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One of the most pressing questions in any DUI / DWI case is whether to take the case to trial. Sometimes its better to let a jury decide a drinking and driving case, but some drivers charged with drunk-driving may want to consider a plea bargain when offered. An experienced California DUI / DWI lawyer can evaluate each case to determine whether pleading guilty to a reduced charge is in the drivers best interests, and negotiate the best possible deal.
Plea bargains are negotiated settlements between a prosecutor and a drunk-driving defendants attorney. Prosecutors typically offer a plea agreement when the case against a driver isnt particularly strong, and there is a chance the prosecution wont win in court. As the term plea bargain implies, the deal has to be a bargain for both sides. With a plea bargin, the prosecutor saves the taxpayers the cost of taking the case to trial. The driver pleads guilty to either DUI with negotiated consequences, or a reduced charge.
One such charge is alcohol-related reckless driving, also known as wet reckless. In many ways, a wet reckless is similar to a DUI charge if a driver is arrested again for drunk-driving within 10 years, the wetreckless charge counts as a prior drinking and driving conviction. Also, most insurance companies view wet reckless the same as a DUI, and the driver faces increased premiums.
However, a wet reckless plea is better than a drunk-driving conviction in many respects. The charge carries no mandatory alcohol education classes, and no driver's license suspensions and no SR-22 filing required if the driver has a successful DMV hearing. The wet-reckless plea is also a good option for individuals with professional licensing concerns, such as doctors, psychiatrists, and real-estate agents.
Wet reckless pleas are most likely to be offered when the defendants chemical test showed a blood alcohol content (BAC) of .10 percent or less. A wet reckless is a misdemeanor charge, and carries less severe court punishment than a DUI conviction.
Sometimes a plea bargain is a favorable outcome for a DUI / DWI defendant, and sometimes it isnt. A lawyer who specializes in drunk driving defense can determine whether a plea agreement is fair and appropriate, and can advise whether pleading guilty to a wet reckless is the best course of action.
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