QUESTION

Is there any hope I can get DUI reduced to reckless driving?

Asked on Jul 28th, 2013 on DUI/DWI - California
More details to this question:
I was pulled over for DUI and failure to drive in the proper lanes. I took two breathalyzers one came to .114 and the next came to .1079. I took a roadside test and did fine on the standing/walking one but the officer said my "eyes were bouncing". Thank you.
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11 ANSWERS

Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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If you are looking to fight your case, you can get your case reduced. However, you may be able to do better than that, failure to drive in the proper lanes may not be a legal reason to stop you. You should discuss your case with a DUI defense attorney, you may be able to beat your case, or at least get it reduced.
Answered on Aug 02nd, 2013 at 8:57 PM

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Chapter 7 Bankruptcy Attorney serving Appleton, WI at Sisson & Kachinsky Law Offices
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Very possible, however you need to get yourself an attorney to help.
Answered on Aug 02nd, 2013 at 8:57 PM

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That depends how good your DUI lawyer is.
Answered on Aug 02nd, 2013 at 8:57 PM

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Automobile Attorney serving East Lansing, MI at Nichols Law Firm PLLC
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Yes. Contact a qualified DUI attorney.
Answered on Aug 02nd, 2013 at 8:57 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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There is always hope but if these facts are correct I don't see much chance.
Answered on Aug 02nd, 2013 at 8:57 PM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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There is always hope as long as you fight it. Video may show the cops exaggerated the description of the driving and allow for suppression of evidence. Drinking pattern (time and amount) may show that you were rising at the time of the test and your BAC was lower, much lower at the time of driving. Experts will testify that the FSEs that you were asked to do mean nothing. Don't give up. Get the help you need. Fight your case.
Answered on Aug 02nd, 2013 at 8:57 PM

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Criminal Law Attorney serving Worcester, MA at Gregory Casale, Attorney at Law
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In MA, the chance of getting an DUI reduced to Reckless Operation is close to zero. You can see that movie stars, athletes and even politicians get charged for DUI and do not get the charge reduced. DUI is a highly political crime in MA, as it is in most if not all states. There is too much pressure on the DA's office to prosecute these crimes for them to even consider reducing one. The best thing you can do is to hire a good DUI lawyer and let them look to see if there is any way to suppress the Breath Test. With the BT in evidence it is close to impossible to beat this charge. If it were a .08 or .09 you may have a chance, but a .10 is very tough to beat. The good news is that if you try a DUI case and lose, the consequences are very similar to the plea so losing at trial is not the worst thing that can happen to you. That is assuming you get a decent judge. There are some judges that will sentence even a 1st offense DUI to a 1 year suspended sentence. There are too many variables to go through them all here. What you should do is contact a local DUI lawyer. Every area has lawyers who are known to handle a lot of them.
Answered on Aug 02nd, 2013 at 8:57 PM

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It is possible. You might also get a suspended imposition of sentence and probation.
Answered on Aug 02nd, 2013 at 8:57 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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It is possible, but I would have to see the facts of the case.
Answered on Aug 02nd, 2013 at 8:57 PM

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Bankruptcy Attorney serving Irvine, CA at Chambers Law Firm, P.C.
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Maybe. But a lot of other issues need to be analyzed. Contact an attorney to discuss the specifics. Many of us on LawQA provide a free consultation.
Answered on Aug 02nd, 2013 at 8:57 PM

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Michael J. Breczinski
The odds are not good that it would be reduced that far. Maybe to impaired driving.
Answered on Aug 02nd, 2013 at 8:57 PM

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