QUESTION
What are the chances this DWI charge could be reduced to "reckless" and what would my license situation be?
Asked on Jun 23rd, 2013 on DUI/DWI - Oklahoma
More details to this question:
I was pulled over after a couple drinks about a week ago and had a BAL of .10. This is my first charge or legal issue I've ever had, and was charged with a 4th degree DWI. I was spending about 10 over, which was the legal reason the officer pulled me over, however he also mentioned he believed I was driving erratically. I was respectful and kind during the entire process (ie; saying "sir," thanking the officer), and attempted to speak as briefly and articulately as possible. I have several questions about this situation however. I'm a physician and most likely will require at least a work permit to be able to respond to pages and patient concerns. I don't mean to be "high and mighty," but does ones employment in this field increase or decrease my chances of a lighter charge and/or license situation? Also, besides attempting to find a lawyer, how would you suggest I present myself during court? Obviously I'm very sorry this happened, and I won't blame anyone but myself, but should I mention my profession and patient care as a reason to reduce the charge? I don't want this as a barrier to talking with my patients or create a work environment issue. Or does that come across as disingenuous or manipulative? I do genuinely want this to be less serious for my work's sake, but I'm not sure whether I should mention that or if the judge would simply see it as arrogance or entitlement. Any advice would be most welcome and thank you for your time.
9 ANSWERS
Michael J. Breczinski
You should get a good lawyer and that person may use some of these things to see what can be done to reduce the charges. A good criminal defense attorney is an expert at negotiation.
Answered on Jul 03rd, 2013 at 3:19 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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This doesn't sound like a California case, we don't have degrees for DUI cases. With a blood alcohol concentration as low as yours a competent DUI defense attorney can probably get the charges reduced or possibly even beat your case. You should contact a DUI defense lawyer in your area.
Answered on Jun 27th, 2013 at 3:56 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Where specifically is your case?
Answered on Jun 26th, 2013 at 7:45 PM
It's possible, but you'll need to hire a DUI specialist, or it is wishful thinking.
Answered on Jun 25th, 2013 at 9:26 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Best recommendation is for you to speak with an experienced DUI attorney in your area. Sad to say but a lot depends on relationship defense attorney has with the States Attorney. Each county is different, it may be possible to get a reduced charge but the SAO has to agree and in some areas the arresting officer must appear in court to agree to a reduced charge.
Answered on Jun 25th, 2013 at 4:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your arguments are valid but should really be made by an attorney on your behalf. You do indeed catch more flies with sugar than with salt so you are so far on the right tack.
Answered on Jun 25th, 2013 at 3:45 PM
Michael Paul Vollandt
It is not likely that the DA would be interested in a Wet Reckless with a .10. The DMV will suspend your license for 4 months but if you enroll in a DUI class they will allow you to go to and from work and the DUI school (you will still have to have a 30 day suspension before you can get you restricted license If you have not notified the DMV that you want a hearing it must be done within 10 days of the arrest. and the issues will only be (1) were you the driver, (2) did the officer have probably cause to pull you over, (3) wee you driving with at .08 or greater BA. You can still apply for a restricted license if you enroll in the DUI school and after the 30 day hard suspension.
Answered on Jun 25th, 2013 at 3:44 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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First and foremost, hire an attorney. Regarding your license. First time offense with a low BAC results in loss of license for 90 days. You can petition the court for an occupational permit after 30 days. The judge has no discretion of this because it is Department of Licensing that actually suspends your license. As far as telling the judge you are a doctor, the judge does not care. Your occupation will not be considered in terms of possibly reducing the charge. Again: hire an attorney who can review the facts of your case and see what, if anything can be done.
Answered on Jun 25th, 2013 at 3:44 PM
There is a reason lawyers don't treat illnesses. There is also a reason doctors should not try their hand at lawyer. Obtain counsel, first. Then rely on counsel'a advice. You'll be glad you did.
Answered on Jun 25th, 2013 at 3:44 PM