California Criminal Defense Attorney – Dry-Reckless Plea
A DUI / DWI lawyer will try to get DUI charges reduced whenever possible. If the charge is felony drunk driving, an attorney might seek a reduced charge of misdemeanor driving under the influence. When the charge is a misdemeanor driving while intoxicated, a lawyer will attempt to find a compromise that will result in lesser charges such a wet-reckless or a dry-reckless.
A California DUI / DWI attorney knows that sometimes it is better to accept a plea bargain than to go to trial in drunk driving cases. The plea negotiations in a drunk driving case will often depend on the strength of the prosecution’s case. A weak case may result in an offer that may be too good to turn down.
In cases involving driving under the influence or driving while intoxicated, the driver will often be offered the chance to accept a plea bargain. A California criminal defense attorney can advise the driver on whether or not to accept a deal. Often it is the DUI / DWI lawyer who negotiates a deal with the prosecution. The prosecution’s negotiations will differ depending on the strength of the case. The lower their chances of winning at trial, the higher the chances are that they will offer a compromise to the driver. The compromise generally involves the driver pleading to a reduced charge.
A dry-reckless is a non-alcohol related offense and it is generally wise to accept it when the prosecution makes the offer. As a non-alcohol related offense, the punishments for a dry-reckless in California is significantly less than the punishment imposed for a wet-reckless or a D.U.I. A criminal defense lawyer will often consider pleading to a dry-reckless as a very favorable result to a DUI / DWI charge.
A dry-reckless carries probation and minor fines. Furthermore, a dry-reckless does not count as a prior DUI in California. Compared to the punishment for a driving under the influence conviction, a dry-reckless is easy street. Depending on the case, may be required. However, there will be neither suspension of the driver’s license nor any requirement to file formal proofs of insurance (SR-22 form) so long as the driver is successful at the DMV hearing.
A dry-reckless will typically be offered when a driver’s BAC was .08 percent or less. If a dry-reckless is offered by the prosecutor, it may not be worth it to the driver to go to trial even if their BAC was very low. A dry-reckless is a misdemeanor that carries very little in the way of fine and punishment.
Whether or not a driver should accept a plea depends on the specific facts of each case. A California DUI / DWI attorney can be of assistance in negotiating a reasonable compromise with the prosecution. A plea bargain is a generally a deal that criminal defense attorney and prosecutor will come to after assessing the relative strengths and weaknesses of their respective cases.