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Can I negotiate directly with the solicitor myself before court to reduce a dui to reckless driving?

Lawrenceville, GA |

I have been speaking regularly with my solicitor regarding my case. She has finally reviewed my case and she said that if i enter a plea her recommendation will be $600+SC, 12 m/p, 24 hours serve (not seeking additional jail time), 40 hours community service, Risk Reduction, Alcohol and Drug evaluation and any recommended treatment, No alcohol and random screens. I will offer to dismiss the Failure to Maintain Lane. The c/s that I am recommending is any c/s performed at a non-profit organization that you normally do not volunteer with. I will have not oppose c/s performed b/n now and your plea date counting towards the 40 hours.

How could I possible negotiate to reduce charges? I am speaking to a solicitor in recorder's court in Lawrenceville.

What happens if I do have a lawyer and I had asked for her recommendation before I hired my lawyer? I mean I haven't agreed to anything, so I haven't done anything wrong have I?

Attorney Answers 3


Sure. As long as you do not have a lawyer she will speak with you. If you do not like what she is offering, and you want to negotiate further, bind your case over to Gwinnett State ourt by telling them that you want a jury trial. You do not have to go to a jury trial, but this will switch courthouses, judges, and prosecutors on your case. Recorder's court is slow to reduce charges whereas state court is often better at reducing them. All you have to tell them is that you want a jury trial, and they will send the case over.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

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Trying to negotiate for a dismissal of your DUI charge on your own is similar to me (as an attorney) ordering a do-it-yourself root canal kit. What motivation would a Solicitor, who's job depends on obtaining convictions, who has political pressures, and who has pressure placed often times places on them by the officers who make arrests, have to throw out a case?

I wouldn't try to piece together, or any amount of .com answers and go in to the courthouse without counsel. There is a reason why most people answering these questions devote their career to defending a very narrow scope of criminal charges.

With that being said- good luck.

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Unless you know how to legally defend the original DUI charge, what incentive does the prosecutor have to change your DUI to something else? This is what an experienced DUI defense attorney does for you. Where possible (and all cases have their unique facts), we look at why the prosecutor is not going to win due to factual, legal or both reasons. Many times, we succeed in "winning" without a trial. Prosecutors know which lawyers are serious about taking a case all the way to trial, and which ones blow smoke. Remember also that anything you say can be used to further prosecute you. You need an experienced, local DUI defense lawyer.

I am an attorney. I am not your attorney unless you have signed a written contract with me and given me money. This is information for educational purposes only, and no attorney-client privilege exists.

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