DUI Reduced to Reckless Driving

D. Benjamin Sessions

Practice Area:DUI / DWI

Outcome:DUI dismissed; Nolo plea to reckless driving.

Description:Based upon a roadblock stop, our was client was arrested and charged with DUI "Per Se" and DUI "Less Safe." Our client submitted to the state-administered breath which showed that he had a BAC of .080. At the motions hearings prior to trial, we developed significant issues regarding the propriety of the roadblock, our client's ability to understand the implied consent notice given his hearing problems, and limitations of the field sobriety evidence given our client's physical problems. Following the motions hearing, the solicitor agreed to reduce our client's DUI charge to reckless driving, which our client accepted. This was a significant win for our client because of his prior 3 DUI convictions (not handled by our office) which would have led to significant jail time in the event that he was convicted of DUI after trial.

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