Legal Question in DUI Law in Minnesota

Not a DUI, but Wreckless Driving - can it be reduced?

This happened Friday morning, around 3:30am. I had been out to a bar for a couple hours, but had stopped drinking by about 1:30am (bars in MN close at 2). Drove a couple friends home, then proceeded to drive into a car parked on the side of the street. No one was in the other car, it was just parked. No one else was in my car. The thing is, I remember a few things before the crash, and everything afterwards, but cannot for the life of me remember how/why I hit that parked car. It was the only car parked on a street about 3 lanes wide. I have been ill (head cold, horrible cough etc.) and it has been really icy here. Anyways, I got a ticket for 'wreckless driving' and my car is totalled. Basically, what do I need to know about going into court? They never did a breathalizer, there is nothing on my ticket that said it could have been alcohol-related. Any way to get it down to 'Careless Driving'? Any advice at all? Thanks! (Yes, I have learned a huge lesson here!)


Asked on 2/19/06, 12:06 am

3 Answers from Attorneys

J. Chris Carpenter Harvey and Carpenter

Re: Not a DUI, but Wreckless Driving - can it be reduced?

I recommend that you contact a lawyer in your community to talk about your options. But, if you were drinking, and the officer didn't charge you with a DWI, you probably 'dodged a bullet.'

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Answered on 2/21/06, 10:42 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: Not a DUI, but Reckless Driving - can it be reduced?

Sure it can. The prosecutor's role is to charge crimes and prosecute them. The defense lawyer's role is to defend against criminal charges by the prosecutor. Often, the prosecutor and defense lawyer may be able to negotiate a plea agreement, which can involve a guilty plea to a less serious offense. Prosecutors do not do this to be nice. When they do it, they do because they fear the defense lawyer may be able to win the case. Therefore, it is important to have a good defense lawyer, well prepared to fight the charge.

One of the first questions to ask is "what is at stake?" In the situation you describe, three things come to mind: (1) drivers license record and status; (2) auto insurance rates; and (3) potential liability to the person(s) whose car(s) were damaged.

If I can be of assistance, give me a call. www.lawyers.com/libertydefender

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Answered on 2/20/06, 11:35 am
David Kelly-952-544-6356 Kelly Law Office

Re: Not a DUI, but Wreckless Driving - can it be reduced?

Mr. Gallagher is right. Prosecutors will often reduce a charge like this. The chances of getting it reduced without a lawyer, however, are minimal.

I also would be glad to help. You can find my contact info at mn-dwi.com.

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Answered on 2/20/06, 12:06 pm


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