Can you plea bargain a wet reckless with no lawyer?
I was pulled over for tailgating and blew a 0.10 BAC. My roadside breath has not been disclosed. A blood test is pending, but I passed the field tests.
You may be able to get a wet reckless plea without a lawyer, If you prepare the case well. It's just a matter of asking for a reduced charge. You'll have to give the DA something to consider that makes him/her think there are substantial holes in their case. All of that goes to ensuring a proper investigation is done. It is very important to have know what you are doing when investigating the case. If you will represent yourself, make sure you do all the research necessary.
Though it may seem simple, you cannot plea bargain a DUI without a lawyer. A DUI is not a do-it-yourself situation. It could have very serious consequences if not handled appropriately.
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Maybe. But maybe a "wet" is a poor deal. Maybe you will make things worse. It is best to have a professional handle the case with you. Work with an attorney to get the best possible result. And don't forget about the DMV!
Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.
For the above reasons that you listed, you should hire an attorney. Make sure you request a DMV hearing within 10 days as well. A wet maybe something that is attainable. But only an attorney can get you the best deal. Perhaps something even better can happen. What about a dismissal? What about a speeding ticket instead?
My point is that as an attorney and I would assume other attorneys as well have experience seeing DUI's dismissed, reduced to speeding tickets, or other fabulous deals. I have NEVER seen a unrepresented person do themselves a favor by representing themselves.
Victory is in the eye of the beholder. If you are happy with a wet, even though another potentially better outcome could happen, then you can freely plead guilty to a wet. But if you really want to test your chances at the best deal, then you must have an attorney.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
A wet reckless is not such a good deal. The DMV will still suspend your license, you will pay similar fines and fees, and it will still count as a prior offense if you get charged with another DUI in the next decade. Don't throw in the towel. There are numerous ways to attack DUI charges.
It doesn't hurt to have an attorney look over your case. If you can't afford an attorney (and you don't know if you don't call one) the court will appoint one for you. Public defenders do good work.
A wet reckless is basically a DUI. In most cases, you should fight the DUI and not take a wet reckless. Feel free to contact me about your case. Good luck to you.
Representing yourself on a DUI charge is never a good idea. You may be thinking that you'll save yourself money by handling the case yourself, but I've seen too many situations where is person ends up taking a "deal," and pleads guilty to something they shouldn't. Also, a lawyer will be able to explain all the implications on your drivier's license and may be able to save you a suspension, ignition interlock fees, insurance costs, etc. Also, you'll be may more likely to violate probationary terms because you may not fully understand what is expected of you. It may cost you way more in the long run and is not a good idea.
If you are concerned about spending money on your case, you should contact the Alameda County Public Defender's Office and find out if you qualify for their services. You could also contact the Alameda County Bar Association and find out if they have a low fee lawyer referral panel, provided you qualify financially. If you do have the resources to hire an attorney, you should do so.
With a .10 BAC you may have a winnable case and it would be ill-advised to represent yourself. You also need to request a DMV hearing in writing within 10 days of your arrest. A public defender will not handle the DMV proceedings for you. Although a wet reckless is priorable just like a regular DUI in criminal court, for DMV purposes it is not the same as regular DUI.
A wet carries 2 points like a DUI but is not treated as a DUI for DMV. E.g., if you get a wet in court and beat the APS you have no suspension. If you get a wet and lose APS, you have an APS suspension only. If you get a 23152 conviction in court and lose APS, you get an APS suspension and a mandatory action suspension.
Any feedback provided here is not legal advice and does not form any attorney client relationship. It is provided solely for informational purposes only.
Highly unlikely. DA will not offer a wet on a .10% unless there was a problem with the case.
I agree with the others that "wets" are not a great deal, and a .10% is almost always fightable, if you have a competent DUI attorney, unless you ran over the cop's foot or something. As for fighting it yourself, if you had a toothache, would you take vise-grips to your own tooth and yank it out? This is an area for expert advice and work; don't have a fool for a client by handling things yourself.
Well, I agree with many of my colleagues on this one. The 0.10% BAC may be quite defensible depending on many variables, including the time between drinking, driving, and the blow or blood draw, the maintenance and calibration of the machines recording the BAC, etc. Additionally, you mentioned nary a fact about the constitutionality of the stop, whether your were indeed driving, driving pattern not to mention field sobriety test performance. You are best served by consulting with a legal professional before pleading.
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