What Is A Florida Wet Reckless - Daytona Beach DUI Attorney Seminole County Criminal Defense Lawyer

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What Is A Florida Wet Reckless

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Volusia County Call 386-451-5112

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Seminole County Call 407-883-6853
 
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Daytona Beach Reckless Driving Lawyer
Seminole County Reckless Driving Attorney

In DUI and Florida reckless driving litigation you have two types of reckless driving charges. Wet reckless is a reckless driving with drugs or alcohol present. A wet reckless is different from a dry reckless in that a DUI alcohol class and evaluation with the possibility of treatment is part of the sentence. The classes in Central Florida are referred to as The Counter Attack Class in the Orange County, Seminole County and In the Tampa St. Pete area. In Volusia County and Flagler County the class is The Alcohol Safety and Education Class (ASEC). A Dry reckless refers to a standard reckless driving without the presence of drugs or alcohol. The dry reckless does not have DUI classes as part of the sentence. A wet reckless occurs in two situations in Florida. The first is when someone is under the influence of drugs or alcohol and driving recklessly. If reckless driving occurs and the accused’s normal faculties are not impaired to the point of DUI reckless driving could be charged. This would expose the accused to being required to perform a DUI class. A Florida wet reckless also occurs as a tool The State Attorney’s Office uses to resolve cases. It is a common tool in some jurisdictions to show leniency to deserving individuals. A Florida wet reckless is also a common resolution to a DUI case that has some proof issues. The sanctions for a DUI reduction to wet reckless often are identical to a DUI with a few exceptions. A wet reckless in Florida usually does not carry a license suspension (although the driver’s license may be suspended administratively separate from the criminal case or based upon points) and does not require impound. In some cases a C restriction (business purpose only) may be placed on the license. The sanctions often include around $1000 combined fines and court cost, cost of prosecution to The State Attorney’s Office, cost of investigation to the police department, DUI classes Counter Attack or ASEC (depending on location) and Victims Awareness Class, 50 hours of community service, probation and drug tests. If you are receiving a reduction from DUI to wet reckless the States leniency will not save you from the administrative driver's license suspension.

Each County, Prosecutor, Judge and case is unique so sentencing may vary from case to case. The advantage of a reckless driving reduction is it does not have the level of mandatory enhanced punishment for a second offense that a DUI carries. It also can save your license if you prevail at the administrative review hearing or are not suspended administratively such as in a DUI based on urine results. A reckless driving will raise your insurance but not as much as a DUI conviction. If a case has substantial issues it may be reduced to a dry reckless. If reduced to dry reckless and adjudication is withheld points will not be assessed on your license and the fines and court cost might be reduced as low as $300-$400 depending on the jurisdiction.

Another benefit of a reckless driving reduction is the impact it will have on insurance. In Florida the FR-44 has been required since February 2008. The FL FR-44 has higher limits in the amount of 100,000/300,000/50,000. A driver must have these new required Liability limits (instead of the previously lower limits of 10/20/10) in place on the offense date of the alcohol related offense to not owe a reinstatement fee but will still need to provide the state with an FR-44. If they did not have the required limits a driver who had their license reinstated prior to February 2, 2008, only paid a $15 reinstatement fee. The reinstatement fee is now $150, $250, or $500 dollars. The increased insurance coverage results in increased insurance cost. With a DUI you will not only have high risk insurance but you will also have to carry a high policy limit. High policy limits and high risk amount to dramatic increases in cost. A reckless driving is not good for insurance cost but it will not require you to obtain FR-44 insurance.

Free Consultation

Attorney Kevin J. Pitts
747 South Ridgewood Ave., #105
Daytona Beach, FL 32114
PHONE (386)-451-5112
CELL (407)-883-6853
FAX (407)-732-4834

pittslaw@gmail.com

Free Consultation

Attorney Kevin J. Pitts
4195 N 17-92
Sanford, Florida 32773
PHONE (407)-268-3688
CELL (407)-883-6853
FAX (407)-732-4834

pittslaw@gmail.com

 
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