QUESTION
Is it worth fighting my DUI charge which was dropped to a reckless driving?
Asked on Apr 25th, 2014 on DUI/DWI - Colorado
More details to this question:
One year ago I was arrested at a GSP checkpoint for blowing a .082 BAC (after blowing 9 times as hard as I could). I passed all the physical sobriety tests and the officer only has audio because he failed to turn his dash cam. He has already agreed to drop the DUI disposition but the DA wants me to plea to a reckless or less safe driving charge. I have paid over $4,000 in lawyer fees and he is suggesting I take the plea. My hearing is set for the morning of May 28 and I feel like I should fight the charge but I am afraid of the results. I am a bigger guy and regardless of the "standard", .082 is not anything close to intoxicated. I have a crystal clean record and at 33 years old, have never been convicted or even accused of any drug or alcohol related charges. Should I fight the case or settle for the "reckless" plea? And if so, what are the typical pros and cons of either? I'm asking because I don't feel my attorney is trying to do what's best for me, it feels like he just wants to get it over with.
3 ANSWERS
Michael J. Breczinski
In most States all they have to prove is that you had the requisite amount of alcohol in you. I would suggest that you take the deal.
Answered on Apr 25th, 2014 at 7:58 PM
Criminal Law Attorney serving Los Angeles, CA
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If you take the misdemeanor conviction, it is a conviction. While reckless is not as bad as DUI, if it's a reckless with alcohol involved it is priorable for 10 years like a DUI (likely jail time for second conviction). If you fight and win, you can avoid having a conviction on your record. If you lose, it's a DUI conviction. .08 % means that with the machine uncertainty alone (+/- .01) you can beat the B count (driving with .08% BAC or above), not taking into account the accuracy/calibration maintenance etc. Beating the A count (impaired) has more to do with the driving and the FSTs. If you were pulled over for something that wasn't bad driving and if you did ok on the FSTs, then you can reasonably be expected to beat the A count. Be aware that the prosecutor can use the recent Vangelder case to limit your lawyer's ability to attack the B count on physiological grounds. If you're worried about money, fighting this is not cheap. Going to trial will involve 5-6 days of time at trial, lawyers fees, expert fees, et c. If you're more worried about your reputation and the fact that you probably weren't over .08% at the time of driving or impaired, then unless they are offering you a non-alcohol lesser offense, you risk little by going to trial.
Answered on Apr 25th, 2014 at 7:58 PM
3 Awards
Reckless is a good offer on a case like this.
Answered on Apr 25th, 2014 at 3:13 PM