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"?

Asked over 1 year ago - 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?

Additional information

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

Attorney answers (5)

  1. Eric M. Mark

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . No. It is not possible.

  2. Andrzej Piotr Szymanski

    Contributor Level 12

    3

    Lawyers agree

    Answered . 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... more
  3. Mark M Cheser

    Contributor Level 20

    3

    Lawyers agree

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

  4. James P Brady

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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.

  5. Michael J Palumbo

    Pro

    Contributor Level 19

    2

    Lawyers agree

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

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,595 answers this week

2,913 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,595 answers this week

2,913 attorneys answering