Reckless Driving?
Can I get my DUI reduced to a reckless driving? What are my chances of getting a reckless? These are some of the most common questions DUI Lawyers hear. Even, if the client does not know exactly why they want their DUI charged to a reckless driving or some other resolution, they inherently know that it is a lot better than being adjudication guilty of drunken driving in florida.
Why a Reduction To A Reckless is Such a Good Thing
First, the penalties for resolving your case for a reckless driving are much less severe than the mandatory penalties inherent in a DUI conviction. A DUI is a first degree misdemeanor, punishable by up to 1 year in jail. A reckless, on the other hand, is a second degree misdemeanor, punishable by a max of 60 days in jail. A DUI has minimum mandatory penalties. For example, if you are convicted of drunk driving in Tampa, FL , you must pay a minimum of $1000.00 in fines and court costs, must take DUI school, must have your car impounded for ten (10) days, must have a 6-12 month driver license revocation, and must, if you breath test is over a ,.15, have the ignition interlock device installed on your car. By must, we mean that the Judge and State Attorney is without a choice to give you a better deal. The lawmakers in Tallahassee have spoken, and one convicted of drunk driving must serve the minimum.
A reckless driving or other conviction, however, does not carry these mandatory conditions. With a reduction to a reckless, everything is on the table and negotiable. So, clear, the penalties have the potential to be much less with a reckless driving.
Reckless Driving: Without the Stigma that a DUI conviction in Tampa, FL Brings
There is a bigger, (and more intangible), benefit to resolving your Tampa DUI matter with a reckless driving: you don’t have to tell current/future employers/ loved ones that you have been convicted of a DUI in Tampa or anywhere. Right or wrong there is a social stigma attached to having a DUi conviction on your record. And many jobs, such as driver jobs will not hire an employee with a DUI in his or her background. Accordingly, not being convicted of a DUI is preferable if at all possible.
Is a Reduction to a Reckless Driving Possible In My Case?”
We go into every case looking to see if a reduction (or dismissal) is a possibility. And in most cases, reducing the charge is possible. However, whether the charge is possible or just probable depends on the facts of your case, your criminal history (if any), and the prosecutor assigned to your case.
At its heart, the biggest issue is: Can the State (the prosecutor) possibly lose their case? We look for a bunch of little problems, or one or two rather big problems.. And we then present them to the prosecutor. We try to present the case to the prosecutor in a way that shows them all the problems in their case, and that they could lose the case either on a legal issue, or at trial (on the facts).
Of course, if you have a bunch of DUI’s in your past you have a worse shot at a favorable resolution than someone with a clean history.
But if I get a lawyer that knows the Judge, does that increase my chances of getting a reckless?
Not at all. The Judge has power in how long of a sentence you get, but the Judge has no power in whether the charge is amended, or reduced, to a reckless driving. For the most part, the Judge has no power in dismissing your case (except in a few unique scenarios). Rather, the power to reduce or amend is entirely with the State Attorney.
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