Question: How can I qualify for a wet and reckless driving charge instead of a DUI?
Detail: I was driving home from a birthday party, and was feeling
sober. I was pulled over for speeding, and I got a DUI. My BAC was
around 0.09. How can I qualify for a wet and reckless? I have a good
record besides this.
Answer: Unfortunately, in New York State, a plea bargain for a conviction of
"wet reckless" (reckless driving involving alcohol) is barred by statute
under New York State Law.
Question: Do I need to turn myself in to the police?
Question Detail: Hit and run at fault. Police report filed. I have not turned myself in yet - wondering if I should.
Answer: You should first contact a criminal defense attorney and ask him to
accompany you to turn yourself in. There is probably a warrant issued
for your arrest, and the longer that you wait, the worse the
consequences may be.
Question: Can you get a DUI if your blood alcohol content is less than the legal limit?
Detail: My son informed me that he was pulled over on Tuesday night and
got a drunk driving charge. He was with his friend in the car and they
were driving on their way home. My son still lives with us. He says
that the officer gave him the field test and he passed and that he
passed the breathalyzer too but that they still gave him the DUI? Is
Answer: If the officer doesn't have the results of a breathalizer, then it will
be difficult for the officer to prove the case in court. Without the
breathalyzer, then all the police officer can go on is his observations,
which by themselves are not enough to prove DUI.
Your son should have been given some appearance ticket if he was
charged with DUI. Ask him to show it to you so you can see what the
actual charge is. Please feel free to contact me directly at any point
if you wish to know more, and you find the specific charge he received.