Blew a .09 on site was arrested, then blew .07 at the station and was charged with careless driving. Being that I still have 2 months of same or similar probation left this is where my question comes from...I am hoping that's it doesn't fall in the same or similar category.
DUI / DWI Attorney
Generally, someone should not plead guilty to careless driving at 0.07 unless the driving conduct is quite bad. Prosecutors will have a hard time proving careless driving as a misdemeanor at trial. Careless driving as a petty misdemeanor or misdemeanor will affect your insurance very similarly to a DWI conviction, depending on your insurer.
If you were previously convicted of DWI and given a "no same or similar offense" condition of probation, a careless driving conviction arguably is not a same or similar offense, but there is no guarantee that a violation won't be filed. It depends how aggressive probation or the prosecutor wants to be.
You should consult with a lawyer to figure out the precise terms of your probation and whether you can avoid a careless driving conviction.
This answer is for informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. For legal advice specific to your circumstances, consult an attorney in your state.
5 lawyers agree
Criminal Defense Attorney
I believe the interpretation be up to debate, but a strong argument can be made that careless driving is not same or similar to DWI. Now your case may be a little different since you have a registered BAC. One question is whether "no alcohol" was part of your probation, if so, you can be looking at a violation on that basis.
It might be wise to seek representation on the careless driving case so that all steps can be taken to resolve that case without violating the DWI probation. First thing to look at is whether there was a legal basis for the police to pull you over on the new case, but of course a thorough review of the facts would be needed in order to make that determination.
I hope you find this information helpful and I wish you the best of luck. Feel free to contact me if you would like to discuss this case further.
6 lawyers agree
Criminal Defense Attorney
Usually judges Will state on the record that an Alcohol-related careless IS a same/similar violation. Sometimes, however, they do not. I or any other thorough atty. would need to review your sentencing Order and possibly a transcript of what judge actually said at sentencing...getting a careless is also a violation of the condn. Of probation of "remain law abiding" which is generally given in All cases. I agree that you shd Not plead guilty to Careless and shd fight it.
This is not legal advice. This site is only to be used for general information, not advice on what to do with your specific case.
3 lawyers agree