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Sponsor Seeks to Close 'Wet Reckless' Loophole by Counting Certain Reduced Reckless Convictions as Prior DWIs
Summary
HB1248 would treat certain prior reckless‑operation dispositions tied to substance impairment as prior DWIs for sentencing within a 10‑year lookback window. Sponsor and state troopers argued it would reduce repeat impaired driving; some members urged careful drafting to avoid Apprendi and sentencing challenges.
Representative Jay Markell introduced HB1248 to close a perceived loophole in impaired‑driving law where prosecutors or courts reduce a DWI charge to reckless operation (a so‑called 'wet reckless') and that reduced disposition does not count as a prior for subsequent DWI sentencing. Markell told the committee that repeat offenses are common and that closing the loophole would…
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