QUESTION
Can I get my DWI reduced to reckless driving?
Asked on Jan 22nd, 2013 on DUI/DWI - California
More details to this question:
I was given field tests. Back at the station my breathalyzer result was 0.09. I admitted to having a few drinks earlier in the day. I had a prior DWI plead down to reckless 5 years ago. The police arrived because of the accident I was in. The other person was hospitalized.
10 ANSWERS
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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If you blew a .09% there is no way a DA will reduce the charge to anything below an OUI. They have per se evidence of guilt. Unless you can get the BT suppressed, not only will they not reduce the charge, but you stand a very good chance of being convicted.
Answered on Jan 28th, 2013 at 10:56 PM
Michael J. Breczinski
With an accident and someone in the hospital, the chances of reducing the charge is very slim.
Answered on Jan 28th, 2013 at 10:01 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If the reckless conviction from 5 years ago was a "wet" reckless you are looking at a second offense DWI. If the conviction from 5 years ago is a "dry" reckless you are facing a first offense DWI. This is an important distinction, the sentencing guidelines for the different offenses are significant. In many counties a first offense DWI will routinely be reduced to a "wet" reckless whereas a second offense DWI may not be reduced. An attorney who focuses on defending DWI cases can likely tell you whether or not your case is likely to be reduced simply because of the .09 breath measurement. It is certainly not impossible to get these charges reduced with the help of a qualified lawyer.
Answered on Jan 28th, 2013 at 8:35 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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That depends on who is the prosecutor in your case. In what court is your case being heard and before what judge.
Answered on Jan 25th, 2013 at 8:31 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It's possible, but if you were involved in an accident that caused injuries, reducing your charge to reckless driving may be difficult. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 24th, 2013 at 9:48 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Certainly is possible, but u will need the help of an attorney.
Answered on Jan 24th, 2013 at 9:46 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Based upon the facts you have set forth I would say there is little chance of any reduction, especially with a prior DWI. I would suspect that the prosecutor is going to be very aggressive with your case, seeking a conviction. My advice: hire an attorney.
Answered on Jan 24th, 2013 at 9:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney and make the request but, in light of the information provided, I doubt they will agree.
Answered on Jan 24th, 2013 at 9:37 PM
Hire a DUI specialist, that's your best chance. And do it soon because you have only 10 days to save your license.
Answered on Jan 24th, 2013 at 9:33 PM
Dennis P. Mikko
Whether there is a plea bargain will be within the discretion of the prosecuting attorney. Based on your background and the fact that a person was hurt in the accident, it is less likely that a plea deal will allow you to plead to reckless driving. This is your second offense and the likelihood of a plea bargain goes down every time you find yourself in trouble.
Answered on Jan 24th, 2013 at 9:33 PM