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Wet and wreckless - point count duration?

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natedj

Junior Member
What is the name of your state? CA

I am here seeking advice regarding my dui. On 12-31-05, I caused an accident and totalled both my vehicle and the other party's vehicle. I submitted to a breath test and blew .06 % BAC. After hiring a lawyer, I appeared in court. The judged dropped the misdemeanor DUI charges and listed my violation as "wet and wreckless." The DMV printout shows my violations as follows:

Section Violation: 23140 VC
DMV Point Count: 2

Type of accident code: 5
Sobriety code: 2
Injury code: 2
Fatality code: 0

I was instructed (by DMV) to attend and complete the 6-week educational component of a DUI program. I will complete the program as of 1-18-07. I realise that my future insurance company will need to submit an SR-22 form showing financial responsibility.

My questions are as follows:

1. Will my insurance premium rate increase? If so, will it increase dramatically? How long will I see this increase?

2. How long will this charge be on my DMV record? How long will it take to remove the 2 points from my license record?

3. Are there any particular insurance companies that I should be focusing on for future coverage? Recommendations?

Thanks for taking the time to share your advice!

-Nathan
 


CdwJava

Senior Member
natedj said:
1. Will my insurance premium rate increase? If so, will it increase dramatically? How long will I see this increase?
You'll have to ask your specific insurer. It will probably increase.

2. How long will this charge be on my DMV record? How long will it take to remove the 2 points from my license record?
The conviction will remain on your DMV record for 7 years. The lookback period for determination of points is only 36 months.

3. Are there any particular insurance companies that I should be focusing on for future coverage? Recommendations?
Call around. Remember, the cheaper they are, generally the less their coverage and support. If you are offered a great deal, be sure to read what the policy includes ... or under what conditions you will NOT be covered. Read the fine print.

- Carl
 

natedj

Junior Member
Carl-

Thanks for the speedy and thorough reply!

What is the difference between the 36 month lookback period and the 7 year record?

In God ;)
-Nathan
 

CdwJava

Senior Member
natedj said:
Thanks for the speedy and thorough reply!
You're welcome.

What is the difference between the 36 month lookback period and the 7 year record?
The 23140 will be visible on your DMV printout for 7 years. However, when determining points, the DMV only looks back 36 months from the day of the determination to accumulate points. So, your point count as of today would include only those violations worth points that go back to January 13 of 2004. Every conviction prior to that date would NOT be counted for points against you even though they would still remain on your record.


- Carl
 

natedj

Junior Member
Once again, thank you for your advise and replies. I will take this information into consideration. I appreciate your time invested.

-Nathan
 

garrula lingua

Senior Member
23140 is an underage DUI.

It doesn't count as a priorable DUI.

When you say the Judge made it a wet & reckless, check your paperwork - a VC 23103 per 23103.5 (wet & reckless) IS a priorable DUI.

What were you convicted of ? VC 23140 or VC 23103 per 23103.5 ?

PS: People frequently refer to '7 years' as the period during which a prior DUI can be used as an enhancement. This changed in 2005 -- it's now 10 years.
DMV continues to use 7 years history reflected on their records. Prosecutors see a full history.
 

CdwJava

Senior Member
I weas confused by the same thing - a "wet reckless" and his mention of 23140. I'm assuming that he had a 23152 dropped to a 23140, but I just can't say for sure (of course).

- Carl
 

natedj

Junior Member
My ORDER OF COURT / CONDITIONS OF PROBATION paperwork lists the following:

Charge(s): 2)23140(A)

*misdemeanor was marked but later crossed out with the word "infraction" written over the top*

My DMV ORDER OF SUSPENSION paperwork says the following:

This action is taken under the authority of section 13352.6 CVC because of the following

Section Violated - 23140 VC

From what I have been through, it seems that DMV and the Judicial system in CA don't agree or something. It seems that the turnout was inconsistant across the 2 different bodies.

Is this just an illusion or am I experiencing different reactions from different ruling bodies?

-Nathan
 

natedj

Junior Member
I recently examined the Clerk Minutes paperwork (in which my lawyer appeared in court and voiced a plea of "Not Guilty" Plea entered by the Court as to all counts) and found that the initial Charges were the following: 1. VC23152 (A)<F1 2. 23140 (A)

-Nathan
 

CdwJava

Senior Member
It looks like they dropped the 23152(a) (DUI) and gave you, instead, the lesser offense of CVC 23140.

23140. (a) It is unlawful for a person under the age of 21 years
who has 0.05 percent or more, by weight, of alcohol in his or her
blood to drive a vehicle.


So, your BAC was .05 or greater, I take it.

And here is the suspension authority ... note the "shall immediately suspend" language:

13352.6. (a) The department shall immediately suspend the driving
privilege of any person who is 18 years of age or older and is
convicted of a violation of Section 23140, upon the receipt of a duly
certified abstract of the record of any court showing that
conviction. The privilege may not be reinstated until the person
provides the department with proof of financial responsibility and
until proof satisfactory to the department, of successful completion
of a driving-under-the-influence program licensed under Section 11836
of the Health and Safety Code has been received in the department's
headquarters.


The acts appear to be consistent with the law. You either pled guilty or were found guilty, the court sent the abstract of the conviction to the DMV, and the DMV suspended your license.

- Carl
 

natedj

Junior Member
Oh, I think I understand. If I was convicted of the initial charges of 23152(a) (DUI), my punishment conditions would be more severe?

I have since made MAJOR changes in lifestyle and responsibility. At that particular point in my life, I was immature and considered myself "invincible." I have recently made many steps to maturity and responsibility.

At this point in my life, my main concern is finances (don't see that changing in the near future haha). Wakeup call! Anyway, I have recently been quoted prices around $1300 for 6 months of insurance. Is there any way to establish and confirm my new lifestyle. I struggle with the fact that my past actions are weighing me down. I realise that I deserve what has happened and if it had never happend that I might not be at the point I am in present day and age. I don't know if I can afford a vehicle/insurance/costs! I'm a full-time student working at a restaurant. Will I experience the extreme insurance costs and DUI on my DMV record printout for the next 6 years (being that the incedant occured over 12 months ago)? I am also concerned about my future jobs and unclean record.

-Nathan
 

CdwJava

Senior Member
natedj said:
Oh, I think I understand. If I was convicted of the initial charges of 23152(a) (DUI), my punishment conditions would be more severe?
Almost certainly.

I have since made MAJOR changes in lifestyle and responsibility. At that particular point in my life, I was immature and considered myself "invincible." I have recently made many steps to maturity and responsibility.
Very good! :)

I don't know if I can afford a vehicle/insurance/costs!
Certainly understandable. But, until your license is reinstated you have to be a pedestrian anyway. It may be time to learn bus schedules, schmooze with friends going to school when you are, and otherwise learn to take advantage of what you can. There's not really anyway of getting around the suspension.

Will I experience the extreme insurance costs and DUI on my DMV record printout for the next 6 years (being that the incedant occured over 12 months ago)? I am also concerned about my future jobs and unclean record.
You'd have to ask your insurer about how long THEY hold the DUI against you, but it only counts as a point for 36 months.

The only jobs that might be greatly effected by a prior DUI would be driving jobs. Depending on your potential career, a few-years-old DUI is not likely to be greatly debilitating provided you have shown a track record SINCE that time of responsible behavior.

It's all about what you do from this point forward.

- Carl
 

moburkes

Senior Member
If its on your driving record, it will be reflected in your insurance premiums. Insurance companies don't care about how you act TODAY. They care about how you acted before. Why? Previous behavior is an indicator of future behavior. If you've never done it before, they don't assume that you will ever do it. If you've done it before, it is likely (more likely than not) to happen again. The rates are based on aggregates, not individual circumstances. The older the violation, the less likely it is to cause an impact on your premium. My only suggestion: shop around every 6 months. Keep your credit good as well.
 

natedj

Junior Member
I understand. Thanks so much for the advice. It is hard to imagine that quality advice is available at my fingertips for free. I genuinely appreciate the efforts. Thanks so much!

My license will be reinstated pending the completion of the program that I will finish as of 1-18-07 (next thursday) and the DMVs reciept of the SR-22 form! This is why I am making a conscious effort to gather information and good advice. I will be making wise decisions from this point on. I have also seen some of my friends change their views/behaviors as a result of my problems. Bonus!

-Nathan
 

garrula lingua

Senior Member
OP, check your sentencing sheet, not the charging document (and, not DMV - ck the court paperwork).

How old are you ? Are you under 18 years old ?

A 'wet and reckless' is a VC 23103 per 23103.5; it is a priorable DUI. The terms are more flexible, but it is a DUI, and carries the same effect for future offenses.
It is much more serious than a 23140, which can be an infraction & is not priorable.

Which did you plead to: the VC 23140 or the VC 23103 ?

If you paid for an attorney, s/he should have advised you of the consequences of your plea, and you MUST be aware of what you pled 'guilty/no contest' to. You may want to call that attorney and ask these questions of that attorney.

Check the exact code section you pled to.
 

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