Reducing Your DUI Charge to Reckless Driving
St. Petersburg / Clearwater DUI Defense Lawyers
Many clients inquire about the possibility of having their pending DUI charge dropped to the lesser offense of “Reckless Driving.” The Pinellas County court system views this more accurately as having the charging document (uniform traffic citation) “amended” by the Prosecutor to reflect an entirely new and different offense.
What does getting a DUI reduced to a reckless driving mean? What are the advantages of having a DUI charge reduced to a Reckless Driving offense?
- A DUI conviction, by law, will remain on your Florida DHSMV driving record for a period of 75 years. A Reckless Driving conviction does not carry the same stigma associated with a DUI conviction.
- Your insurance company is likely to treat a Reckless Driving conviction in a far less critical manner than they would upon seeing your conviction for DUI. This could translate into saving thousands of dollars in increased insurance premiums. It might also prevent your insurance policy from being cancelled, or in the alternative, prevent you from being designated a high risk driver.
- A Reckless Driving conviction carries a lower fine than the minimum mandatory fine imposed for all DUI convictions.
- If your occupation entails driving in the course of your employment, a DUI conviction might result in your termination. On the other hand, your employer may be far more sympathetic and take a more favorable view of your case if the DUI charge was reduced.
- A DUI conviction on your driving record could jeopardize future applications for employment. Although your DUI conviction may not represent a felony, nor a crime involving untruthfulness or dishonesty, you may still be viewed by the potential employer as a liability risk.
- If your current DUI case were to be reduced to a Reckless Driving and you were later arrested again for this offense, you would still be considered a first time DUI offender. (Assuming you had no other DUI convictions.)
How is it possible to change the charge from DUI to Reckless Driving?
To better understand how this is possible, consider the roles of each party:
- It is the job of the police officer to make an arrest;
- It is the job of the prosecutor to “seek justice.” This task includes reviewing the work of the police officer, filing an official charging document with the Clerk of Court and then proving that the accused committed the offense detailed within that official charging document.
- It is the job of the DUI defense lawyer to defend his client against the charge that has now been formally filed by the prosecutor. (Which may not necessarily be the same charge originally alleged at the time of arrest.)
- It is the job of the Judge to proceed with hearings focused only on the ultimate charge filed by the prosecutor and to be equally fair to both the prosecution and the defense.
Thus, contrary to common misconceptions, it is not the Judge who has the authority or discretion to drop your DUI charge to a Reckless Driving. Rather, only the prosecutor has the lawful ability to amend the charge.
How can an experienced attorney help secure a reduced charge?
An experienced St. Petersburg / Clearwater DUI defense attorney can thoroughly investigate the facts and circumstances of your DUI arrest to reveal every possible weakness in the prosecutor’s case. Your attorney may also be able to file motions with the court directed at suppressing or limiting admissible evidence. This could have the effect of further weakening the state’s case and provide you with an advantageous bargaining position to better secure the reduction of the charge.
Frank Russo and Marc Pelletier use a team approach when reviewing your videotape, police report and all documentation associated with breath testing. This includes confirming the certification of the Intoxilyzer operator and reviewing the calibration of the breath testing device. As former state prosecutors they personally reviewed hundreds of reduction requests. Both lawyers are certified intoxilyzer operators. They have also received certification in proper field sobriety testing. Valuable experience in these two areas can be critical in effectively addressing any weaknesses in the state’s evidence. (Learn more about Russo & Russo's DUI Defense Credentials.)
If our office determines that your case is a suitable candidate for reduction, Frank and Marc will prepare a detailed letter to the prosecutor in the Pinellas County State Attorney's Office that:
1. Outlines deficiencies / weaknesses in the state’s case;
2. Includes applicable case law;
3. Highlights any personal background information that could help support the decision to amend your charge.
In the event a prosecutor's supervisor should later scrutinize the file, the reduction letter also serves as a permanent record that justifies the decision to reduce the charge. Frank and Marc believe their detail oriented written arguments for reduction can be a highly effective tool that supplements their personal presentation.
Why would the prosecutor be inclined to amend your DUI charge to Reckless Driving?
DUI charges that are amended to Reckless Driving very often carry DUI type sanctions or penalties. In other words, our client may still have to attend DUI School, pay a fine, undergo an alcohol evaluation and perform community service hours. However, in return, our client would not suffer a formal DUI conviction. The prosecutor benefits because he avoids the possibility of an acquittal had the demonstrably weak DUI case proceeded on to trial.
This plea bargain (i.e., a reduction of the charge but coupled with DUI type sanctions) is often viewed as an equitable “middle ground.” In other words, if reduced, the client does not suffer the stigma associated with a DUI conviction. But, at the same time, the prosecutor is assured that the accused gets a valuable education on the perils of drinking and driving and confirms that he suffers from no addiction issues that could subject him later to another DUI arrest.
Could my case be a good candidate for reduction to reckless driving?
Every DUI case is different. At our free consultation, we can examine the following important aspects of your case. These include:
- Whether the stop of your vehicle was based on driving that was indicative of impairment
- The lawfulness of the traffic stop
- Whether an accident or injury is involved
- Whether any alcoholic beverage containers were discovered in your vehicle
- Your performance on field sobriety testing
- Law enforcement's request for a breath, blood, or urine test
- Whether you refused the breath, blood, or urine test
- If you took a breath, urine, or blood test, what were the test results?
- How much time elapsed from the time of driving to the time of testing?
- Whether you behaved in a polite, cooperative, and respectful manner with law enforcement.
Many of these factors can play an important role in determining if your case is a good candidate for a reduction. When you meet with us, we will outline a plan of action that is designed to thoroughly investigate your case and uncover evidence that may be helpful to you.
Call us at (727) 578-0303 to schedule a free consultation.
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