It is very difficult to tell from the beginning whether a DUI charge can or will be reduced to a criminal reckless driving charge. Generally, if the defense develops a strong enough case, and the prosecutor is afraid that he or she may lose, they may consider reducing the DUI to reckless driving.
What are some issues in my DUI that may result in it being reduced?
The most common is if the defendant appears to do very well on the video recorded field sobriety exercises and there is no "blow" (the person does not blow in the breath test machine) or the results of the breath test are very low (usually below .10).
There are many other scenarios that can result in the state agreeing to drop the DUI to a reckless. Some of the reasons include a defendant that presents some other evidence accounting for the alleged signs of intoxication, such as a defendant who presents a prescription for a non-controlled substance or a defendant who presents evidence of a medical condition (such as a bad back, bad legs, or a neurological condition) that may account for erratic behavior.
It is also possible to have a DUI reduced if the defense attorney is able to uncover a potential legal issue or issues with the DUI that if pursued, may result in the DUI case being dropped altogether or substantially weakened for the prosecutor. The prosecutor will then be more amenable to negotiations. There are myriad legal reasons that may present. Some more common ones are questionable stops, an improperly performed breath test, or improperly performed field sobriety exercises.
Why should I hire Soler & Simon to fight my DUI?
The DUI and criminal defense attorneys of Soler & Simon have both prosecuted and defended hundreds of people charged with DUI's in Florida. We take great pride in our accomplishments and have hundreds of satisfied clients. We offer a free consultation and case evaluation and are available to you 24 hours a day, 7 days a week. Call (941) 444-5128 to speak with a DUI attorney at our firm and begin fighting your DUI.
Our DUI attorneys have extensive experience representing people who have been arrested for DUI. Please visit our DUI page for more information on how we can help you fight your DUI case.