Wet Reckless, Fullerton Court
It has become increasingly difficult to negotiate reductions of charges
in DUI cases in Orange County Courts. The policy of the Orange County
District Attorneys Office is that deputy prosecutors in court must seek
approval from their Supervisor before offering a reduction. However, I
was in Fullerton Court this morning and was told that the Supervisor there
had approved a reduction in my case to an alcohol related reckless driving,
commonly referred to as a "
Wet Reckless". My client had a poor driving pattern including speeding, tail-gating
and weaving in and out of traffic. He admitted to feeling "buzzed"
to the police. However, his breath alcohol level was .08%. We had already won the
DMV hearing
based on my toxicologist's testimony that my client's blood alcohol
level at the time of driving was likely under a .08%. The deputy district
attorney in court expressed surprise that the Supervisor had approved
a reduction, based on his track record of denying reduction requests even
in .08% BAC cases.
Posted By
Gold & Witham
Categories:
In years gone by, I would have been disappointed with a wet reckless offer
in a case like this and would have expected a non alcohol related reckless
driving or "dry reckless". However, the parameters of negotiations
change and we now have to make decisions to accept what is offered or
go to trial. It is very tempting to take these case to jury trial, but
this means more money for the client and potentially stiffer penalties
if the case is lost. As a
DUI Defense Attorney in Orange County, I know how difficult it can be to win an acquittal in a DUI case and
clients should always consider their options carefully before deciding
to put their liberty in the hands of an Orange County Jury.