Can I have my DUI dropped to reckless? 19 Answers as of August 04, 2011

I was pulled over a couple days ago and at the scene blew a .10. When I got to the station I blew a .07/.06 Can I have the charge dropped to reckless driving once my court date arrives? This is the first time I have ever been arrested.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It is possible. All cases are different. I would wait til the court date to see if they file anything at all. If they do plead not guilty and let your attorney do the rest.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Very good chance of getting a wet reckless or better. You should hold out for a dismissal and then settle when the D.A. has gone as far as he will go.
Answer Applies to: California
Replied: 7/27/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
If you truly blew below the legal limit at the station then there is a very good chance your case will not be issued. That is quite a large discrepancy between the PAS and the result at the station - it makes me suspicious that you may be mistaken as to one of the results. A first DUI conviction does not carry mandatory jail time. A conviction for a wet reckless cuts the fine in half but is still priorable and is viewed the same by the DMV.
Answer Applies to: California
Replied: 7/27/2011
Law Offices of George Woodworth & Associates
Law Offices of George Woodworth & Associates | George Woodworth
It may be quite possible for you to get only a "reckless" at Court based on this information. The cop's alcohol testing gadget used on the street in California is called a PAS device or 'Preliminary Alcohol Screening' device. It is not nearly as accurate as the breath machine at the station. I find many departments did not do proper maintenance and calibration on their breath testing machines which can cast doubt on their results. Since your .07 result is below the necessary .08% needed for conviction, you could get the "reckless" offer you want or maybe less depending on other factors in the case. You should get an experienced, knowledgeable Attorney to analyze the police reports & breath test info and actively pursue your best options.
Answer Applies to: California
Replied: 7/27/2011
Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
You'll need an attorney. The attorney might be able to get you a dry reckless, as opposed to a wet reckless (reckless driving involving the use of alcohol.)
Answer Applies to: California
Replied: 7/27/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Yes with a good attorney.
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    It depends on the county and the other reasons you got pulled over, as well as your driving. If you blew a .07 at the station, youshould shoot for a dismissal. Wet recklesses are not much better on your record than DUI.
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Yes - possibly a wet or even a dry reckless if handled appropriately.
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You do have a good case, although the prosecutor will argue that your BAC was falling, so at the time of driving you may have been at a 0.11. Get a DUI specialist to appear in court for you to negotiate with the prosecutor. Perhaps you can get even better than a reckless (like an "Exhibition of Speed").
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    It is possible to fight a .07/06 to reckless or exhibition of speed, but why wouldn't you want to fight it to trial and try to win? Unless you had bad driving, it's probably a case an experienced DUI defense lawyer can fight and win.
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    This depends on the county you were in. Some counties will drop this to a wet but others will say that it is proof you were "coming down" off the .10 and still try to charge you with a straight DUI. You should either hire a lawyer or ask for a public defender, who can negotiate with the DA on a level playing field to get it dropped. You have a good chance of a "wet reckless" if you have legal representation. (Here in Humboldt they might drop it to a wet at arraignment).
    Answer Applies to: California
    Replied: 7/26/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    There is a very good chance of that. The test at the station is the one that counts most. You may even hold out for something even less than a reckless, depending on other facts of the case. I suggest you get an attorney on this one. The answer I just gave assumes that you are at least 21 years old.
    Answer Applies to: California
    Replied: 7/26/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Can the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 7/26/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    With the limited facts you presented if would be difficult to give a solid evaluation, but a wet reckless is possible. I think I would prefer the BAC results to be reversed. It would make a better argument if you were 0.07 at the scene and 0.10 in the station. However, there are more factors to consider than just the BAC.
    Answer Applies to: California
    Replied: 7/26/2011
    A.L.A. Law Group, LLP
    A.L.A. Law Group, LLP | Lauren M. Mayfield
    In most counties a wet reckless is very hard to get. The DA rarely offers a wet reckless and almost never starts with an offer of a wet reckless. You should speak with a criminal defense attorney right away to discuss both the DMV hearing and your court case. An attorney will discuss the facts of your case with you and tell you if they are likely to offer you the opportunity of a wet reckless. You only have 10 days from the date of your arrest to contact the DMV to request an APS hearing to fight the suspension of your license. This APS hearing can be very helpful in negotiating the charge down to a wet reckless with the DA.
    Answer Applies to: California
    Replied: 7/26/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Possibly, but it will not happen at your first court date. Your first court date is generally called an arraignment. At the arraignment, you are presented with your charges and police reports, and this is where you either plead guilty or not guilty to the charges you are presented with. I suggest that you hire an attorney and have him plead not guilty on your behalf. This gives your attorney an opportunity to review the reports and negotiate a better deal on your behalf.
    Answer Applies to: California
    Replied: 7/26/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    The judge will not reduce charges. Based on the BAC alone, it looks like you have a good case. However, you should be considering hiring an attorney. Especially if you were recently arrested, with that BAC. You only have 10 days to request a hearing with the DMV. If not requested, DMV will suspend your license. The court case has nothing to do with the DMV. If you simply wait until your court day comes along, you will lose your license. Be proactive. Call an attorney to discuss the case.
    Answer Applies to: California
    Replied: 7/27/2011
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    You need to hire the best DUI lawyer you can find to fight this case. Depending on what county you are in, there is a chance the charges might not get filed due to the .07/.06.
    Answer Applies to: California
    Replied: 7/26/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You have an interesting fact situation here. The PAS test of .10 you took at scene is not considered as reliable as the test you took at the station. This is a case where if you retain an experienced DUI defense attorney he would push for a reckless driving or even having you plead guilty to only moving violations. Without a lawyer fighting for you it is not likely the prosecutor will have any incentive to offer you what you are looking for.
    Answer Applies to: California
    Replied: 7/26/2011
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