Hello my question is if I pled guilty to a misdemeanor wet and reckless can i re fight the case?

Asked about 1 year ago - Fairfield, CA

I wasn't read my rights when arrested. Also i didn't find out what i blew on the breath test until going to court three times, and the arresting officer never showed me. At the time of my trial I wasn't well informed on the laws and my rights?

Attorney answers (5)

  1. Wade J. Skalsky

    Pro

    Contributor Level 15

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    Answered . Usually when you take a plea the judge advises you on the record and you sign waiver forms indicating you understood your rights. There are very fact specific reasons a person is allowed to withdraw their plea and there are strict time limits. It is a challenge to accomplish this typically. Also, rarely are there Miranda issues in DUI's given the case law. If you want to explore trying to withdraw your plea and reopen the case I would contact an experienced post-conviction/appellate attorney. Good luck.

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  2. Jasen Bodie Nielsen

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    Contributor Level 19

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    Answered . There is no "and". It is a "wet reckless".
    If you plead, then it is going to be very difficult to now go and withdraw your plea. It's not clear if you had an attorney, but if you did, I hope you were able to ask all of your questions before you plead. In a DUI arrest, Miranda rights are rarely read, as most of the evidence has been voluntarliy given before arrest. The officer does not have to tell you the results of the breath test. In a nutshell, it's almost certainly too late. At this point, my advice is to make the best of it, learn from it, and move on. Good luck.

    Jasen Nielsen

  3. James Brian Campbell

    Contributor Level 13

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    Answered . Many people misunderstand the significance of reading rights. Failure to read rights can lead to the exclusion of statments and evidence obtained as a result of questioning after a person is arrested or detained for investigation. The Supreme Court has allowed for a legal fiction to deprive people of these rights during driving under the influence investigations. When a person is stopped for a traffic violatioin and a DUI investigation is commenced, the courts pretend that the person theoretically expects to be able to leave at any time since it is a simple traffic stop. They are not detained at a level that would give rise to reading rights. The game the officers play, is to ask all the incirminating statements during the period before they place the person under arrest while they are conducting their investigation. As a result, no significant questions are generally asked after arrest and the person has already answered many questions pertaining to their consumption of alcohol. Upon analysis, it is very rare that Miranda violations take place in DUI cases or that statments excluded make a difference. Since violations of Miranda only exclude the admissibility of statements and other evidence obtained as a result of the statements, most DUI cases do not depend on the evidence that can be excluded. The officer generally observed driving and has taken a test that result in an alcohol reading. This is the primary evidence of the offense. If you made multiple appearances, it is likely you were represented by an attorney. There are different requirements for withdrawal of plea depending on whether the defendant was represented by an attorney or not. You really need to consult with an attorney.

  4. Matthew Murillo

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    Contributor Level 18

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    Answered . You can withdraw a plea. However, there are very specific time frames that you have to do it within, and a good reason will be necessary. If you were not represented by an attorney, you likely will be able to show that. If you had representation, it may be an issue.

    My biggest concern would be why you entered a plea if you werent aware of all these things? One of the things judges ask when accepting a plea is whether the person has gone over there case with their attorney, as well as any possible defenses, and whether they know the consequences of a guilty plea. If you plead, you answered yes to these questions.

    best to speak with a local attorney to discuss withdrawing the plea and whether it is recommended (could you get something better by doing so?).

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  5. Michael Anthony Hernandez

    Pro

    Contributor Level 14

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    Answered . You may want to consult with an appellate attorney to discuss your options. There are very strict timelines in which to act, so you need to get in contact with an attorney as soon as possible.

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