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What are my chances of getting a DUI dropped if I enter in to a plea of Reckless Driving? I'm on Felony Prob. I have to fight it

Atlanta, GA |

I was charged with DUI Drugs in the city of Atlanta by Atlanta PD. I was charged with a DUI at 4pm on a Friday. I hit a pole no farther than a foot from one of the Atlanta streets and the officer suspected i was under the influence of drugs. The officer did 2 field sobriety tests on me and then proceeded to take me to the hospital to do a chemical test. I hit my head during the accident but turned down the ambulance ride thinking I was okay at first. When i arrived at Grady Hospital I had an intense head ache and ask for medical attention. But before they would help me they ask me to take a chemical test. I replied "not right now my head hurts." Immediately after I said "not right now" the officer said that is a denial and that hes charging me with DUI Drugs. What is my next step here?

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Attorney answers 8


You need to file an appeal letter to protect your license, and you need to hire an attorney who is familiar with the Atlanta court. It sounds like you were not dealing with a DUI task force officer since he only have you 2 field sobriety tests. If you have court tomorrow morning, or afternoon, just tell the judge to reset your case so you can speak to an attorney. Please feel free to contact me as my firm is made up entirely of former Atlanta DUI prosecutors. I'll be happy to tell you all about Atlanta.

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. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). 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.


Reckless is always the goal, but it's not something that's just given away freely by prosecutors. You need an attorney to fight for you and try to get a reckless driving offer in the first place.


If your DUI is reduced to a reckless then the DUI is dropped. No DUI lawyer can evaluate your case over the internet without a case investigation.


Your next step is to hire a lawyer. The prosecutor isn't going to just offer you a reduction in charges out of nowhere. You need a good attorney to work something like that out for you.


Any plea (even to an amended charge of reckless driving) could be the basis for the revocation of your probation. You need to coordinate the defense of your DUI with the possible probation revocation. Be very careful with this. Obviously, your driver's license won't be doing you much good if you are in prison on the revocation.


The State can still revoke your probation, even for a plea to reckless driving. It really depends on what jurisdiction you are in. You need a lawyer to fight the DUI and to fight the probation revocation. DUI law is very complicated, and the sooner you get a lawyer, the sooner you can protect your rights.


You can't get a prosecutor to allow a plea to reckless driving until you hire an attorney who can show to the prosecutor that the original charge of DUI has flaws. A good DUI attorney can look at the video of the arrest (most police cars have video capability) and argue to the prosecutor that the DUI charge should be reduced to reckless driving for legal reasons. The prosecutor is not going to reduce a DUI charge without a good legal reason.


You have several issues that need to be addressed. First, you will need to file a request for a hearing to protect your drivers license from an Administrative License Suspension. You can do this yourself, but having an experienced DUI defense attorney representing you and filing the paperwork is a better idea. Second, the DUI charge and even a reduced charge of Reckless Driving is still grounds for a revocation of your probation. Because you are on felony probation you are in a bad position. Being represented by an experienced DUI/Criminal defense attorney would be a wise investment in your situation. In effect you are facing going to jail, not only on the DUI charge, but also the very real possibility of having you probation revoked! Third, there is little chance that a prosecutor will just offer you a Reckless without you being represented by an experienced attorney that can show the prosecutor the problems with the cities case. All of this leads up to your question, "What is my next step?" You need to consult with and retain an experienced DUI/Criminal Defense Attorney - ASAP! Meet with as many as you like and then pick the attorney that you feel will do the best job for you and that you feel comfortable with. Price should not be the determining factor. Like I always say,"Good is seldom cheap and cheap is seldom good!" I hope this information is helpful to you.
Good Luck!!! George McCranie

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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