If I wasn't in my car when the police arrived, would I be able to get a DUI reduced? - Criminal Law Questions and Answers- LawQA.com

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If I wasn't in my car when the police arrived, would I be able to get a DUI reduced?

I was about 4 houses away from my car when the police arrived, I had hit a curb and pulled over, my friend had already left with my keys, I'm curious as to what would constitute as a wet reckless?

Answer By Dennis Roberts
Dennis Roberts, a P.C.
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If they didn't give you a B/A test they will have some serious proof problems for a DUI. I am assuming that while you may have been drinking it was your friend who was driving. Of course it would be wrong to say this if it were not true - Richard Nixon.

Answer Applies to: California
Replied: 7/20/2012

The Law Office of Harry E. Hudson, Jr.
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Not enough facts and no police report to evaluae the case [both sides need to be considered] Hire an attorney.

Answer Applies to: California
Replied: 7/19/2012

Answer By Jared C. Winter
Law Office of Jared C. Winter
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First of all, do the police have any evidence that you were the driver? If not, then the case should be dismissed. Based on the information you've provided, there are a lot of issues you need to discuss with an attorney.

Answer Applies to: California
Replied: 7/19/2012


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A "wet reckless" is a reckless driving charge with alcohol involved. It does not count as a DUI, this time, but will count as your first should you be stopped for a DUI again. The new DUI becomes your 2nd DUI for sentencing purposes. As to your original question, it will depend on exactly where you were, if you knew anyone in the neighborhood, whether your keys were with you and what you told the police as to how you got there. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.

Answer Applies to: California
Replied: 7/18/2012

Answer By Jeff Yeh
Law Office of Jeff Yeh
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What would constitute a wet reckless is you having a good lawyer. Observation of driving and time of driving are important in a DUI prosecution. An experienced DUI specialist can take advantage of the lack of these things when negotiating with the prosecutor for a reduction. Don't just shoot for a wet, you might even get a DRY!

Answer Applies to: California
Replied: 7/18/2012

Law Office of Peter F. Goldscheider
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Cases can be proven even if you were not in your car when the police arrived if they can prove by other evidence that you were driving earlier while under the influence. Wet reckless-es are usually offered whenever the DA has a problem of proof or the blood alcohol level is low for a first offender. Since I don't know all your defenses or the details from the cop's report it is difficult to tell if they will feel they have such a problem of proof.

Answer Applies to: California
Replied: 7/18/2012

Answer By Terry Nelson
Nelson & Lawless
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Reduced? Wet reckless requires your blood alcohol be below the legal .08 limit, and that there be a weak risky case for the DA. Even if you get one, it will carry all the same penalties as DUI. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you do not win the appeal, you can still apply later for a restricted license for to/from work and school, etc., after serving at least of the full suspension period. If you don't know how to do these things effectively, then hire an attorney that does.

Answer Applies to: California
Replied: 7/18/2012

Answer By Edward J. Blum
Law Office of Edward J. Blum
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On those facts, if you have a DUI lawyer fight it you should be able to beat the charges altogether.

Answer Applies to: California
Replied: 7/18/2012

The Law Offices of Victor J Mazzaraco
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You can still get a dui under the circumstances you describe - police can say they saw you exit the vehicle after seeing you hit the curb. A wet reckless isn't really much better than a dui since they changed the law regarding the wet reckless charge, and a wet reckless counts as a dui for subsequent dui charges.

Answer Applies to: California
Replied: 7/18/2012

Answer By Joe Dane
Law Office of Joe Dane
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A wet reckless charge is something the DA can reduce a DUI to if they feel it is warranted. It is not a charge you can be charged with, but a charge you can plead to if they offer it to you. If the DA is willing to offer a wet reckless, it could be that they are not confident in their ability to prove their case - especially since you weren't behind the wheel, didn't have the keys, etc. You could potentially beat the charge. A wet reckless is good, but not great. It carries less penalties, but it still counts as a DUI on your record for the next 10 years. This is not a straight forward issue that you can resolve yourself. You're absolutely going to need a lawyer. If you were arrested for DUI and the police took your license, you only have 10 days from the date of your arrest to contest the automatic suspension of your license by the DMV. Bottom line: get a lawyer.

Answer Applies to: California
Replied: 7/18/2012

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