Reduction to Reckless Driving
Are you trying to get at Reduction to Reckless Driving for a DUI? In many cases, the State Attorney and your attorney may both arrive at the same conclusion after thoroughly investigating your case: this case, if it goes to trial, really could go either way. Maybe the blow is just over the limit, but the driving isn’t too bad and you look good on the video; or maybe the blow is under an 0.08, but the driving is awful, or the client looks and sounds really drunk on video. In this situation, both side often arrive at as compromise option that a client may decide to take—pleading to a reduced charge of reckless driving.
Reckless driving is a criminal traffic misdemeanor offense, and you can get up to a year in jail for the offense. Now, you may be thinking, wait, that’s 6 months longer than you can get for a first time DUI! Why take that option?
Several reasons may apply to your situation that would make this appealing to a DUI Defendant. First, there is no required license suspension for reckless driving, nor is there a requirement for your vehicle to be impounded. For people whose very livelihood depends on driving, this can be a deciding factor. Also, reckless driving does not have as severe an impact on most people’s insurance rates as a DUI conviction. Also, if you are facing a second DUI offense within 5 years, there is a mandatory 10 day jail sentence, while a reckless driving requires no mandatory jail sentence. Finally, for some people, it gives them certainty.
Any honest criminal defense attorney will tell you that in most cases that go to trial, you can never be completely sure how a jury will decide the outcome. A plea to a reduced charge gives the Defendant the certainty of knowing exactly how the case will be resolved, and avoids the most severe consequences of a possible DUI conviction. We will review and prepare your case expecting it to go to trial, but we never pass up on the opportunity to provide our clients with every possible positive resolution to their charges. It may be that, in the end, a reckless driving reduction option, if it is on the table, will be the best choice for you. Your attorney will be able to properly advise you so you can make an informed decision.