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Banning Court Wet Reckless penalty?. 1 prior DUI 4 yrs ago. Pleading not guilty. Any other pleas they may offer to avoid jury?

Banning, CA |

I met people at a happy hour, one of the girls got separated from friends and asked for a ride to her car. Palm Springs was busy, I thought about cops being out. She needed ride that was kinda on my way home, so i thought let her drive due to Dui arrests in area. We ended up sliding on a sharp curve in a ditch. She got out and ran in the deep brush. I noticed a car up top on the hill, got out, asked them not to call anyone because I would call my AAA and my boyfriend to pick me up. They called 911 chp came 20 min later. I got in car to see if I can move it up the hill even tho it had all flat tires, just to get it out of there. Well he called 911 again and said I was in my car revving it up. (911 tape.) I am pleading not guilty jury trial with a public defender. so DUI for revving?

by DuI for revving... I mean.... that my PD called and said beings I got in my car and a caller said I started it.... that is going to be most likely a DUI... even though I wasn't driving for the accident. But because i was seen by a witness in my car afterwards starting it, it will be hard to get out of the actual DUI.I am pleading not guilty jury trial with a public defender. My PD just called and said that call tape is going to be an issue because they did not see the other girl, and me revving my car means an automatic DUI, even tho the car would not move with 4 flat tires. she said maybe we could go for a wet reckless. I did get a dui 4 yrs ago and got all that taken care of right away, never been in trouble. What is less than a Wet? as I wasn't driving, we were 10 miles other direction from my house.

Attorney Answers 4

Posted

Okay.. This is not possible to make sense of, sorry. You were arrested for a DUI for revving? I don't think so. You were arrested because you ended up in the ditch because you were under the influence (allegedly). You need an attorney, ASAP.

If you're lucky, you'll be to plea to dry reckless, which is less than a wet. A dry would not require classes or sr-22.

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Posted

my PD called and said beings I got back in my car and a caller said I started it.... that is going to be most likely a DUI... I meant that.... cuz i was seen by a witness in my car afterwards starting it, it will be hard to get out of the actual DUI.

Slavik Steve Leydiker

Slavik Steve Leydiker

Posted

You don't get a DUI unless the car is moving. The technical term is "volitional movement," meaning some sort of movement of the vehicle. Since you have am attorney, you should be dealing with him/her.

Posted

If the question is what kind of resolution of a DUI case less than a wet reckless is available, it would be a dry reckless and even a dismissal. Without giving you legal advice on your case, in Cailfornia, having control of a car while under the influence where one is pushing a car or having control of a car such as having the engine on and moving the car even a little, can be sufficient for a DUI conviction if the DA can prove the necessary elements beyond a reasonable doubt. You should discuss your case with your public defender because any admissions you made about being behind the wheel and in control of your vehicle can be very problamatic, even if it was already stuck in a ditch. You should also not post facts here because it is a public forum. Discuss your options and possible witnesses to the other girl driving with your public defender.

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Posted

You need an attorney. Your story , while interesting, may still get you a DUI. Get an attorney . You also need to deal with DMV . Call within 10 days of your arrest and request a hearing and stay.

Andrew Roberts
(818) 597-0633

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Posted

Most DUI allegations are fightable, and hence so might this one be, but I cannot tell from the skimpy and loaded recitation you have given here. I don't know what these facts have to do with your question about wet reckless penalties. I rarely advise going wet reckless route - I prefer exoneration to the only slightly lesser conviction of a wet.

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Posted

my PD called and said she may ask for a wet reckless. I wasn't driving so I was wondering what the penalty is for that, and if there is a lessor bargain. Being a PD they don't give you much time to ask questions....

Michael James Kennedy

Michael James Kennedy

Posted

If you were not driving, you should not take a wet - a wet presupposes driving.

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