What is a “Wet Reckless” Charge in California?

wet reckless

Although a wet reckless driving charge is the most common type of plea bargain offered to DUI offenders, it does not guarantee that it will be offered in your case. The primary benefits of pleading guilty to a reduced charge include possibly not having to go to jail and not having a lengthy license suspension put in place.

If you were arrested for driving under the influence (DUI) in California, you may be able to get this charge reduced to a lesser offense. In order to do this, however, you must have a strong argument for your defense—and have an experienced California DUI attorney to represent your case for the best chance at receiving this plea bargain.

Benefits of a Wet Reckless Charge

“Wet reckless” is a charge reduction authorized by California Vehicle Code 23103.5 VC. It carries the same penalty as VC 23103 (“dry reckless”) and offers several benefits over a DUI, including:

  1. Mandatory fines (up to $1,000) may be reduced;
  2. Mandatory alcohol-related classes may be reduced;
  3. Jail time may be reduced (five days to three months), if not eliminated entirely;
  4. Elimination of the requirement to have an ignition interlock device (IID) installed on your vehicle. This is normally required after a DUI conviction;
  5. Ability to maintain jobs and/or professional licenses that forbid a DUI conviction; and
  6. Your criminal record will show a wet reckless conviction as opposed to a DUI.

It is important to note that while your DUI offense may be reduced to a “reckless driving” offense in the eyes of the law, a wet reckless charge can still count against you in the future. For example, if you are convicted for a DUI within 10 years of pleading guilty to a wet reckless charge, your case will be treated as if you are a repeat DUI offender.

Disadvantages of a Wet Reckless Charge

The biggest disadvantage of entering a plea of “wet reckless” is that you are accepting a guilty verdict without a chance of appealing the charge. There are other “better” resolutions that can come with a standing trial in a DUI case, including:

  • The prosecutor could drop all charges before trial;
  • The judge could dismiss all charges before trial; or
  • You could obtain a “not guilty” verdict.

However, winning a DUI case can be challenging without the assistance of an experienced California DUI attorney and should not be taken lightly. Entering a plea bargain can help you maintain your record and reduce the charges laid out against you when you would otherwise be found guilty of a DUI under California law, and a wet reckless plea bargain should be always be considered when possible.

In addition to a guilty verdict, you may still face a license suspension from the DMV, as this process is separate from the mandatory license suspension that comes with a criminal DUI conviction. In order to keep your license, you must request a hearing with the DMV within 10 days of your arrest.

In the same vein, your insurance company may also increase your rates, similar to how they would with a DUI conviction.

Contact an Experienced California DUI Attorney

Being arrested for a DUI does not necessarily mean that this is the charge you will receive on your record. With proper planning and strong legal defense, you may have this charge reduced to a “wet reckless” offense or eliminated altogether.

If you or a loved one has been charged with DUI in California, then you’ll need to act fast in order to have the best chance of receiving a wet reckless plea bargain. The sooner you are able to retain a lawyer who will fight on your behalf, the better chance you have at getting the best possible outcome. For more information or to schedule a free consultation, contact The Law Office of Amy Chapman today.

Is it Illegal to Drive While High in California?

Since the use of recreational marijuana was legalized in California on January 1, 2018, many people have questions about the legality of driving while high. Is it illegal to drive under the effects of marijuana in California?

The short answer is yes, it is. But while the laws surrounding high driving echo those of DUI laws, there are some key differences you, as a driver, should be aware of. Driving under the influence of any substance in California is illegal, and understanding your rights as a driver is key to ensuring that you act responsibly and stay off the roads while under the influence of any drug.

At The Law Office of Amy Chapman, we are dedicated to representing your best legal interests with knowledge, compassion and integrity, and we are happy to answer any questions you may have regarding driving while high in California.

What are the Consequences of Driving while High?

Drunk drivers are responsible for at least 25 percent of motor vehicle fatalities, and many drivers who are pulled over for erratic or reckless driving also test positive for cannabis. Because each person’s body metabolizes tetrahydrocannabinol (THC) differently, the effects of driving under the influence of marijuana may present more strongly in some individuals than others.

Factors that affect how “high” someone may become include THC tolerance, differences in smoking/ingestion techniques (such as traditional smoking vs. consuming edibles) as well as the differences in marijuana strains consumed. For example, while a “sativa” strain may acutely increase awareness in some users, it can also increase the prevalence of paranoid or erratic behavior in others.

With regards to the legal consequences of driving high, it is a crime to drive under the influence of any substance that impairs a driver’s ability to recognize and respond quickly to any threats to the safety of themselves, other drivers and pedestrians on the road. The following is outlined in California’s Vehicle Code:

DUI Offense (Drugs and/or Alcohol) Possible Penalties
1st DUI 6 months jail and/or $390-$1000 fine and/or 3-9 months DUI school and/or 6-10 months suspended license
2nd DUI 96 hours-1 year jail and/or $390-$1000 fine and/or 18-30 months DUI school and/or 2 years suspended license
3rd DUI 120 days-1 year jail and/or $390-$1000 fine and/or 30 months DUI school and/or 3 years revoked license
Misdemeanor DUI with Injury 5 days-1 year jail and/or $390-$5000 fine (plus compensation to injured parties) and/or 3-30 months DUI school and/or 1-3 years revoked license
Felony DUI 16 months-3 years state prison and/or $390-$1000 fine and/or 18-30 months DUI school and/or 4 years revoked license
Felony DUI with Injury 16 months-16 years state prison and/or $1015-$5000 fine (plug compensation to injured parties) and/or 18-30 months DUI school and/or 5 years revoked license

How Reliable are Chemical Marijuana Tests?

There is no legal standard or limit for how much marijuana is “too much” to drive. While a chemical test—administered as a blood or urine sample—can be used to prove if a driver is driving under the influence of marijuana, it is not the only way to indicate if a person is drugged driving.

These chemical tests are not without fault. Unlike how a breathalyzer can indicate current blood-alcohol content levels, conventional marijuana tests can only identify if marijuana is present in a person’s body. It cannot indicate reliably when marijuana was last used, nor can it indicate how much was used.

Due to these faults, there are a number of non-chemical ways officers will use to determine if a driver is operating a vehicle under the influence of marijuana. These may include:

  • The defendant’s driving pattern;
  • The defendant’s manner of speaking towards an office;
  • The defendant’s performance on Field Sobriety Tests (or refusal to participate in them);
  • The presence of marijuana or paraphernalia in the defendant’s car or on their person; and
  • Physical symptoms of intoxication, including dilated pupils, rapid breathing/heart rate, marijuana odor, red eyes and slowed reaction time;

What if I have Been Wrongfully Accused of Driving While High?

Because of the general unreliability of conventional marijuana tests, there may come a time where you are wrongfully accused of drugged driving. Perhaps you tested positive for cannabis in a blood test, when in reality you were completely sober at the time of being pulled over.

Barring any other unsafe driving practices punishable by a misdemeanor or felony, you may be able to have your marijuana-related driving offense dismissed if the prosecution cannot prove that you were intoxicated at the time of your traffic incident.

The Law Office of Amy Chapman has an extensive understanding of California’s DUI laws, especially as they pertain to marijuana use after Proposition 64. Our Sonoma County DUI lawyers are fully committed to providing the legal assistance you need—especially during a wrongful accusation—to allow you to maintain your driving record and avoid costly fees and potential jail time. If you or a loved one has been wrongfully accused of driving while intoxicated under the effects of cannabis, contact us today to discuss your legal options.

Are DUI Checkpoints Legal in California?

The answer to the question of “Are DUI Checkpoints Legal in California?” is, simply, yes.

Amy Chapman Law Police DUI CheckpointAccording to California’s Vehicle Code, “A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.”

As simple of an answer as “yes” may be, it becomes slightly complicated when the legal guidelines and procedures of a DUI checkpoint, otherwise known as a “sobriety checkpoint,” must be considered.

At The Law Office of Amy Chapman, we understand the importance of knowing your rights in any situation, especially on the road. Because of this, we’ve outlined important details and answered common questions you may have about DUI checkpoints in order to ensure that the law is being followed by all parties involved.

How Will I Know When and Where a DUI Checkpoint Is?

Learning about a DUI checkpoint in the digital age is easier than ever, and official releases from law enforcement agencies often outline when and where sobriety roadblocks will occur. While advance public notice of upcoming checkpoints is ­not required, posting adequate notice of roadblocks as they are occurring is.

In short, this means that you may not find out about a DUI checkpoint until you come upon it on the road. Police department websites, local newspapers and news websites, and local TV news stations are often your best source to finding out about DUI checkpoints prior to driving.

Amy Chapman Law Office Santa Rosa DUI Checkpoints

What Should I Expect at a DUI Checkpoint?

In general, a DUI checkpoint consists of a brief discussion with an officer to determine if you are driving while intoxicated. The interaction typically begins with rolling down the window and being asked for your driver’s license and registration.

More specifically, the officer conducting the test will be looking to see:

  • If you fumble or have trouble providing your license and registration;
  • If you smell like alcohol;
  • If you have trouble or hesitate in answering the officer’s questions;
  • If there are any alcoholic beverages, drugs or paraphernalia in the vehicle; or
  • If you exhibit slurred speech, red/watery eyes, or any other sign of physical impairment.

If a driver exhibits signs of impairment, further investigation may ensue as a result. This can lead to being required to perform a California DUI field sobriety test (FST) or a Preliminary Alcohol Screening (PAS) breathalyzer test.

Based on the results from these tests, you may be arrested if there is probable cause that you are:

  • Driving Under the Influence of Alcohol (Vehicle Code 23152(a) VC) ;
  • Driving with a BAC of .08 or greater (Vehicle Code 23152(b) VC); or
  • Driving Under the Influence of Drugs (DUID) (Vehicle Code 23152(e) VC).

Can I Legally Avoid or Refuse a DUI Checkpoint?

According to DUI defense lawyers, it is possible to avoid a DUI Checkpoint entirely by turning around and/or taking a different route—provided it is done so in a safe and legal manner. Legal DUI Checkpoints are required to post sufficient warning to drivers regarding lane closures due to DUI checkpoints, allowing drivers to bypass them altogether should they chose.

Normal traffic laws must still be obeyed when circumventing a DUI checkpoint, and you are still liable to being pulled over if you commit a traffic violation, have a vehicular defect (i.e. a broken headlight), or display signs of obvious intoxicated driving.

Once you are at a checkpoint, however, Vehicle Code 28.14.2(a) VC requires that all drivers stop and submit to these checkpoints. Refusing to comply with the officer’s instructions will likely lead to an infraction.

Amy Chapman Law Office Santa Rosa DUI Checkpoints and the Fourth Amendment

DUI Checkpoints and the Fourth Amendment

As part of our Bill of Rights, the Fourth Amendment of the Constitution states that individuals are protected against “unreasonable searches and seizures” of property by the government. In contemporary times, this amendment has expanded to protect individuals from stop-and-frisk searches, wiretaps and other forms of surveillance without probable cause.

Some have argued that certain discriminatory checkpoint practices can constitute a search without reason. Therefore, interpretation of the Fourth Amendment becomes complicated when the implications of a DUI checkpoint are brought into question.

In general, the legal requirements for California DUI checkpoints (in compliance with both the US Constitution and the California Constitution) are:

  • Supervising officers must make all operational decisions;
  • The criteria for stopping motorists must be neutral (i.e. non-discriminatory);
  • The checkpoint must be reasonably located;
  • Adequate safety precautions must be taken;
  • The checkpoint’s time and duration should reflect “good judgment”;
  • The checkpoint must exhibit sufficient indicia (such as proper signage) of its official nature;
  • Drivers should be detained for a minimal amount of time; and
  • Roadblocks should be publicly advertised in advance.

I Believe I Encountered an Illegal DUI Checkpoint, or Was Wrongfully Charged. Now What?

Should a DUI checkpoint fail to meet Federal or State Constitutional guidelines, utilize discriminatory practices in stopping vehicles/drivers, or should investigations be conducted in an unsafe or unreasonable manner, then they may be considered illegal (and possibly, a violation of the Fourth Amendment). As a driver, you have the right to challenge the legality of a DUI checkpoint in court with the help of a Sonoma County DUI attorney.

There are times where lines are crossed and harsh sentences are made, leading to legal concerns over a tarnished driving record should these charges not be dismissed.

Your safety and wellbeing are our DUI Attorney’s number one concern.

Related: California Counties With the Most DUI Charges

“Plain Smell” Doctrine Results In Two Marijuana Busts In Sonoma County

Law Office of Amy ChapmanOver the past few weeks, police in Sonoma County have made a number of arrests for transporting large amounts of marijuana. According to a report two of the arrests resulted from an officer’s report that he could smell marijuana in the car’s cabin after making a routine traffic stop. This suspicious smell then gave the officer probable cause to search the car, where he found the marijuana.

The “Plain Smell” Exception to the Warrant Requirement

In general, any time a police officer wants to search a car or a home, they need to point to some articulable facts that would justify the search. This protection from “unreasonable searches” is provided to all citizens by the United States and California constitutions. The facts cited by the police officers should be reliable indicators that some law has been broken. Furthermore, in order to actually conduct the search, the police will need to secure a warrant from a judge.

However, in some cases judges have made exceptions to the general rule requiring a warrant before a search. More specifically, judges have created a modified definition of the word “search.” For example, courts have held that a police officer who pulls over a vehicle and smells marijuana has not conducted a “search” under the terms of the law. This means that there does not need to be probable cause established in order for a police officer to take what he smells into account when determining if a person should be arrested.

Enforcing the 4th Amendment to the US Constitution

If police and prosecutors had their way, every time they seized evidence from a driver it would fit within an exception to the warrant requirement, allowing the evidence to be used against the driver at trial. However, thankfully this is not the case.

In some cases, police take shortcuts, inadvertently (or intentionally) overlooking the strictures of the 4th Amendment. In such cases, the courts will keep the evidence that the officer seized out of court because it was illegally seized. For many drug offenses, this results in the dismissal of all charges, since without the admission of the drugs into evidence, there is nothing for the prosecution to move forward with.

It therefore becomes incredibly important in all drug offenses to ensure that the proper motions are filed pre-trial to keep out any and all illegally seized evidence. For questions about illegal searches and seizures in California, call a dedicated Sonoma County criminal defense attorney to speak about your case.

Have You Been Arrested and Charged with a Possessory Offense?

If you have recently been charged with a possessory offense–such as possession of narcotics or possession of a weapon–the seizure of the item likely was the result of a “search” under the terms of the U.S. and California constitutions. If so, in order to be legal, it must meet the dictates of the 4th Amendment in order for the evidence to be admitted at trial. Attorney Amy Chapman has years of experience arguing motions to suppress illegal evidence in all kinds of cases, including drug cases. To learn more about search and seizure law in Sonoma County, call (707) 636-3207 to set up a free consultation with Attorney Chapman.

Santa Rosa Police Seize 135 Pounds Of Marijuana And AK-47, One Man Arrested

Law Office of Amy ChapmanEarlier last month in Santa Rosa, police got word that the residents of an aging commercial facility that had been converted into three mechanic’s bays were acting hostile towards a city inspector present to issue a cease-work order. The facility is located at 1905 Sebastopol Road. According to a report by the Press Democrat, when police arrived, they were met by several people, many of whom hid in various places throughout the facility.

Police ordered everyone out, and many refused at first. However, eventually more police showed up on the scene and those who were hiding complied with police directives. Soon after, police entered the facility and saw what they claimed to be large amounts of packaged marijuana. Police then secured a search warrant for the facility.

Upon executing the search warrant, police ended up seizing 135 pounds of marijuana, one pound of methamphetamine, an AK-47, a handgun, and $3,000 in cash. Just one 39-year-old man was arrested and charged with suspicion of possession of marijuana for sale, possession of an assault rifle, and possession of methamphetamine. The exact nature of the man’s connection to the property remains unclear.

The Warrant Requirement in the California and United States Constitutions

As the article notes, before police engaged in a full search of the premises they obtained a search warrant from a judge, permitting them to do so. While this has come to be seen as a formality in some cases, in reality the warrant requirement is a critical protection offered by both the California and United States Constitutions.

The Fourth Amendment to the United States Constitution and Article I Section 19 of the California State Constitution protect citizens from illegal searches and seizures. This has come to mean that police officer must secure a warrant before conducting a search of a premises or a seizure of a person or item. Of course, there have been numerous exceptions allowed to the warrant requirement over the years, but the general rule remains the same: police need a warrant to conduct a search.

In order to obtain a warrant, police must provide a judge with “probable cause” that evidence of criminal activity will be discovered upon execution of the warrant. In the case described above, the officers’ direct observation of what they believed to be large amounts of pre-packages marijuana in open view was likely sufficient for the judge to issue the search warrant.

Have You Been Arrested and Charged with a California Drug Offense?

If you have recently been arrested and charged with any kind of drug offense in California, there was likely some kind of search conducted by the arresting officer. This search likely needed to be justified by the existence of probable cause. If an officer is unable to articulate what facts gave him or her probable cause, it is possible that the search was illegal and any evidence obtained due to the search is inadmissible at trial. To learn more about search and seizure law in California, contact attorney Amy Chapman to discuss your case. Attorney Chapman has years of experience defending her clients against all types of drug and weapons offenses. Call (707) 636-3207 today to set up your free initial consultation.