3 Things a DUI Attorney Should Consider When Trying to Negotiate a Reckless Driving Dismissal
The severe consequences of a Florida DUI conviction include probation, thousands of dollars in court costs and fines, driver’s license suspension, DUI school, and possibly even jail time.
A reduced reckless driving charge can free a client not only from many of the outrageous DUI fines and penalties, but also from the stigma surrounding a DUI conviction. However, only the prosecutor can reduce your DUI charge to reckless driving. If the prosecutor does not agree to a reduced DUI charge, then the client must decide whether to get a DUI conviction or go to trial. Whether the prosecutor will agree to reduce the DUI charge depends on three things:
1. The Facts: Can the Prosecutor Lose the Case at Trial?
2. The Law: Can a judge dismiss a case because the officer violated the rights of the citizen arrested and
3. Your History: Does the citizen arrested have a clean criminal record or have they been arrested for DUI before.
A good Tampa Bay DUI attorney should understand these three factors when negotiating your case with the prosecutor.
1. The facts: Can the prosecutor lose at trial?
State prosecutors are seeking convictions. High conviction rates increase the likelihood of a happy state attorney constituency and a better chance of re-election. Accordingly, state prosecutors want to win the trial. Or perhaps more accurately, state prosecutors don’t want to lose the case.
If the prosecutor fears that the facts of the case may lead to an acquittal by the jury, he will be quicker to resolve the case to reduce the reckless driving. The prosecutor will still get his conviction, so his conviction rate. However, the gamble of trial is two-way: while the prosecutor may worry that the jury will acquit the citizen, the citizen is equally worried that the jury may find him guilty. Therefore, a happy permit can really be a charge for reckless driving.
2. The Law: Can a Judge Dismiss a Case Because the Officer Violated the Rights of the Citizen Arrested?
The United States Constitution protects its citizens from unreasonable searches and seizures. This means in the context of a DUI case that a police officer cannot stop you for any reason. Rather, the police must have reasonable suspicion that the citizen has committed, is committing, or is about to commit a crime. Alternatively, the police may stop a citizen if they have reasonable cause to believe that the citizen is committing a traffic violation in front of them (think of running a red light in front of the police).
However, if the officer stops the citizen unreasonably, then the judge can throw out any evidence seized by the officer obtained after the stop.
While there are some clear examples of unreasonable police stops, many cases fall into a gray area: a judge can rule that a stop is either reasonable or unreasonable. If the judge rules that the suspension was unreasonable, then the prosecutor may have to dismiss the case because any evidence of impairment after the suspension will be thrown out. Accordingly, for fear of losing the motion, the prosecutor may agree to reduce the charge to reckless driving.
3. Your History: Does the citizen arrested have a clean criminal record or have they been arrested for DUI before?
Finally, a citizen’s past is an important factor in whether a prosecutor will agree to reduce a DUI charge to reckless driving. If the citizen has no prior criminal history, or at least no prior DUI offenses, then the prosecutor may be inclined to give them the benefit of the doubt in negotiations and agree to a reduced charge. However, if a citizen has five DUIs on their record, the prosecutor will be more likely to roll the dice at trial or on a motion
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