Virginia DUI Lawyer Explains What Needs to Be Done to Get a DUI Reduced to Reckless Driving
A DUI conviction could have permanent implications for you. Even if you have no prior criminal record, a DUI conviction could land you in serious legal trouble. Therefore, you should do everything possible to avoid a DUI conviction.
One of the most advantageous ways to avoid a DUI conviction is entering a DUI plea bargain to reckless driving. However, having your DUI dropped to reckless driving requires representation by a skilled Virginia DUI defense lawyer who enjoys a sterling reputation with Virginia judges and local prosecutors.
How to Get a DUI Reduced to Reckless Driving
Virginia’s DUI law does not have a provision that allows a judge to reduce the charge to reckless driving. Only the prosecutor has the authority to reduce a charge. As a result, your Virginia DUI lawyer must convince the prosecutor that justice would be served if you could enter a DUI plea bargain to reckless driving.
Prosecutors are not easily convinced. Many top prosecutors take a hard stance against reducing DUI charges. They know that organizations like MADD hold high esteem with the voting public. Consequently, top prosecutors will do what they can to avoid bad press, especially from MADD.
What Are the Chances of Getting a DUI Reduced to Reckless Driving?
The pressure of public interest groups aside, some prosecutors will reduce a DUI to reckless driving for the right person, and only in the right circumstances. The ideal candidate will have:
- No prior criminal history;
- A blood-alcohol content at or below 0.8%;
- A clean or nearly clean driving history;
- Acted appropriately with the police; and
- Not been involved in an accident.
Just remember that every situation is different. A highly skilled DUI defense lawyer understands how to use your best attributes when negotiating a plea bargain to reckless driving.
Even more important than the above factors would be a legal issue that makes it difficult for the prosecutor to prove DUI in the first place. This is why you need a zealous defense attorney who will analyze all the evidence and videos to see if the Commonwealth’s case has any fatal flaws.
What Does It Mean to Have Your DUI Dropped to Reckless Driving?
You face penalties similar to a DUI conviction if you get your DUI dropped to reckless driving. Virginia’s reckless driving law has a provision that allows the judge to sentence a person to jail or probation, order them to pay fines, and order license suspension.
The judge could also order the offender to enter and complete the Virginia Alcohol Safety Action Program if the judge finds that alcohol played a role in reckless driving.
You should understand that having your DUI reduced to reckless driving has some permanent repercussions. The charge of reckless driving remains on your criminal history after pleading to reckless driving.
Critically, having a DUI reduced to reckless driving remains on your driving background check. Therefore, all who check your driving history will see you had a DUI charge.
What Are the Advantages of Having a DUI Dropped to Reckless Driving?
The most significant advantage of knocking down your DUI to reckless driving relates to enhanced penalties if you ever face prosecution for another DUI charge.
Even if the police charge you again with DUI, you cannot face enhanced penalties for a previous DUI conviction because you pleaded to reckless driving. You also avoid the stigma of a DUI conviction.
You may avoid a longer license suspension, ignition interlock devices, increased auto insurance premiums, and vehicle impoundment by pleading to a wet reckless charge.
Call me, Andrew Flusche, today at 540-318-5824 to discuss how to get a DUI dropped to reckless driving.
I focus my attention on helping you get your charges dismissed or reduced if the circumstances allow. If not, I rely on my extensive experience vigorously defending DUI charges in Virginia to achieve the best result for you.