Pasadena DUI Reduced Charges
When a person is charged with a Pasadena DUI offense, there are a number of reduced DUI charges that the defendant may ultimately plead to in order to prevent a DUI conviction. In many cases, there may be problems with the underlying case and the prosecutor may be willing to resolve the case with something less than a DUI under either California Vehicle Code Section 23152(a) VC or California Vehicle Code Section 23152(b)VC. The following offenses are some of the more common reduced DUI charges in Pasadena that are sometimes offered to defendants:
One of the most common reduced DUI charges in Pasadena is what is commonly referred to as wet reckless under California Vehicle Code Section 23103/23103.5 VC. In many cases, the Pasadena City Attorney will offer to reduce a DUI charge to a wet reckless when the defendant has a BAC that is close to 0.08 percent or if there are problems with the case.
A wet reckless differs from a DUI in a number of ways. Unlike a DUI conviction, a wet reckless will not trigger a mandatory driver’s license suspension from the Department of Motor Vehicles. While the defendant may still be subject to an administrative license suspension as a result of the arrest, there would be no subsequent suspension or requirement to install an Ignition Interlock Device (“IID”) if he or she is convicted of wet reckless.
A wet reckless conviction typically carries lower court fines than those imposed on a Pasadena DUI conviction. In addition, in some cases the defendant would only be required to complete the 12-hour, SB-1176 course if he or she is convicted of wet reckless.
If the defendant is ever charged with a subsequent DUI offense, a previous wet reckless conviction can be used to enhance the charge and would be treated like a DUI conviction for enhancement purposes. Thus the defendant would be subject to mandatory sentencing provisions that require jail time if he or she is charged of a subsequent DUI offense.
Another advantage of a wet reckless charge is that a defendant can honestly answer that he or she was never convicted of a DUI if asked as part of an application. Wet reckless often looks better than driving under the influence to employers and others who would be evaluating someone’s criminal record.
In certain cases, a prosecutor in Pasadena may be willing to allow the defendant to plead to a charge of reckless driving under California Vehicle Code Section 23103 VC without the alcohol allegation. This charge is commonly referred to as dry reckless and would not count as a prior DUI conviction if the defendant is ever charged with a subsequent DUI offense. While this conviction is a misdemeanor that would result in additional points being assessed to the defendant’s driving record, there would be no license suspension triggered as a result of the court conviction.
A conviction for dry reckless in Pasadena may include court fines and any other conditions of probation that the judge may choose to impose.
Another reduced DUI charge that is often used to resolve cases in Pasadena is exhibition of speed under California Vehicle Code Section 23109(c) VC. Like dry reckless charges, exhibition of speed convictions are not enhanceable if the defendant is charged with a subsequent DUI offense and will not trigger an independent driver’s license suspension. Someone convicted of exhibition of speed would have points added to their driving record and would have to pay court fines in addition to any other agreed upon conditions of probation.
If you have been charged with a DUI offense in Pasadena, it is absolutely critical that you speak with a Pasadena DUI Attorney as soon as possible. Pasadena DUI Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is highly adept at assisting clients and having DUI charges reduced. Mr. Kraut formerly served as a Senior Trial Attorney in Pasadena and is highly respected by judges, prosecutors and law enforcement in the area.
For more information about Pasadena DUI reduced charges, and to schedule your free consultation, contact Pasadena DUI Attorney Michael Kraut at the Kraut Law Group located at 790 East Colorado Boulevard, 9th Floor, Pasadena, CA 91101. Mr. Kraut can be reached 24/7 at 626-345-1899.