Out of State DUI, Possible Wet Reckless

[dd2013]

Hey everyone,

I am a NJ driver who got arrested for a DUI while in Virginia a few months ago. It was the night of my dad's funeral and some friends had taken me out for obvious reasons. My dad had died only a few days prior and I was still pretty numb, so I didn't realize I was over the legal limit when I drove my friend home. (Also being from the NY area, I haven't ever had to think about drinking and driving, we just take the train when we go out.) I started crying on the way back to my parents' house, started swerving and got pulled over. Dumb me submitted to a breathalyzer and was arrested. Flash forward to the present. My court date is on Monday and my lawyer informed me today that the prosecution is willing to bump me down to wet reckless given the circumstances and since I have a clear driving record and this is my first offense. My license would still be suspended for a year in VA, I would still have to pay all the fines, take all the classes, but the price of the deal is two days in jail.

My question to all of you is - is it worth it? If I got reckless driving I know NJ would be much less likely to suspend my license, if I got a DUI I know they would definitely suspend it and possibly fine me separately, rendering me unable to drive anywhere for a year. But the thought of any jail time scares me, and having jail time on my record worries me. Is a reckless driving charge with 2 days in jail better than a DUI when it comes to my record, employment, insurance, expungement, etc? I have until Monday to decide. I would be grateful for any advice.

Best,

J

 

[FlyingRon]

You can get jail for either DUI or Reckless Driving in Virginia. However for the first offense, this is unlikely. In Virginia, the reckless suspension is six months, but DUI is a year. You are right that a reckless driving (there's no specific "wet" charge in VA) would have distinct advantages when it comes to cross-state penalties. NJ is even more radical than VA. The reckless suspension is capped at 90 days.

Definitely get a lawyer.

 

[dd2013]

You can get jail for either DUI or Reckless Driving in Virginia. However for the first offense, this is unlikely. In Virginia, the reckless suspension is six months, but DUI is a year. You are right that a reckless driving (there's no specific "wet" charge in VA) would have distinct advantages when it comes to cross-state penalties. NJ is even more radical than VA. The reckless suspension is capped at 90 days.

Definitely get a lawyer.

Thanks for your response! As I said in my OP I have a lawyer, and he's told me that if I took the reckless driving deal the prosecutor would DEFINITELY want two days in jail. I'm more worried about how this might affect my NJ license and how it will look to employers.

 

[FlyingRon]

Thanks for your response! As I said in my OP I have a lawyer, and he's told me that if I took the reckless driving deal the prosecutor would DEFINITELY want two days in jail. I'm more worried about how this might affect my NJ license and how it will look to employers.

Well I'm not going to second guess your attorney. Every GDC is slightly different in the state. Was there something else going on (do you have priors? was there some aggravating factors?)

 

[HighwayMan]

If you're not happy with your attorney's advice then maybe you need to consult with another. Otherwise, go with what your attorney is telling you - that's what you pay him for.

It sounds as if the prosecutor is playing tough. I can only imagine what the penalty would be if you're found guilty after a trial.