DUI/Reckless Driving
What is the benefit of getting a DUI ''reduced'' to a Reckless Driving charge?-And, if the benefit(s) are so great, what could be a reason as to why a personnal attorney would NOT try to get it reduced, or even inform you it is possible?
1 Answer from Attorneys
Re: DUI/Reckless Driving
Reckless driving is a lessor offense than a DUI. The greatest benefit of reducing a DUI to a reckless is that it does not count as a prior DUI conviction in case you ever get into trouble again. As you are aware, the penalties for a DUI increase with the number of convictions for that offense.
There are lots of reasons why an attorney would not attempt to get a charge reduced, the most obvious being the facts of the case. In most cases, it would be a great waste of time based upon the facts. The state has no incentive to reduce a charge that they know they can win. For example if you blew above a .08 and there are no "problems" with the case, such as a potential bad stop, problems with the machine etc. your attorney would be wasting his time and losing credibility with the state if he were to request a reduction.
My advice to you is that if you want the best defense possible talk to your attorney, rather than second guessing him here in this forum. You need to cooperate with him/her to provide a defense. If you cannot do that, get a different attorney with which you can.
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