QUESTION
Can the DUI charge be reduced to a reckless again?
Asked on Jan 01st, 2013 on DUI/DWI - California
More details to this question:
I had a DUI in 2001 that was reduced to reckless. I have had a clean driving record since then until this weekend. I was stopped, did not agree to blow and I was arrested for DUI. It is a different county.
11 ANSWERS
Michael J. Breczinski
That depends on your lawyer and the prosecutor if a deal of that sort can be reached but it is less likely since you had a prior.
Answered on Jan 14th, 2013 at 7:24 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Depending on the circumstances, a DUI can sometimes be reduced to either a wet or dry reckless. 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 situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 10th, 2013 at 7:34 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It all depends upon the facts, but regardless of the outcome, by refusing to submit to the breath test, win or loose the DUI, the Department of Licensing is going to suspend your license for a minimum of one year because of your refusal.
Answered on Jan 09th, 2013 at 10:31 PM
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It is possible. It depends on who the prosecutor is on this case.
Answered on Jan 09th, 2013 at 9:37 PM
3 Awards
Yes any charge you get in WA state can be amended by the State to something less if warranted.It is more difficult to get the prosecutors to reduce once it has happened before HOWEVER if they have a problem with the charge or some argument that could help you in court then maybe. You need an experienced criminal defense attorney so that all of your options are protected and not missed just because the attorney didn't know what to do and how to explain a given situation.
Answered on Jan 07th, 2013 at 12:48 PM
If you want a chance to get it reduced, you better hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jan 07th, 2013 at 11:43 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It is irrelevant in which county the arrest took place. While it is possible for a prosecutor to drop an OWI (=DUI) to reckless driving a second time, the likelihood of his or her doing so is small, in light of the prior act of leniency.
Answered on Jan 07th, 2013 at 11:19 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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It is possible but it all depends on the case facts and your lawyer.
Answered on Jan 07th, 2013 at 10:55 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, the charges are totally independent of each other. Get a good lawyer and good luck. Not a likely result but possible.
Answered on Jan 07th, 2013 at 10:55 AM
General Practice Attorney serving Sterling Heights, MI
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Law Office of Derik R. Girdwood
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In today's climate, it very rare for a DUI to be reduced to a reckless driving. Since you refused the breath test, you may be convicted of implied consent: another words, it is treated like a DUI.
Answered on Jan 07th, 2013 at 10:53 AM
Yes it can be reduced- but more facts are needed. You face losing your license for one year for refusing to complete a test. This is a DMV issue .
Answered on Jan 07th, 2013 at 10:50 AM