Can I Plead to a "Wet Reckless" in Kansas?

Plea bargaining a reduced charge in Kansas drunk driving cases.

In some states, it’s possible for a motorist who’s accused of driving under the influence (DUI) to “plea bargain” for a lesser charge. When such a plea bargain is for a reckless driving charge, it’s sometimes called a “wet reckless.”

Plea Bargaining in Kansas DUI Cases

Kansas law prohibits prosecutors from reducing a DUI charge where the purpose of the reduction is to permit the defendant to avoid the mandatory DUI penalties. For other purposes, however, plea bargaining is allowed. For instance, a prosecutor might be justified in agreeing to a lesser charge in a case where the evidence supporting the DUI charge is weak.

(Kan. Stat. Ann. § 8-1567 (2017); State v. Compton, 233 Kan. 690 (1983).)

Benefits of a Wet Reckless Plea

The benefits of pleading to a wet reckless are simple: The penalties for a reckless driving violation are less severe than those for a driving under the influence conviction.  

Talk to an Attorney

If you’ve been arrest for driving under the influence, talk to an experienced local DUI attorney. The facts of every case are different. A qualified DUI lawyer can talk to you about what the possibilities are for your case.

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