Wednesday, January 30, 2013

DUI Reduced To Reckless Driving (Wet Reckless)


Having a DUIon your record can be a real detriment when it comes to finding a new job or getting car insurance. And if you already have one or more DUI’s on your record, and you are facing charges for another DUI charge in Orange County, a “wet reckless” can mean the difference between doing months of jail time or doing no jail at all.
DUI Attorneys in Orange County know the importance of the wet reckless plea. The following is an actual case result achieved by the Law Offices of EJ Stopyro and demonstrates the typical dynamic for getting the wet reckless deal. In People v. Roberto C., Roberto was stopped by the CHP for driving in excess of 90 miles per hour on the freeway while passing other cars. He failed his field sobriety tests and submitted to a breath test with two results of .08%. After being arrested, Roberto chose to take a bloodtest with a result of a .09% blood-alcohol content.
During negotiations with the District Attorney, during a series of “pretrial conferences”, Mr. Stopyro posited that the difference between the earlier breath test and the later blood test showed that Roberto’s blood-alcohol level was rising at the time he was pulled over. Therefore, by extrapolating backwards to the time of actual driving, Roberto's blood-alcohol may actually have been below the legal limit at the time of driving. Mr. Stopyro told the district attorney that he would proceed to trial on this rising defense.
Rather than go to trial, the prosecutor agreed to dismiss the DUI charge in exchange for Roberto’s plea to reckless driving.
If charges are pending against you for a DUI in Orange County and would like to know your options, call the Law Offices of EJ Stopyro at (949) 559-5500 to consult with an Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com
Law Offices of EJ Stopyro

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