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I got a first offender DUI and blew a .163. What are the chances of getting that reduced to reckless driving?
Anonymous3 views8 answers
I was pulled over for improper lane ussage due to not using a blinker. At the spot where I got pulled over you don't have to use a blinker. The road went from 2 lanes to 3 lanes.
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
It is impossible to evaluate your case based upon just the BAL of .163. Critical additional information, like whether there is a video, field sobriety exercises, statements made to law enforcement, are all factors that will affect the strength of the state's case.
Your best chance for a reduction to reckless is to hire a highly qualified criminal defense attorney with lots of DUI experience. You can find highly rated attorneys using the "Find a Lawyer" tab on .
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It's impossible to say without knowing more. However, a turn signal is not required if there's not another car around you for at least 100 yards. That could be good place to start which could result in a total dismissal of your case.
Think from the viewpoint of the prosecutor. Why reduce a charge if the prosecutor isn't going to lose the case. Do you have some type of legal reason why you may win? If you do not have a lawyer there is little chance of you winning which means little chance a reduction.
There are too many factors that are unknown to answer this question. An attorney skilled in DUI defense can look at all the legal and factual issues that might exist in your case to see whether there is a basis to attempt to negotiate a reckless. This should not be something you attempt on your own.
When I was a prosecutor in Arizona the ONLY time I reduced a charge like this was if there was no evidence of the driver having driven. Arizona is a state that allows driving or actual physical control as a means to get a DUI conviction. Check with the Georgia law with an attorney from Georgia.
If the legal limit is 0.08 and you were driving the car, and most importantly, why would this specific area be a "no blinker" area, and all motions to suppress are based on officer's opinion, why exactly would the prosecutor drop your case to a reckless driving?