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Any chance of getting my DUI charge reduced to Reckless or thrown out? Do judges ever understand and grant second chances?

Marietta, GA |

I was arrested a month ago. I was charged with DUI and No Brake Light or Working Turn Signals (center brake light was out on my friend's car). When the officer approached the window he rhetorically asked if I had blown right through the stop sign I was pulled over at. I responded with "no", because I am confident that I did not. Apparently he smelled alcohol on my breath and asked me to step out. I complied to a field breathalyzer and registered a .2, and performed the field tests. Upon completion, I was arrested. At the station I registered a .14. My license was not taken from me and I still have it. My court date is a month from now. I am underage (19). No prior charges. Class President and JROTC Battalion Commander in HS with over 600 documented comm. service hours. Can that be helpful?

Attorney Answers 6

  1. You sound like a very accomplished person at your age. Do yourself a favor an hire an experienced DUI lawyer asap to assist you. Talk to your family if you need financial help. It is worth the money to hire an experienced DUI lawyer from Georgia!

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at and put AVVO in the subject line.

  2. Yes, all of your accomplishments and credentials an an upstanding citizen will help, but will not be enough on their own to get your charges reduced. The Georgia Legislature takes DUI very very seriously, and they have mandated minimum punishments to reflect this. They have also mandated extra conditions for those under 21 as far as your driving privileges go.

    You need to have an experienced and knowledgeable DUI attorney to represent you. There are many nuances that go into a DUI case, and only someone who has handled dozens or hundreds of these cases will know what all to look at when evaluating the evidence. The officer may have overlooked some things or taken shortcuts that violated your rights. There in lies the only real hope of getting a reduction in your case, because the portable breath test indicated you were ten times the legal limit for someone under 21.

    I was a prosecutor in Gwinnett county focused on DUI cases before moving to defense and have been focusing on DUI ever since. I would be happy to discuss your case with you, or if you prefer someone who mainly practices in Cobb County, I highly recommend Frank Gomez.

    Good luck, and please feel free to give me a call if I can be of assistance.

  3. The Judge is not the one who would reduce the charge from DUI to reckless, that is done by the prosecutor. You need an experienced lawyer to help you get that done as just "being a good person" will not be enough, especially with your BAC.

  4. DUI is not likely to get reduced when your level is at .14. Your only chance is to hire an attorney to determine whether you have any search and seizure or technical issues that might get your test results thrown out. Call me if I can be of assistance.

    Allen R. (Rusty) Knox
    125 TownPark Drive, Suite 300
    Kennesaw, GA 30144
    (678) 334-1399

  5. You will have a difficult time, reducing the charges in light of your .14 breath test. If you have any chance at all it will be in speaking with an attorney to go over all facts as it relates to your pull over and arrest.

    Good luck.


    This response is for general information only, no attorney client privilege has been established by this communication.

  6. Your good standing and service to the community is a good thing tho have BUT, most likely it will NOT be considered a good enough reason to REDUCE a .14 BAC DUI. Because you are UNDER 21- your .14 BAC is 7 times the legal limit! Being a good person and having a clean driving/criminal history usually will not elicit compassion and forgiveness in Prosecutors and Judges!!! What you need is the Best DUI Defense Attorney that is available to you to review your case. An experienced and knowledgeable DUI Defense Attorney will be able to identify ANY available LEGAL DEFENSES and use them to your best advantage. I highly doubt that simply relying on your good character will result in anything but a CONVICTION if you try to represent yourself or have an inexperienced Attorney representing you. Because of the long lasting consequences of a DUI CONVICTION - I highly recommend that you retain the BEST DUI Defense Attorney you can ASAP!!! Good Luck!!!
    George McCranie IV

    The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

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