got pulled over Feb 2014, did the field test and breath test at the spot. Taken back to the station and did blood test. Report shows that I have a .09 BAC, a lost of people had told me I have a chance to get a wet reckless. Is that true? I asked twice in a pre-trail and was declined. I have another trail tomorrow before going into actual trail, if the DA refuse to bring it down to reckless.Additional information, my car was not towed because the officer said I was very cooperated.
do you have an attorney without knowing other particular facts its tough to evaluate your case. You should post about the specifics post some of the details for anyone to give an opinion.you may have to do a trial
Do you have any attorney? A wet reckless is very possible with the right attorney and investigation.
The DA will never reduce a charge just because you ask them to. They need to have a legal basis for doin so.
If you are representing yourself - bad idea. You can now see it does no good.
If you hired someone, what have they done to prepare a defense to present to the da to get the reduction?
A wet MIGHT be a good deal in your case. But, depending on the facts and evidence, you might be able to get something better.
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It seems you must have an attorney at this point. Either retained or court-appointed. The DA is not obligated to give you what you want and they do tend to play hard-ball in San Bernardino. I know of two lawyers in that county, and both are active on this site. Mr. Murillo and Mr. Dickinson. You may want to seek out a consultation or speak with your lawyer for further guidance. You're question began, "Can I get a wet reckless?" The only honest answer is: Not unless the prosecution offers it.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you.
Look. You need to hire an attorney. Those of us who practice in San Bernardino know what you are up against. This is not a do-it-yourself project. Speak with someone in San Bernardino who can assist with your case.
Can you? Yes. Will you? Possibly.
As pointed out, a .09 is usually in the range that a wet-reckless is offered. Also as mentioned, most prosecutorial agencies won't just reduce automatically. Rather, you have to persuade the DA that a reduction is warranted based on holes in the case. Examples of "holes" could be: good driving, no objective signs of impairment, good performance on the FSTs, etc. However, you must have an experienced attorney review this.
Also, the fact that you were cooperative is of little to no consequence, given that it did not affect your driving on that date.
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Your definitely in the range for a Wet Reckless, however, the DA may be looking at other factors we do not have. Your alcohol level may be dropping drastically and your PAS test was much higher. It is possible that you may have other aggravating factors or that you have a poor record that may prevent the DA from offering a reduced charge. Sit down and talk to your lawyer and find out why you cannot get a reduced charge. Explain to your attorney any misconceptions about your case. If your attorney is reasonable and can explain why it is not possible, so be it. If you do not believe that your case has been properly argued to the DA, then hire private attorney.
For a complete answer to a Criminal based questions you should consult a lawyer with all the facts concerning what occurred. No promises or guarantees can be made with any legal case. This answer is meant only as informational, not legal advice.
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