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California Plea-bargains How To Avoid Trial

There are several ways that a DUI case can be resolved without the need to go to trial.  Note: some counties or courthouses have local customs that vary from the plea-bargain scenarios described here.  It is vital that you consult with a qualified DUI defense attorney to discuss the practices and procedures in your area.

DUI, with negotiated consequences.  The first possible outcome in a DUI case is to plead guilty (or “no contest”) to the charge, but to negotiate the consequences for such a plea.  There are some cases where this is appropriate, although it is always wise to consult with a lawyer before entering such a plea.  Every case is different, and there are some circumstances where admission of guilt to the DUI charge is in your best interest.

Wet-Reckless.  The first possible reduction from a DUI charge is the alcohol-related reckless driving, also called a “wet-reckless.”  The wet-reckless is, in several respects, no different from a DUI charge: it is priorable, meaning that if arrested for a similar offense within 10 years, the wet-reckless conviction will count just like a prior DUI conviction.  Additionally, most insurance companies will treat a wet-reckless conviction just like a DUI conviction.  The benefits are that there are no mandatory alcohol schools with this charge, and no mandatory license suspensions or restrictions.  It is generally a better result in a second- or third-offense DUI case.  Also, for people with professional licensing issues (such as doctors, real estate agents, psychologists, etc.) there are significant benefits to the wet-reckless plea as far as licenses may be concerned.  An SR-22 is NOT required based on a wet-reckless conviction (unless the DMV Hearing was unsuccessful).

Dry-Reckless.  This is a charge of reckless driving, not involving alcohol.  It is significantly better than a DUI conviction in every respect.  A plea to a dry-reckless generally involves probation and a fine, although alcohol education programs may also be

ordered (depending upon the circumstances in the case).  An SR-22 will not be required, unless the accused lost their DMV Hearing (or didn’t request the hearing in time).  There is generally little debate as to whether or not to accept a dry-reckless plea when offered in lieu of a DUI charge.  It is significantly better in every respect.  Unlike the wet-reckless, a dry-reckless is NOT priorable.  It cannot be used to enhance a future DUI arrest.

Exhibition of Speed.  This charge sounds bad, but it really isn’t.  Exhibition of Speed refers to things like chirping your tires when leaving a parking lot.  It is better still than a dry-reckless, and is usually offered when the DUI charge is especially weak.  It will usually result in a fine only, although other educational courses may be part of the negotiation too.  No SR-22 is required upon conviction, unless the DMV Hearing was lost (or not requested).  Just like the dry-reckless, there is generally little debate about taking this deal when it is offered.  It, too, is not priorable, meaning that it can’t be used to turn a future DUI arrest into a second-offense.

Traffic Infractions.  In some cases, it is possible to have DUI charges reduced to simple traffic infractions, such as speeding, or unsafe lane change.  Obviously, this is of significant benefit, and may even allow the accused to go to traffic school to keep their record pristine.  Not priorable, no SR-22, no alcohol programs.  Just a fine, possibly traffic school, and a big “thank you” to the lawyer who negotiated this plea-bargain.

Whether any of these negotiated settlements is possible in a given case requires the analysis of many factors, including driving patterns, field sobriety test performance, chemical test results, and much more.  Anyone who stands accused of DUI should consult with a lawyer at once.

 



There are certain things that can happen in a DUI case that are considered “aggravating factors” or “special allegations” that, if proven, will dramatically increase the punishment sought by the prosecutor, or imposed by the court.   These include:

  •  Refusing to provide a chemical test of blood or breath when  lawfully      requested by a peace officer
  •  Having a blood or breath alcohol level that is above certain limits
  •  Having a child in the car while DUI
  •  Having prior DUI convictions within a specified period of time
  •  Driving above a certain speed, and driving recklessly, while DUI
  •  Being involved in a traffic accident while DUI
  •  Causing injury to someone, other than the driver, as the result of a DUI

If any of these aggravating factors are present, the prosecutor will typically seek additional punishment, such as more jail time, increased fines, or loss of driving privileges.  This increased punishment can be severe, and even make the difference between a DUI case being prosecuted as a misdemeanor or a felony.
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