Reducing your DUI case to reckless driving is certainly a lot better than a lawful offense. Police or other law enforcement officials did not have reasonable suspicion to stop your car or probable cause to arrest you for a DUI; Field sobriety test was performed improperly; Breathalyzer test was improperly administered; Law enforcement officer administering the breathalyzer test was not properly trained to perform the breathalyzer test; Blood test results were tainted due to contamination; You consumed food or medicine that resulted in a “positive” reading on a chemical test, but you were not actually driving under the influence; or. Almost every driver charged with a DUI wants their case reduced to a wet reckless driving but it does not often happen. You could claim that the officer who stopped you did not have probable cause, meaning he stopped you for a vehicle violation or other non DUI relatied offense and then began fishing for a DUI charge once speaking to you. The laws regarding first-time offenses have changed. Typically this charge will have lighter penalties and less stigma than a conviction for driving under the influence. This is the reason the prosecutor will require a strong motivation to reduce the charges. 24 Hrs Mon-Sun. When I worked under the Attorney General, I assessed all my cases and realized that each case is distinctive and that not each case was a good case for the State. And if I cannot have my case dismissed, how often do DUI cases get reduced? Successfully getting DUI charges dropped in Canada before trial is rare, but skilled lawyers can strategize effective defence efforts that can result in acquittals, withdrawn charges, reduced charges, mitigated penalties, or dismissal. Common lesser charges include a so-called “wet reckless” (reckless driving that … If there's a way to reduce the DWI charges in your case to a lesser offense like obstruction of a highway or reckless driving, we'll find it. There is no definite answer to whether your DUI charges can get reduced or dismissed without speaking directly with a Colorado DUI attorney about the facts of your case. In some cases, the most valuable thing an impaired driving lawyer can do for you is negotiate a plea to a lesser offence, which is known as plea-bargaining. Consequently, when somebody looks great while doing these tests on video, it is exceptionally rare for the state to demonstrate that the individual was driving under the influence. If you want to get DUI charges dropped, your best bet is to hire an attorney to help you negotiate with the prosecutor. As a previous prosecutor, I manage DUI cases every day. Impaired driving charges can be reduced. While understanding the individual performed well on these tests, the state lessens the charge to reckless driving instead of going to trial. How often do DUI cases get reduced varies from case to case. Plea Bargain Negotiations for Reduced Charges Depending upon the lesser offense or the guarantee of a lesser penalty, you could still have a criminal record that could impact your job prospects in the future. As we mentioned above, every case comes with its own set of circumstances that can impact the likelihood of a case being dismissed or having charges reduced. Depending upon your situation, a legal professional could advise you to fight a DUI charge aggressively. Reducing charges may involving both reducing the charge itself and/or reducing the possible penalties. DUI laws are often governed by state laws which mean that details may differ according to where you are charged, whether you are a minor, or if it involved bodily injury or death. However, they are for some reason still arrested for DUI (that is why you should what to do when you’re pulled over). How often DUIs are reduced or dismissed is not really quantifiable. Available 24 Hours, 7 Days A Week. Will a DUI in Rhode Island show on my background check. DUI charges can have a lasting impact on your life, from costing you jobs to dooming housing applications. If you are wondering how often DUI cases get reduced in Southern Ontario, the answer is the DUI charges get reduced quite often depending on the strength and validity of the DUI defence strategies used by the DUI lawyer representing the request. The sooner you get in touch, the sooner we can begin developing a DUI defense strategy that is tailored to your case Contact Miller Leonard, PC to learn more about the services we provide to clients facing DUI charges in Colorado. Reducing charges may involving both reducing the charge itself and/or reducing the possible penalties. So you have been charged with a DUI, which on the scale of severity, is more serious than reckless driving. Now and then, the state is confronted with evidence issues. Indeed, criminal charges threaten our most basic possession: Our freedom. Since the state has the burden of proof they often reduce the charge to avoid a not guilty verdict in front of a jury. For those facing DUI charges for drugs, your DUI defense attorney may use any of the following eight defenses to get your DUI charges reduced or dismissed. For example: an officer making the person stop without reasonable justification, an awful DUI checkpoint, an officer who did not read the Miranda Rights, or when an officer unlawfully stopped the individual and kept him/her without reasonable justification. 8 Reasons Prosecutors May Reduce or Dismiss DUI Drug Charges. Here are five ways you can potentially mitigate the damage of a DUI charge. This often means that plea deals end the case with fewer charges, less severe chargers, or a reduced sentence as part of the plea agreement. At Miller Leonard, PC, we have years of experience assisting clients with Colorado DUI law and DUI defense strategies, and we can discuss your case in more detail with you. DUI charges are often dropped for two main reasons: The defendant's lawyer has pinpointed a major flaw in the Crown's case which making it inappropriate to prosecute The Crown is agreeable to bargain for a plea to a provincial careless driving charge instead of a criminal DUI (given the overall facts of the case) 316.193 ), defendants can avoid many of the negative consequences that accompany the more serious charge. Often first-time offenders without a criminal history will be able to have their charges reduced with the help of an experienced Colorado DUI defense attorney. A DUI conviction can also have negative effects on employment, education, and personal and family life.However, there are often ways to minimize these penalties and consequences. An aggressive RI DUI lawyer will know how to fulfill this in the wake of evaluating the facts of interest. Part 1 of 3: Hiring an Attorney. In a plea-bargain, the prosecutor agrees to reduce the charges against you and in exchange you agree to plead guilty to the lesser charges. In many states, prosecutors use reckless driving as a common bargaining chip for DWI offenses. How often do DUI cases get reduced varies from case to case. The expression “win” is in quotes here on the grounds that win may mean having the charge lessened to an alternate offense or generally getting a plea deal that prevents a conviction. In the meantime, we want to provide you with more information about having DUI cases reduced and dismissed in Colorado. Attend drunk-driving education By pleading down to reckless driving ( F.S. The first action you need to take in order to get the charges lessened or the case dropped is… contact a DUI lawyer. The result of most cases depends on the quality of representation and the facts your lawyer has to overcome. 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