- February 5, 2022
If you were caught driving under the influence, it could go into your records. However, there’s a possibility that your DUI charges could be dismissed before the trial even begins. Usually, DUI cases get reduced when an experienced criminal defense lawyer defends your case. However, there are also times when the prosecutor dismisses the case because of known defects.
If you got arrested for driving under the influence, there might be a way to avoid a conviction. Most times, it depends on the circumstance of the incident. This article will explore the different reasons why the prosecutor could reduce your DUI charge to reckless driving.
Difference Between DUI and Reckless Driving
You might be wondering why you should plead guilty to reckless driving rather than simply going to trial to fight against the DUI charges. There are several reasons why reckless driving is a better option than drunk driving. To begin with, reckless driving doesn’t come with the same stigma as drunk driving. This means your employment opportunities won’t be negatively affected by a DUI conviction in the future.
Another reason why you should plead guilty to reckless driving rather than a DUI conviction is that the penalties are far less. A first-time DUI offender might get up to a day behind bars, thousands of dollars in fines, and hours of community service. Additionally, you could face license suspension while you’re mandated to take some alcohol education courses.
On the other hand, a reckless driving conviction penalty could be a thousand-dollar fine. You don’t have to bother about jail time or community service. Additionally, you won’t be required to take any course, and your license won’t be suspended.
Reasons Why DUI Charges get Reduced to Reckless Driving
Every DUI charge is different. The case usually depends on the police following the correct procedure and the tests conducted. Below are some reasons why the prosecutor could reduce your DUI charges to reckless driving.
Police Didn’t Have Proper Grounds to Stop Your Car
The police can only stop you if you violate traffic rules by speeding or running a red light. They can also stop your car if they feel your driving poses a danger to others on the road. An example is if you’re weaving in and out of lanes.
However, if you were not violating any traffic rules and not breaking any laws, the police don’t have the proper grounds to stop your vehicle.
Illegal Seizures or Searches
The police cannot search your vehicle for alcohol containers or evidence of driving under the influence without probable cause. TIn some cases, they also need to obtain a warrant, but this isn’t popular in DUI arrests. Therefore, there’s a need for probable cause, as an illegal search or seizure violates the fourth amendment.
Illegal Tests
There are some sobriety tests that police officers should give when conducting a DUI arrest and specific methods they should run the test. They should adequately inspect the test machine, or the test could be deemed invalid. If the tests are invalid, your DUI lawyer can prove the arrest is also invalid.
How the System Works
To get your DUI charges reduced to reckless driving, you need to understand how the system works. To understand better, learning the roles of each party in the case is crucial. First, the police officer’s role is to establish probable cause and effect an arrest. After that, they’re charged with seeking justice and reviewing the officer’s investigation to file the right offense based on the facts. Then, on the other hand, the prosecutor secures the conviction.
Your DUI defense lawyer tries to get the best possible outcome for you. Their role is to convince the prosecutor that they should reduce your DUI charges to reckless driving. The judge presides over the court proceeding and is equally fair to the defense and prosecution.
Therefore, the judge doesn’t reduce your DUI charge. The prosecutor is the only party who can amend the charge. That’s why it is vital to have an expert DUI defense attorney on your side to negotiate on your behalf effectively.
Contact Our DUI Defense Attorneys Today!
DUI charges can sometimes result in jail time and several other penalties. It could also cause you a higher insurance premium, amongst other consequences. Luckily for you, some defenses could help convince the prosecutor to reduce your DUI charges to reckless driving. To achieve this, you need an experienced DUI defense attorney on your side.
The professional DUI defense attorneys at Orangeburg DUI Guy are committed to getting you the best deal at all times. Contact our expert DUI defense lawyers to discuss your case and determine if we can reduce your charge from a DUI to reckless driving.
