Reckless Driving as a Plea Bargain Option for DWI or DWAI
New York has two types of offenses relating to operation of a vehicle while drunk or drugged: DWI (driving while intoxicated) and DWAI (driving while ability impaired). Both can have serious consequences, including jail, fines and loss of driving privileges.
If you are charged with a DWI , you generally cannot plea bargain to anything other than a charge listed within the same section of the vehicle and traffic code. However, in limited circumstances, you can plead to reckless driving — a traffic offense that does not have an alcohol component. This is commonly known as a “wet reckless” and can help you avoid certain penalties that come with a DWI conviction. Notably, reckless driving does not require license suspension, which may be imposed for DWI.
However, getting a district attorney to agree to a wet reckless in a DWI case is not to be taken for granted. The district attorney must determine that a DWI charge is not warranted, which in turn requires that a specific basis put on the record. You will have to show specifically the weaknesses in the state’s case. Was there a bad stop? Were field sobriety tests administered properly? Was the breath test machine properly calibrated? Sometimes motions need to be filed to challenge the validity of evidence. If a judge declares a certain part of the evidence inadmissible, your chances at a better deal or a dismissal altogether increase greatly.
If you are charged with a DWAI in New York, the possibility of pleading to a wet reckless is much greater. The New York vehicle and traffic code does not limit a district attorney’s ability to reduce a DWAI to an entirely different offense. However, DWAI is not as common a charge in New York as DWI.
Whether you are charged with a DWI or a DWAI, it is important to have your case examined by an experienced attorney who can serve as your counsel in seeking a favorable disposition.
At the Law Office of Maurice J. Verrillo, P.C., we have over 30 years of experience in successfully helping people with legal issues. We are a family-focused, Christian law firm committed to advancing our clients’ best interests. To schedule a free consultation, call us at 585-563-1134 or contact us online.
July 15, 2020 Posted in Criminal Defense Tagged DWI charges in New York, pleading to wet reckless in NY, reckless driving plea bargains for DWI Comments Off on Reckless Driving as a Plea Bargain Option for DWI or DWAI
