Los Angeles DUI charges can cause unimaginable amounts of grief and stress in people, especially if they have never been in trouble before. One major concern is that once they have been charged with driving under the influence, people are afraid they have few options other than pleading guilty to DUI. However, with the assistance of top rated Los Angeles DUI defense attorney, you may be able to have DUI charges reduced or even dropped completely. It is important to have representation on very California DUI case since these charges are priorable and can be used to enhance any future arrest and conviction.
Wet Reckless or Dry RecklessThe most commonly reduced DUI charges are for “wet reckless” and “dry reckless” pursuant to California Vehicle Code. A wet reckless is charged as a violation of California Vehicle Code Section 23103/23103.5. A dry reckless is a violation of California Vehicle Code Section 23103.
A “wet reckless” is typically the most common reduction that prosecutors may consider when contemplating reduced DUI liability. The “wet” in “wet reckless” refers to alcohol and as its title implies, the offense covers reckless driving in which alcohol was a factor, but did not rise to the level of Driving Under the Influence of alcohol. The main advantage of a wet reckless charge is that it does not carry the stigma associated with DUI charges. For many people whose occupations prevent them from have a DUI on their record, a wet reckless will not have the same troubling effect.
In addition, the fines under VC 23103 are much lower than those under the DUI statute, there is typically less or no jail time, and there is no court imposed license suspension (NOTE – Even if a DUI is reduced to a wet reckless, the DMV will still issue a license suspension unless the individual successfully challenges the suspension at the administrative hearing). Wet reckless convictions can be used for enhancement purposes. This means that if someone with a wet reckless conviction on their record is charged with a subsequent DUI, they will be treated as if it is their second Los Angeles DUI.
Sometimes a prosecutor will consider a “dry reckless” charge, which is simply reckless driving without the alcohol allegation. The dry reckless is advantageous because it cannot be used for enhancement purposes if you are charged in the future and it will have less impact on insurance premiums and the DMV may not be able to take any negative action against the person’s driver’s license.
Exhibition of Speed or Public Drunkenness ChargesIn addition to wet and dry reckless, DUI can sometime be reduced even further. Depending on the circumstance, a prosecutor may consider a “speed ex” or “exhibition of speed” in violation of Vehicle Code Section 23109(c), a public drunkenness charge under Penal Code 647(f) (if there is a problem showing that the defendant was actually driving the vehicle) or various moving violations that may apply.
Because of the variety of “lesser” charges associated with DUI prosecutions, it is imperative that you have a skilled Los Angeles DUI attorney fighting on your behalf. Los Angeles DUI defense lawyer Michael Kraut is a former Deputy District Attorney with the Los Angeles District Attorney’s Office who is skilled at identifying the weaknesses in the prosecution’s case and highlighting these weaknesses to explore the possibility of a total dismissal of the charges or a reduction of charges.
For more information about the various defenses for your Los Angeles DUI case, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.