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I received a DWI in NJ in 2008. I got a DWAI in NY State in Dec of 2012. If NJ finds out can they apply a "wet reckless"?

Westwood, NJ |

This is what I was told, "Wet Reckless, or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving in NJ. Would a DWAI in NY State can be recognized as a "Wet Reckless" in NJ?

-Does a "Wet Wreckless" mean I will not lose my driving privilege since its points for wreck less driving?

Attorney Answers 5

  1. No. It is not possible.

  2. NJ does not have a wet reckless provision. Also, your NJ case was in 2008, that's done and over with. I would not be concerned. Just stay away from the combination of cars and alcohol.

    The information provided in this answer is general in nature and may not apply to the factual circumstances described in your question. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes. This content does not create an attorney-client relationship.

  3. There is no plea bargaining a DWI case in NJ

  4. No. But depending on the facts it may not e considered a DWI. That is a long shot.

  5. It is my understanding that under MY law, a DWAI (Driving while ability impaired) in NY means it is unlawful to operate a motor vehicle while your ability to operate a motor vehicle is impaired by the consumption of alcohol. This offense is most commonly seen when a driver's BAC is between 0.05 and 0.07 percent.

    New Jersey does not have a similar statute. A NY conviction for DWAI would not qualify as a DWI under NJ law. If convicted in NY, the NY MVC is supposed to report the conviction to NJ MVC under the Interstate Driver's License Compact. It is not always reported and usually takes some time when it is reported. If reported, he NJ MVC will take such administrative action as it deems fit under its regulations but, it should not consider it to be a second offense DWI.

    Further, if you have a first offense NJ DWI and a first offense NY DWAI, if there is another incident leading to an arrest for DWI in NJ, you would be facing a second offense DWI in NJ.

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