answer Applies to: Pennsylvania
Replied: 7/3/2013
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
It is a charge generally reduced for a DUI. It means an alcohol related reckless driving and has lesser penalties than a DUI.
Answer Applies to: California
Replied: 12/7/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Never heard of that charge before.
    Answer Applies to: Kansas
    Replied: 12/7/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Drunk driving.
    Answer Applies to: Michigan
    Replied: 12/7/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    A wet reckless is an unusual charge that cannot be charged by the police. This charge is designed for situations where the prosecutor may have evidence problems or the blood alcohol results are close to the legal limit. The best thing about settling a case for a wet reckless is the reduced fines and the shorter DUI class. It is important to remember that a wet reckless can be used to enhance the punishment for future drunk driving charges.
    Answer Applies to: California
    Replied: 12/7/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    A reckless driving charge is where you have driven reckless on a public highway by extreme successive speed, spinning your whells, weaving in and out of traffic, etc. I have never heard of a wet and reckless driving charge.
    Answer Applies to: Alabama
    Replied: 12/7/2011
    The Toler Law Firm
    The Toler Law Firm | Henry Toler
    Any person that drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.
    Answer Applies to: Georgia
    Replied: 12/6/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Some states have what they call a "wet reckless driving" which is a reckless driving charge that involves alcohol. It is used as a plea bargain in DUI cases. Michigan, however, does not have wet reckless driving and instead just has reckless driving. It involves the same amount of license points as a DUI. Usually first offense DUIs are pled down to an impaired driving which is less points and an automatic restricted license as opposed to a suspended license.
    Answer Applies to: Michigan
    Replied: 12/6/2011
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    A wet reckless is basically a charge that several states use when pleading down DUI's in order to note that alcohol was involved in the reckless driving offense. There is no such thing as a wet reckless in West Virginia, just your normal reckless driving charge.
    Answer Applies to: West Virginia
    Replied: 12/6/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    I do not know about wet but reckless is a misdemeanor charge.
    Answer Applies to: Michigan
    Replied: 12/6/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    A wet reckless is an unofficial name for a violation of Vehicle Code section 23103.5, a variant of reckless driving (CVC 23103). One really cant commit a reckless driving and it is really only a fiction for a reduced charge when one is originally charged with a DUI. It is offered when the BAC is low or there are other issues with the prosecution case with which the DA is concerned. It still carries two points on your driving record, can be charged as a prior DUI conviction if you get another one and most insurance companies still view it as a DUI for rate purposes. Some times you can avoid having to do the First Offender alcohol program. The only thing you usually get out of the reduced charge is not having to do the Sheriffs Work Program (jail requirement) which is something but not much if you have a good defense to the DUI.
    Answer Applies to: California
    Replied: 12/6/2011
    T. Mack Taylor LLC | Mack Taylor
    In Georgia reckless driving is driving in reckless disregard of the persons or property of another.
    Answer Applies to: Georgia
    Replied: 12/6/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    That is a term you hear more often in other states than in Georgia. It means that it was a reckless driving charge that was really a DUI.
    Answer Applies to: Georgia
    Replied: 12/6/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It is reckless driving that is alchohol related. It counts as a DUI if you do it a second time within 10 years. Otherwise it is much better than a DUI, with no IID requirement, no alcohol class requirement, no license suspension imposed by the court, usually less fines and probation, less insurance increase, and just plain looks better to have on your record than a DUI.
    Answer Applies to: California
    Replied: 12/6/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That is a term used in California. It refers to driving while intoxicated. If you were drunk it is wet and reckless. If you were sober and driving recklessly it is called dry and reckless. In New York the charge them as two separate violations, DWI and Reckless Driving which are both misdemeanors as a first offense. Drinking and driving is like firing a gun at a moving train and hoping no one gets hit by the bullets. Drink drivers have injured and killed thousands of innocent people and the courts in every state are getting very serious about enforcing the law and preventing this dangerous crime.
    Answer Applies to: New York
    Replied: 12/6/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    The driver was allegedly driving recklessly and allegedly under the influence of alcohol but with a BAC level insufficient to charge DUI, i.e., below .08.
    Answer Applies to: Virginia
    Replied: 12/6/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It is a plea bargain where you plead guilty to Reckless Driving but still do all thee nation conditions required for a DUI - alcohol program, community service, etc.
    Answer Applies to: Colorado
    Replied: 12/6/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    VC 23103 reckless driving is driving a car in disregard for the safety of persons. A wet reckless is reckless driving when alcohol is involved. The wet reckless is only there to get a defendant to plead to a case that is close to the legal limit (.08 or lower). It is a fiction to move DUI cases along. In California a person charged with a DUI violation may plead it down to a wet reckless. As part of this plea the prosecutor states for the record a factual basis, including facts disclosing whether or not alcohol or drugs were consumed. The court advises the defendant of the drunk driving sentence enhancement consequences of the conviction wet reckless. The benefits of a wet reckless over a DUI are shorter probation, lesser potential jail time, lesser fine, shorter alcohol program. However, the wet reckless is treated as a prior for any DUI, most insurance companies see a wet reckless as a DUI, DMV still impose a license suspension.
    Answer Applies to: California
    Replied: 12/6/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Reckless driving is obvious. I don't know what "wet" is.
    Answer Applies to: New York
    Replied: 12/6/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    I've never heard of that but I suspect it means the driver was driving in a manner likely to injure persons or property and showed signs of having consumed alcohol.
    Answer Applies to: Washington
    Replied: 12/6/2011
    Anthony Saunders Esq., PLLC | Anthony M. Saunders
    A wet and reckless driving charge is an alcohol related reckless driving charge. Often times it carries almost the same fines and penalties as a DUI or DWI. It is important that you speak with a competent attorney soon.
    Answer Applies to: Utah
    Replied: 12/6/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    There is no legal charge of that definition. It is most likely a slang term for a DWI charge reduced down to a reckless driving where the license revocation is not challenged or rescinded. It still subjects a person to enhanced penalties over a 10-year period, but for criminal background purposes appears as a reduced charge.
    Answer Applies to: Minnesota
    Replied: 12/6/2011
    Law Office of Dean B. Gordon
    Law Office of Dean B. Gordon | Dean B. Gordon
    In some jurisdictions, the district attorney and court will reduce a first time drunk driving charge (Vehicle Code Section 23152) to a "wet reckless" if the blood alcohol level is between .08 and .10. Either conviction counts as two points on your DMV record, and if you get a second drunk driving conviction, the "wet reckless" will count as a prior offense. The main benefits are that the fine is about $1,000 less and you usually do not have to go to DUI school, which also costs.
    Answer Applies to: California
    Replied: 12/6/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    A wet & reckless violation is covered under Vehicle Code section 23103.5. It was created to help resolve DUI cases, or charges of violations of VC 23152. It is basically reckless driving which is alcohol related. Often there really isn't any actual reckless driving involved in the case, however because of the advantages involved, (such as lower fines, shorter DMV classes) a plea to 23103.5 is better than a plea to a 23152.
    Answer Applies to: California
    Replied: 12/6/2011
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Could you please be more specific? Reckless driving is a specific charge. I am not sure what you mean by "wet." Do you mean it was raining and you were also cited for driving too fast for conditions? The ticket(s) you received from the officer should contain references to specific Georgia code sections. For example, DUI is 40-6-391. Can you tell me which code sections they were?
    Answer Applies to: Georgia
    Replied: 12/6/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    It is the crime of driving recklessly (breaking some traffic law) while you had alcohol in your system. It is sometimes offered as part of a plea deal when the DA expects that he/she will have a difficult time proving that the defendant was actually over the legal limit of 0.08 at the time of driving. It carries significantly lower penalties than a DUI. In most cases, a prior "W&R" is treated as a prior DUI if the defendant is later arrested on a subsequent DUI.
    Answer Applies to: California
    Replied: 12/6/2011
    Kenneth M. Hallum, Attorney at Law
    Kenneth M. Hallum, Attorney at Law | Kenneth M. Hallum
    The long and short is it is a reduced DUI. However, it can still be used against you as a prior offense for the next 10 years. It does offer the opportunity to take a 12 hour alcohol class compared to a 3 month class (Caveat: if your license was suspended as a result of the stop-known as an APS hearing-suspension) DMV will require the 3 month class, and not accept the 12 hour. There are alternatives to the plea, and special plea bargains that a local DUI attorney would be beneficial to consult with. Lastly, the fine is generally of the fine for DUI.
    Answer Applies to: California
    Replied: 12/6/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    It's not "wet and reckless" it is a "wet reckless". And it is a charge of reckless driving involving alcohol consumption. It is a lesser offense than a DUI, and does not require license suspension (if over 21).
    Answer Applies to: California
    Replied: 12/6/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    It is a reduction from a DUI charge. Usually it is used to settle a case that the D.A. thinks is close and he might lose. There are certain advantages to it like a lower fine, less Community service work and a shorter counseling program. The disadvantage is that it counts as a DUI if you get arrested again within 10 years.
    Answer Applies to: California
    Replied: 12/6/2011
    Anderson Walsh PLLC
    Anderson Walsh PLLC | STACI LYNN ANDERSON
    A wet reckless refers to a driver who was drinking alcohol while driving recklessly.
    Answer Applies to: Idaho
    Replied: 9/20/2012
    The Rolloff Law Office, LLC | J. Rolloff
    This phrase is often used to refer a situation where the original charge of DWI is amended (and/or reduced to) a charge of Reckless Driving. The "wet" - I assume - refers to the fact that the recklessness of the offense is the decision to drink alcohol and drive.
    Answer Applies to: Minnesota
    Replied: 12/6/2011
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In NH, you can be charged with DWI/DUI in violation of RSA 265-A:2 which is a Class B Misdemeanor for first time offenders which carries a number of minimum mandatory penalties including fines, loss of license and the completion of the Impaired Driver Intervention Program. There are enhanced penalties including mandatory jail time, residential program, ignition interlock device and fines for DWI/DUI subsequent offense depending on many prior DWI/DUI convictions the person has within the last 10 years or for Aggravated DWI/DUI (over .16 or other circumstances) at listed in RSA 265-A:18. Reckless Driving in violation of RSA 265:79 is a violation punishable up to $1000 fine and minimum 60 day loss of license or driving privileges. NH does not have a "wet and reckless driving charge."
    Answer Applies to: New Hampshire
    Replied: 12/6/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    It's only in certain States and rare in Texas. It's a hybrid DWI. Lower than a regular DWI, but not in Texas.
    Answer Applies to: Texas
    Replied: 12/6/2011
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    It's a DUI reduced to Reckless Driving, so it carries many of the DUI punishments like ASAP, Suspended License, fine and more. The "wet" refers to drunk driving reference of alcohol.
    Answer Applies to: Virginia
    Replied: 12/6/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    A "wet reckless" is a reduced charge the prosecution can offer in a DUI case during plea negotiations. It's not a charge you can be charged with, but it's a compromise charge that can be reached. It's under Vehicle Code section 23103 and 23103.5. It carries the same priorability as a DUI - it will count as a prior DUI for 10 years. The benefit is that it does not carry the same license suspension as a DUI conviction, there is no alcohol class requirement and it has lower fines. It is still a misdemeanor and can carry probation and other consequences, but is definitely better than a DUI conviction.
    Answer Applies to: California
    Replied: 12/6/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    A wet reckless means that you were driving recklessly with alcohol in your system. The definition as taken from the DMV website is: Reckless Driving 23103. (a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (c) Except as otherwise provided in Section 40008, persons( ) convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.
    Answer Applies to: California
    Replied: 12/6/2011
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    A wet reckless is alcohol related reckless driving. It counts as a prior DUI if you get another DUI within ten years of arrest for the wet reckless. The penalty is usually less than a DUI. Lower fine, usually no actual jail or jail alternatives, Shorter DUI school if you win the DMV hearing, and no SR-22 additional insurance required if you win the DMV hearing.
    Answer Applies to: California
    Replied: 12/6/2011
    THE LAMPEL FIRM
    THE LAMPEL FIRM | ERIC LAMPEL
    It's a DUI without the actual DUI conviction, i.e., it's a reckless driving conviction (2 DMV points) involving alcohol. Insurance companies treat them the same as far as rate increases go, but the other penalties are lower. It operates as a "1st" DUI if you get another DUI within a certain time period goes, so it's not that great of a 'deal". A dry reckless is a great deal.
    Answer Applies to: California
    Replied: 12/6/2011
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Vehicle Code Section 23103 per 23103.5 reckless driving, alcohol-related, reduced from a VC 23152 DUI charge.
    Answer Applies to: California
    Replied: 12/6/2011
    The Law Offices of Jaime Cowan
    The Law Offices of Jaime Cowan | Jaime Cowan
    It is a reckless driving conviction in which you will still have to do the alcohol classes but no alcohol conviction and no DMV consequences.
    Answer Applies to: Colorado
    Replied: 12/6/2011
    Fabian & Associates, Inc.
    Fabian & Associates, Inc. | Stephen G. Fabian, Jr.
    There is no such charge in Oklahoma.
    Answer Applies to: Oklahoma
    Replied: 12/6/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    It's slang for a DUI charge plea-bargained to a reckless-driving charge. It is legally forbidden in Oregon.
    Answer Applies to: Oregon
    Replied: 12/6/2011
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    A 'Wet Reckless' is a term used by lawyers to reduce a charged DUII to a reckless driving through a plea deal. Although this is typically not allowed pursuant to statute; an experienced defense attorney, with good facts, may convince a District Attorney that there are not enough facts to constitute a DUII (under Oregon law), and thus dismiss that case in order to have the defendant plead guilty to Reckless Driving.
    Answer Applies to: Oregon
    Replied: 12/6/2011
    Charles Regan Shaw, PLC
    Charles Regan Shaw, PLC | Charles R Shaw
    No such thing, you are ticketed for a reckless driving offense, you should hire an attorney to protect your driving record.
    Answer Applies to: Michigan
    Replied: 12/6/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    There is no such official criminal offense or title. However, it likely a description for a a reckless driving that is alcohol related.
    Answer Applies to: Minnesota
    Replied: 12/6/2011
    The Gorman Law Firm | Scott Gorman
    A "Wet Reckless" is a fictional term to describe a Reckless Driving charge that generally carries some agreed upon penalties above and beyond the standard Reckless Driving charge, which is usually punishable by only a fine and five motor vehicle points. The "Wet Reckless" tends to come about when another summons or summonses are dismissed as part of an agreement between the prosecutor and the defendant. In exchange, a defendant may accept a period of license suspension.
    Answer Applies to: New Jersey
    Replied: 12/6/2011
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