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Is it Possible to Plead to a Wet Reckless in Florida?

 
08/20/2020
Weinstein Legal
Read Time: 5 Minutes

If you are facing charges for Driving Under the Influence (DUI), know that you may be able to reduce your charges to a "wet reckless." Florida allows this lesser plea bargain under certain circumstances and it can make a significant difference in your future. Pleading out to a charge of wet reckless driving in South Florida may enable you to keep your driver's license without suspension and avoid jail time. 

The courts take DUI charges seriously, as they are a criminal traffic offense. Do not face a judge and courtroom alone if law enforcement arrests you on such charges. You need a DUI lawyer for wet reckless charges to defend you and argue tirelessly for the best plea bargain possible. 

Contact criminal defense attorney Matt Shafran at Weinstein Legal immediately if you are facing DUI charges. With years of experience, Mr. Shafran will fight for you aggressively. You may be able to plea a wet reckless; Florida law does allow it in specific cases. However, you need an attorney who will ensure you get a fair hearing.

Plea Bargaining in Florida DUI Cases

To convict you of a DUI charge in the state of Florida, the prosecutor's office must provide substantial evidence to prove your guilt. In DUI cases this evidence is not always cut and dry. If a prosecutor's office does not believe they have enough proof to ensure a conviction, your lawyer may be able to get them to agree to a reduced charge of reckless driving instead.

Common instances where this scenario applies include:

  • Your Blood Alcohol Content (BAC) was less than 0.08% at the time of your arrest.
  • Police officers stopped you illegally yet determined you were under the influence.
  • There is video footage that contradicts law enforcement's claims that you were impaired, such as passing a field sobriety test.
  • Your Blood Alcohol Content test was administered improperly.
  • There is a question of whether or not the breathalyzer device was properly calibrated at the time of use. 
  • You are a first-time offender.

These are all things that an experienced DUI or reckless driving defense lawyer will know to look for during the investigation, before your day in court. If possible, they may be able to arrange a plea deal with the prosecutor's office before you appear in front of a judge. 

There are many benefits to pleading to a lesser charge of reckless driving instead of facing a conviction for driving under the influence. Your attorney will review these benefits with you carefully to ensure you understand the consequences you will face in regard to the plea deal.

Understand that pleading guilty to a "wet reckless" or reckless driving with alcohol involved, is driving offense in Florida that allows you to avoid the serious repercussions that come with a DUI conviction. You may not even be convicted of the reckless driving charge. You may receive withhold of adjudication, which is not a conviction. This can make a huge difference in your quality of life and the impact the misdemeanor charge will have on your future. 

The Benefits of Pleading to a Wet Reckless in Florida

A wet reckless driving plea in Florida is still a criminal traffic offense, as is a DUI. However, prosecutors generally pursue DUI charges as first-degree misdemeanors while they pursue wet reckless driving charges that are more of a hybrid or second-degree misdemeanor. Second-degree misdemeanors carry consequences that are not as severe as first-degree charges. 

If you plea to a wet reckless in Florida you may be able to avoid the suspension of your driver's license or having to complete the community service hours that are mandatory as part of DUI sentencing. Additionally, the fines are less and possible jail time is shorter than with a DUI conviction.

It is also possible that you will not see as sharp of an increase in your car insurance premiums as you would with a DUI conviction. The courts may also waive the requirement to complete a DUI education course. 

All of these benefits make it essential that you hire an aggressive attorney to fight your case. Do not wait until your first court appearance. A criminal traffic defense attorney will begin working on your case to attempt a wet reckless plea bargain immediately. You may be able to avoid the steep consequences that come with a conviction for driving under the influence.

Wet Reckless Pleas and Background Checks

One of the most common questions is whether or not a wet reckless plea will appear on a background check. A conviction for driving under the influence will show on a background, but what does wet reckless Florida law say?

Since the offense is still a second-degree misdemeanor, a wet reckless plea will still appear on a background check. However, reckless driving charges are often taken less seriously by potential employers and landlords than a first-degree misdemeanor. 

This is why it is important to try and seal or expunge your case, if eligible, as soon as possible. The sealing and/or expungement process is slow and tedious. Acting fast to complete that process as soon as you are eligible, is ideal. 

Hiring an Attorney for 

If you are facing charges for driving under the influence, hire a wet reckless driving Florida attorney immediately. Contact Matt Shafran at Weinstein Legal for a free case evaluation. Our phones are available 24-hours a day, 7-days a week. 

Do not simply accept a DUI charge. You may be able to make a plea bargain for a lesser charge that can save you from many of the steep consequences. However, only an experienced criminal defense attorney will know how to properly fight your case.

Each day that goes by is a day that the prosecutor's office is working to build a case against you. You deserve to have a legal team working on your defense even more tirelessly. 

Call Matt Shafran at Weinstein Legal in South Florida today at 888-626-1108.

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