Wet and reckless with a prior

DUI 2 views 3 answers
I received an enhanced dui in 2009 and in late 2011 i recieved a second dui. I have lost the dmv hearing but the DA has offerred a plea bargin of a wet and reckless due to lack of probable cause to stop my vehicle. If i were to accept the wet, what kind of punishments would i be looking at in regards to classes and fines? The dmv said 1 year suspensions but nothing about required classes.

Attorney Answers

3
John Kaman ·
You should also be aware that a wet reckless is not much of a gift. It counts as a DUI for purposes of priorability, your insurance company will also treat it as a DUI. You will receive a lesser sentence than if it was a pure second so you can save some money but any other DUIs you pick up in the next 10 years will be a 3rd and a 4th since the wet is considered the same as a DUI for that purpose.
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Chris J FeaselCriminal Defense Attorney ·
I'm going to assume an "enhanced" DUI is a dui + high ba - for a wet with a prior, at least in my experience, expect 10 days CJ, at least. You will probably have to pay the 2nd DUI fines (over 2000) plus do the MOP to get your license back.
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David Jon PullmanCriminal Defense AttorneySan Rafael, CA ·
You should be discussing this with your attorney. If you get a wet reckless with a prior, you have to do the nine month program. You would be facing up to 90 days in jail, most likely 2 yrs. of probation, and substantial fines. If the DA is offering you a wet reckless because there was no probable cause to stop the vehicle, you should discuss this with your attorney. If there really was no probable cause, then you should not plead to anything. The evidence will get thrown out as a 4th Amendment violation and the DA will have to dismiss for lack of evidence. When the DA dismisses for lack of evidence, you can get your license back from DMV as well. If you do get the case dismissed, make sure that your lawyer demands that the DA state the reason for dismissal as being Lack of Evidence. A dismissal In the Interests of Justice, will not get your license back from the DMV. If you are interested in hiring an attorney to handle this for you, feel free to contact me. Good luck to you.
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