Could i receive less then reckless driving?

Asked 4 months ago - Mammoth Lakes, CA

I was driving in Reno, Nevada and was pulled over for a DUI and blew a .081 and a .082. A few local lawyers are telling me they can get it down to reckless driving but should I settle for that or try to get it something more in my favor? I was pulled over for not using my blinker when getting off the freeway and there was an old empty liquor bottle in the car.

Attorney answers (6)

  1. Anthony Michael Solis


    Contributor Level 20


    Lawyers agree

    Answered . You really need to get an attorney to review your case in detail. There are some good facts and some bad. The question is whether the local lawyers are telling you that they can get it down to a WET reckless or a DRY. Wet reckless (23103 per 23103.5) is a small victory because it's still a driving offense involving alcohol and it is still priorable as a DUI if you were to get another such offense or a DUI. A DRY reckless, on the other hand would be a victory. You have a low BAC so a wet reckless offer should be expected and wouldn't be a big miracle.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  2. Philip Rosmarin

    Contributor Level 14


    Lawyers agree

    Answered . The local lawyers very likely know the territory. A reduction from DUI to reckless would be considered a win in Colorado.

  3. Andrew Stephen Roberts


    Contributor Level 20


    Lawyers agree

    Answered . Speak with a Nevada attorney - they would know the right path you should take.

  4. Christopher Irvin Simser

    Contributor Level 19


    Lawyers agree

    Answered . It would also be considered a win in New York ... a big win.

    I advise you to stop asking questions on the Internet and retain a local attorney to assist you. he or she will know the lay of the land and will be in the best possible position to obtain the best resolution of your case.

    Good luck to you.

  5. Christopher Ramon Bucio


    Contributor Level 6


    Lawyers agree

    Answered . It is not illegal to consume alcohol and then operate a motor vehicle , however it is presumed illegal in many states to consume alcohol in excess of .08 and operate a motor vehicle. In your case you may well have been below .08 at the time you were pulled over by the police and thus within the boundaries of the law. However, by the time you were taken to the police station and administered the breathalyzer your body may have metabolized more alcohol and thus increasing your levels to over the legal limit. Consequently, you may want to consider taking your case to trial. Obviously this route has its pros and cons. The biggest cons typically being extraordinary attorney fees and in some cases if you lose a much stiffer penalty by a judge (Jokingly referred by many trial lawyers as trial tax). Another option you may want to consider is having your lawyer ask the Prosecutor to amend your charge to a Physical Control. Unlike a Reckless Operation it carries zero points on your license but in most states it does carry more potential jail time. However, unlike a DUI there is no mandatory jail time and depending on the facts and the judge you could walk out of court with nothing more than a lighter wallet.

  6. Julia E. Simmons


    Contributor Level 17


    Lawyer agrees

    Answered . There is always an opportunity to have a reduction in the charges or even a complete dismissal, however, you'll have to hire an attorney to fight these charges for you because you'll need evidence to fight it.

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