Answer
In this California-specific video, Dod Ghassemkhani of Dod Law explains that a DUI may be negotiated down to a wet reckless disposition in suitable cases. He discusses factors such as the alcohol result, a first offense, the absence of a collision, weaknesses in the evidence, and mitigation, along with potential differences in probation, fines, and licensing consequences.
This third-party video was created by Dod Law in San Diego and features attorney Dod Ghassemkhani. It discusses California law and practice as described in the March 2022 recording.
Ghassemkhani explains wet reckless as a negotiated reduction from a DUI allegation, rather than the initial charge discussed in the video. Whether a reduction is available depends on the facts and the prosecutor’s assessment.
He describes a first offense, no collision, and a relatively low alcohol result as circumstances that may make a reduction more realistic. A very high alcohol result or a collision can make negotiations more difficult, although problems with the evidence may also affect the case.
The video recommends working with counsel on mitigation. Examples include appropriate education or support meetings, character letters, and continued work or school participation. These materials can help the attorney present the client’s circumstances during negotiations.
Ghassemkhani discusses potential benefits of the California disposition as described at the time of recording: a shorter probation period, lower fines, and an earlier opportunity to seek record relief compared with the DUI alternatives he describes. He gives examples of one year of probation and fines lower than those associated with a DUI, while emphasizing the negotiated circumstances.
He also distinguishes a conviction-related license consequence from an independent DMV hearing. A wet reckless resolution may avoid the additional suspension he associates with a DUI conviction, while an adverse DMV hearing can still result in a separate suspension.
The video discusses possible alcohol education requirements and a Mothers Against Drunk Driving class. The program requirements depend on the case and the negotiated terms described by the speaker.
This page summarizes a California video by Dod Law. For the firm’s separate South Carolina practice, visit The Bateman Law Firm’s DUI defense page.