I'm currently charged with d.u.i. and I was attempting to park my car in the driveway after one of my friends had just come back from picking up a lady friend of his in my car and apparently a call was made pertaining to a reckless driver car fit description of mine police canvassed the area saw car fitting the description pulled behind my parked car after about 2 minutes I had a chance to open the gate to the house friend got out of my car and got into his own I got in my car so I could secure it for the night and that was when everything transpired. The car was on and I was in the driver seat but never made it pass park. I did field test but refused b.a.c. do I have a chance to beat or should I take a reckless driving ?
If you did not fight and win the administrative suspension then your license will automatically be suspended for one year on a refusal. You will be eligible for a hardship (business purposes only) license in 90 days through the DMV.
Depending on how you did with the field tests you may have a chance to getting the charges dismissed but would require an experienced attorney to review your case. In the end it may be that the breakdown to a reckless driving may be a great deal but without a detailed analysis of the evidence any advice you receive here would only be generalities.
You only have 10 days to challenge the administrative or license suspension in your case. This is not a flexible time frame, I would suggest consulting with a DUI attorney ASAP to discuss this issue. If you do not challenge it and even if the criminal case is reduced, you will still have a DUI on your driving record that can increase your insurance rates and result in further enhanced sanctions in the future.
As for the criminal portion of the case reckless driving is always better than a DUI but this decision can only be made after looking at all of the evidence, videos, that will be used by the State in the prosecution of your claim. Consult with a DUI attorney that can discuss specific details about your case.
It's difficult to get your license back from the admin side via the DMV. But you can get a hardship. Feel free to call our office for a free consultation. Your facts sound interesting. Your goal should be to get the DUI dismissed, not dropped down to reckless. I can help you with that.
If you do not have a lawyer, I strongly recommend you get one and do what he tells you to do. These complex factual scenarios are fraught with danger and I wouldn't go near this one. You simply don't know what's important and what's not, only an experienced dui lawyer can make a recommendation under these circumstances. "Do I have a chance to beat" is of course what you want to know. Only a lawyer who has read the police reports and possibly deposed the cops can answer that. No lawyer in his right mind would trust you to tell him what the cops will say because first of all, you don't know what they'll say, and second, you were probably too drunk to remember. So get a lawyer and do what he/she tells you to do.
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