DUI Plea Alternative: Dry Reckless in California

In looking at reducing or modifying a DUI charge for a possible plea short of trial, one option in California is what is known as a “Dry Reckless.”

A dry reckless is essentially reckless driving not involving alcohol.  A plea to this reduced charge will usually result in a fine and court probation, with a possibility of an alcohol education program.  However, there are significant differences with this charge and a true DUI.  It can’t be used against you as a prior DUI in future charges to enchance penalties.  In addition, your license can not be suspended, and no SR22 insurance is required.  However, if you had a DMV hearing, and lost, then SR22 insurance would be required, and you would face an administrative suspension of your license.

A qualified San Francisco DUI attorney can discuss this option with you, among other alternatives to a straight DUI plea.

Wet Reckless in California

In evaluating a possible resolution of a DUI charge, a qualified San Francisco DUI attorney will see whether a reduction of the DUI charge to a wet reckess is possible.  A wet reckless is an inside term for an alcohol related reckless driving charge.  It is no different from a DUI charge in that it can be used in future DUI charges to increase the penalities for ten years.  Insurance companies will treat a wet reckless as a DUI for rate considerations.

The benefits of a wet reckless are considerable.  There is no mandatory license suspension.  There may be no Offender’s Program, or a shorter program (if available).  Also, there are benefits to certain offenders who have licenses in the state that could be impacted by a DUI conviction.  Jail time may be reduced or nonexistent.  Finally, the fines and fees imposed are generally half of what could be incurred with a DUI conviction.

Obviously, you should have a qualified San Francisco DUI attorney examine your case to determine if you qualify for this option.  If you are looking at a DUI charge alleging priors, this option becomes even more important.

BEWARE of DUI Lawyer Websites Whose Lawyers Are Qualified to Do One Thing Only — Plead You Guilty

There is a reason that Virginia DUI Lawyer Bob Battle saw a need to team with talented, ethical colleagues to create www.DUIanswer.com. Read this sad but true post titled “How NOT to Choose a DUI Lawyer” to read about an ad sent to lawyers nationwide for a “DUI Lawyer” Website that states “Do You Know How to Plead a Client Guilty? If Yes, You Are a Qualified DUI Lawyer.”

Click the link at the end of this sentence to view the ad and Virginia DUI Lawyer Bob Battle’s comments.

Unlike the website that is willing to hold out lawyers to the public as “fully qualified” without telling the public that they define “QUALIFIED” as the ability to plead you guilty, all the lawyers on www.DUIanswer.com must apply to be on this website and there is only 1 lawyer accepted for each jurisdiction.

Have you forgotten something? DMV hearing requests in California

You’ve just been released from jail after a harrowing night.  You’ve been stopped, subjected to field sobriety tests, humiliation, breath tests, and handcuffs.  What do you do next?

The first thing you need to do is read that pink paper that the officer gave tp you.  This is your temporary driver’s license.  On the back of this paper, in small print, are instructions on how to challenge your license suspension.  You only have ten days to contest the suspension from the time of your arrest.  If you don’t do anything, your license will automatically be suspended! 

In California, the DMV suspension hearing is different from the court date you were also given when you were released.  That date, which is your arraignment, will allow you to get a copy of the charges against you, and the police report.

A wise thing to do is hire an experienced San Francisco DUI attorney immediately.  Let that attorney handle all the deadlines.  An experienced San Francisco DUI attorney knows the labryinth of time requirements and forms that need to be done.  But don’t delay.  You only have ten days.

What is an Arizona Reckless Driving Charge?

Reckless driving is one of the more serious misdemeanor offenses in Arizona.  The crime can be either a class 1 or class 2 misdemeanor.  When charged as a first time offense, as a class two misdemeanor, the statute has a maximum penalty of four months in jail and $750.00 fine.  Moreover, there are some additional consequences to a person’s driver’s license.  Reckless Driving is considered a serious moving violation and places 8 points on a person’s driver’s license.  This in turn, requires the person to complete Traffic Survival School. 

The crime of Reckless Driving is codified in section 28-693 of the Arizona Revised Statutes.  The statute states: 

A. A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.

B. A person convicted of reckless driving is guilty of a class 2 misdemeanor.

C. In addition, the judge may require the surrender to a police officer of any driver license of the convicted person, shall report the conviction to the department and may order the driving privileges of the person to be suspended for a period of not more than ninety days. On receipt of the abstract of conviction and order, the department shall suspend the driving privilege of the person for the period of time ordered by the judge.

D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section, section 13-1102 or section 13-1103, subsection A, paragraph 1, in the driving of a vehicle, or section 28-708, 28-1381, 28-1382 or 28-1383 within a period of twenty-four months:

1. The person is guilty of a class 1 misdemeanor.

2. The person is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served not less than twenty days in jail.

3. The judge may require the surrender to a police officer of any driver license of the person and shall immediately forward the abstract of conviction to the department.

4. On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person.

E. The dates of the commission of the offense are the determining factor in applying subsection D of this section. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.

F. On pronouncement of a jail sentence under this section, and after the court receives confirmation that the person is employed or is a student, the court may provide in the sentence that if the defendant is employed or is a student the defendant can continue employment or schooling for not more than twelve hours per day nor more than five days per week. The defendant shall spend the remaining days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the defendant’s actual hours of employment or schooling.

In sum, the crime of Reckless Driving can carry some very onerous consequences including jail, fines, traffic school and a driver’s license suspension.  However, unlike a DUI conviction, jail is merely discretionary.  Thus, a person convicted of Reckless Driving does not necessarily have to serve a term of jail.

When Does a Person Get a Hearing Regarding a License Suspension

In the context of a DUI case, there are two common scenarios when a motorist will receive an order of suspension for their driver’s license:

1. After they refuse to take a chemical test pursuant to A.R.S. 28-1321(D)(2); and
2. After a test result of .08 or greater pursuant to A.R.S. 28-1385(A).

The Motor Vehicle Division of the Department of Transportation permits a person a hearing prior to the suspension.  The hearing request can be made by mail, facsimile or email.  The request for the hearing must be received by the department within 15 days after the notice.  A timely request stays the suspension until at least the time of the hearing.

The hearing is a civil proceeding.  The burden of proof for the government is only a preponderance of evidence, as opposed to the criminal standard of beyond reasonable doubt.  The Arizona Rules of Evidence do not apply to the hearing.  For example "reliable hearsay" evidence is admissible during the hearing.

 

Special Laws For Commercial Drivers Charged with DUI

Drivers operating a vehicle with a commercial driver’s license (CDL) have different standards than other drivers. The reason is because of the safety issues associated with operating larger vehicles such as trucks, tractor-trailers and buses.

The Arizona DUI laws are much more restrictive for people with commercial drivers licenses (CDL). While most Arizona drivers will be in violation of the law if their blood alcohol concentration is .08 or greater, commercial driver have a much tougher standard. For drivers with a CDL, the legal limit is merely a blood alcohol concentration of .04 or greater.  Section 28-1381(A)(4) of the Arizona Revised Statutes provides:

It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.

Moreover, a commercial driver may also face a disqualification of their license. Thus, a commercial driver’s livelihood may be put at risk.

DUI Sentencing alternatives in San Francisco

You’ve been found guilty of, or plead guilty to, a DUI.  The judge has sentenced you to do at least two days in jail.  However, “jail” can mean many things, if the judge allows it, in San Francisco.

The most common sentencing alternative is the Sheriff’s Work Program.  You can schedule it at your convenience.  It involves somewht physical work, such as cleaning up streets and sidewalks in San Francisco, or on the highway.  You check in in the morning, and go home at night. 

Another possibility is community service.  If you have physical limitations or injuries, you can do work in an approved community service program.  This involves little or no physical labor, and could also be used to pay some of the DUI fines.

Electronic monitoring is used for sentences that are significantly longer than two days.  They allow some flexibility, and freedom.  You can go to work, do your counseling program, and basic living chores, with some limits.

Work furlough is also available for longer sentences, and allows you to go to work each day, and then go to jail to sleep.  The main advantage to this program is that you get to keep your job and earn money.  However, you pay for the work furlough program.

Overall, there are alternatives to basic jail time.  Contact a San Francisco DUI attorney to get the program that suits you best.

The DUI Accident Where There Are No Injuries - Endangerment

I see the following scenario commonly in my practice.  My client is responsible for causing a low impact accident.  No one from either automobile was injured.  However my client had consumed alcohol, and a blood test confirmed he was over Arizona’s legal limit of .08.  What charges may he be facing?

Obviously he is facing a misdemeanor DUI.  And more troubling, he may also be facing an Endangerment charge.  Under section 13-1201 of the Arizona Revised Statutes, a person commits Endangerment by:

• Recklessly endangering another person with a substantial risk of imminent death or physical injury.
• Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.

Moreover, since a car was involved (a dangerous instrument under Arizona law) my client may be facing a mandatory prison term.  This can happen if it is proven that he placed the other driver in a substantial risk of imminent death.  While most low impact accidents do not expose a person to such a risk, prosecutors often charge these cases with the attitude of "just leave the decision to the jury".  Meanwhile the client has now been exposed to a serious risk, of a long period of prison, because the State has not taken the time to properly and correctly evaluate the case.  These cases cannot be taken lightly.  Every effort must be made to show the true nature of the impact.  That is, there was no risk of "imminent death."  This may require the use of both an accident reconstructionist and bio-mechanical engineer.  In any event, these types of  cases must be proactively handled as soon as possible.

 

New Extreme DUI Penalties

The are several types of DUI offenses in Arizona.  An extreme DUI is based on the blood alcohol concentration (BAC) level of the person accused of DUI.  Specifically, if the person has a BAC above a .150 they will be charged with extreme DUI under § 28-1382 of the Arizona Revised Statutes. 

Some of the penalties for being convicted of an Extreme DUI charge include:

• Incarceration (a term of jail)
• Fines
• Installation of an Ignition Interlock Device
• Driver License Suspension
• Substance Abuse Screening and any recommended treatment

The minimum jail term has been 30 days with up to 20 days suspended if the person complied with the recommended treatment resulting from the mandatory drug and alcohol screening.  Simply out, the judge could reduce your sentence to 10 days.  However, the Arizona Extreme DUI laws are changing in the near future.  The legislature has amened the extreme DUI statute removing the ability of judges to do the following:

1) suspend all but 10 days of first offense extreme DUI sentences. Thus, offenders must serve a full 30 day term of jail.

2) suspend all but 60 days of second offense extreme DUI sentences. Thus, offenders must serve a full 120 day term of jail.

The date of the offense will determine which penalties a person is facing. Moreover, the above stated penalties are for offender whose BAC level was between .150 and below .200. A person with a BAC of .200 or above will be facing even more punitive jail terms.

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