Can I get my DUI reduced to a reckless driving?

It’s quite possible.  But to determine whether or not there is a likely possibility of a reduction of your DUI charge, you have to understand the mindset of the State Attorney.  Consider the following:

1. State Attorneys want convictions.  High convictions percentages increase the likelihood of a happy State Attorney- constituency, and a better chance at reelection.
2. State Attorneys want to win at trial.  Or perhaps more accurately, State Attorneys do not want to lose at trial.
3. State Attorneys give great weight to the client’s past.  If the client has a history of DUI’s, negotiations with the State will be more difficult.  If that client gets a great deal from the State Attorney and then hurts someone in a drunken driving related incident, the State Attorney has committed political suicide.

Your DUI attorney should always consider these factors when attempting to negotiate a reduction of the charge or an outright dismissal on your behalf.   If your case has good facts, your dui attorney may discuss with you the possibility of attempting to negotiate a reduction of the charge before setting the case for trial.  For example, a defendant who had blood alcohol content below a .08 would likely make the state second guess the strength of its case.  In such a case, a dui attorney would discuss the possibility of a reduction of the charge with the client as a potential alternative to a trial.  A reckless driving may please the client, while at the same time providing the State with a conviction to keep its “stats” up.  The reckless driving plea deal also has the advantage of saving the state attorney the potential embarrassment of losing at trial.

Alternatively, consider the situation where the police may have made an illegal stop, but may have acted legally.  An illegal stop can result in suppression of the evidence gathered by the police subsequent to the illegal stop.  The defense dui attorney files a motion to suppress the evidence gathered.  The prosecutor understands that if the motion is granted, he will be unable to use the evidence gathered by the police, and will have to dismiss the case. The possibility that the prosecutor will lose the motion may very well be enough for the State Attorney to offer a reduction of the charge.

Finally, remember that a client’s past is an important factor in the State’s decision to reduce the case.  If the client has been convicted multiple times before for other DUI charges, the State Attorney is more likely to roll the dice and take his chances at trial.

To analyze the potential of a reduction of your Dui to a reckless driving charge, always consult a dui attorney.

Under category: Uncategorized | March 10th, 2010 | 1 Comment »