Reducing a DUI Charge to Reckless Driving – A “How To” Guide

In Florida, the crime of DUI is very serious. While a first time DUI is “only” a misdemeanor, it still carries harsh penalties, including a six month license suspension. Additionally, a DUI stays on your record for 75 years!

When most people get a DUI, the first thing they think is “how can I beat this?” It’s not that you don’t want to own up to your mistake; but rather nobody wants to have to explain that DUI on every single job application he or she fills out for the next seven decades. Additionally, when convicted of DUI you face increased insurance premiums and of course the possibility that your next DUI will have heightened consequences.

In all criminal cases, there is always the possibility of having the charges reduced or dismissed. When it comes to DUI, it seems that the “go-to” reduced charge in Florida is Reckless Driving. While a conviction for reckless driving will still probably carry penalties such as a fine, probation, and a misdemeanor on your record, you do not have to live with a DUI on your record for 75 years and the Court will not issue you a license suspension. Furthermore, you will not see the huge spike in insurance costs.

So how do you get your DUI reduced to Reckless Driving? Typically, a criminal defense attorney will be experienced in these matters and will know what the State needs to prove in your DUI case. Your lawyer will look to poke holes in the case in an effort to show the State that they would be better off offering you a plea deal to a reduced charge. These “holes” your DUI lawyer may expose include:

1. What was the reason for the initial stop? Did the officer follow the proper procedure?

2. How well did you do on Field Sobriety Exercises? What exercises were conducted? How many cues of impairment did you show? Do you have a medical condition that made these exercises more difficult?

3. Did you submit a breath sample? Was the breath test machine working properly?

4. Were all proper procedures followed? How well do you look on the video recorded at the scene or at central breath testing? What other defenses might you have to the charge of DUI (ie; necesity)?

An experienced criminal defense attorney will be able to examine these factors (and more) in order to try to have your case dismissed or reduced. If you have questions regarding your DUI case, call Taracks & Associates today for a free consultation. We have three former state prosecutors on staff who know how the State is building its case against you. We will provide you with a free case evaluation and will help you to understand your rights and responsibilities. Our firm has handled thousands of DUI cases and all of our lawyers are highly experienced in these matters. Call us now at 813-281-2897. Taracks & Associates – The Advocate For You.

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