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1st time DUI reduced to reckless driving but almost every penalty for 1st time DUI

Coral Springs, FL |

I had been caught for first time DUI few months back in Pasco county, FL. I hired a DUI lawyer for that. My BAC came as .069 and urine test also clean. I did not do very good in the FST s as per the report but I am from a non English speaking country had some problems understanding the directions. No accidents no injury. Prosecution has offered to reduce it to reckless driving but following is the deal they have offered,
1. 12 months probation
2. 6 months DL suspension
3. 50 hours community service
4. 10 days vehicle immobilization
5. DUI school
6. Victim panel

Should I accept this or is this too much?

Attorney Answers 6

Posted

I would highly suggest you follow your attorney's advice on this one. First blush is some of it is a little steep but each jurisdiction is different. Evaluate with your attorney the trial chances. Evaluate the repercussions if you lose a trial versus the offer made. Your current lawyer is the best judge of your prosecutor your trial chances how your judge sentences and the entirety of your facts. Trust their advice.

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Posted

I agree. You need to consult with your attorney. If you are unhappy with your attorney, hire another one.

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Posted

What does your current attorney suggest? Also, have you seen the field sobriety test video? Depending on what this shows, you may be able to get a better deal.
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Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Shiner is licensed to practice law in the State and Federal Courts of Florida. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time lines that, if known, could significantly change the reply and make it unsuitable. Mr. Shiner strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. To learn more about David I. Shiner or the Shiner Law Group, P.A. please call our office at (561) 368-3363 or toll free at 1 (855) 368-3363 or visit website at www.ShinerLawGroup.com or www.InCourt.com

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1 comment

Asker

Posted

They don't have a video tape

Posted

Many times, there are minimum penalties a certain judge will require as part of a negotiated plea deal. The Judge has the final decision on whether to accept or reject a proposed sentence. I am sure your attorney knows what the judge requires and would advise you if he or she thought about the plea offer. Your attorney will also know how the judge is likely to sentence after a trial if you were to be found guilty. Discuss this with him or her to get the best answer to your question.

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Posted

You provided very important facts in your question, unlike many people who ask questions on this forum. Attorneys do not like to step on other attorneys toes and because you are represented by an attorney, it is difficult to be candid. I personally take a very hard line to DUI's and my analysis of a DUI. From the facts you have provided, your case should be completely nolle prosed (dismissed) based on a BAC of .069 and a clean urine. The State cannot prove their case beyond a reasonable doubt. My answer absolutely do not plead guilty/no contest to anything including Reckless Driving, which in my opinion is not much different from pleading to a DUI.

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Posted

I think the bottom line is you need to discuss it with your attorney. People have different tolerances for risk. In any case what it comes down to is if the offer is unacceptable you can take it to a jury. You have to do what you’re comfortable with. The state can proceed based on the impairment theory in any case with BAC above .05%. As a former prosecutor I can tell you that anything below a .08% was usually resolved before trial. The reckless gets you a known resolution but you have a defense based on the results. Just make sure your attorney knows how you feel and do what you think is best. An attorney can tell you what the strengths and weaknesses are in a case but you have to decide what is best for you.

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