Reckless Driving, "Wet" or "Dry"

Plea negotiations in DUI cases sometimes result in the Prosecutor offering to dismiss DUI charges in return for a plea to reckless driving.

Reckless driving is a violation of vehicle code section 23103. It is a misdemeanor and is a two point moving violation on the DMV record. Reckless driving can be non-alcohol related, otherwise known as a "dry reckless, or alcohol related, known as a "wet reckless'.

The main difference between a wet and a dry reckless is that a wet reckless is a prior conviction on the record for purposes of sentencing in the event that the defendant commits a second DUI within ten years. A dry reckless is not priorable.

Penalties for reckless driving vary. Typically, a dry reckless would result in 24 months of informal probation and a fine of $240 plus penalty assessments. A wet reckless also mandates an alcohol education program. There is a 12 hour program for a wet reckless, known as an SB1176 program. Some Prosecutors insist on the level one three month AB541 program which is about 33 hours in length over a three month time frame.

There is no mandatory license suspension for a reckless driving conviction.

If you have questions concerning plea bargain negotiations in DUI cases, please call DUI Defense Law Firm Gold & Witham.


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