Legal Question in DUI Law in California

Today i was charged with a wet and reckless but have yet to be senteced. But the thing is i wasn't drinking, i was found under the influence of marijuana not alcohol. can i still be charged with a WET and reckless? and is this case over? is there anyway to have a hearing again?


Asked on 2/25/10, 12:43 pm

3 Answers from Attorneys

Bruce Kapsack Kapsack and Bair - DUI Attorneys, Board Certified in DUI Defense

You can be charged with anything. The question is can the prosecution prove it at a trial. Numerous studies have shown LOW level marijuana in the blood does NOT make for bad driving. Additionally, the prosecution mnust prove the canaboids are active.

A good attorney can guide you on your particular case.

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Answered on 3/02/10, 2:15 pm

An individual is usually charged with a crime at the time of the incident or shortly thereafter. It appears that you have been to court and plead guilty to a wet/reckless. If this is the case it doesn't appear that you fully understand what was occurring. You may be able to withdraw you plea based on misunderstanding. It is important to withdraw a plea before sentencing or it becomes an even bigger problem.

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Answered on 3/02/10, 2:32 pm
Robert Marshall Law Office of Robert L, Marshall

You're too focused on the word "wet."

Technically, there is no such thing as a "wet reckless." The term is lawyer slang for reckless driving, California Vehicle Code 23103, involving alcohol, drugs or both, Vehicle Code 23103.5.

So, yes, you can be charged with a "wet reckless" involving alcohol, drugs or both.

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Answered on 3/02/10, 3:02 pm


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