can you get your dui reduced to a reckless driving charge if the only reason you were pulled over was for a speeding ticket?
Being pulled over for speeding isn't what would get the charged reduced. You need to hire an experienced DUI attorney in your area who can help you with your charge. They can attempt to get a plea deal and get the charge reduced, but nothing is guaranteed. Your odds are greater with an attorney on your side however. Many offer free consultations, call one and see what they can do with your case.
Speeding is not an indicator of DUI. If that is the only thing that they have it is certainly a possibility. You need to call an attorney and discuss the whole case with them so that a proper evaluation can be made.
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There are a number of factors to consider in whether your case can be reduced-
What you were stopped for is usually not one of those factors unless you can challenge the reason or evidence for the stop - in this case speeding.
Possibly. Speeding is not an indication of impairment because you need more reaction time, braking distance, etc. when you speed. Your performance on field sobriety tests, results of chemical tests, and a few other factors will determine whether or not the case will be reduced. Speeding is a good start to a DUI case.
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.
Speeding or a speed violation standing alone is a sufficient legal basis to conduct a vehicle stop; it is insufficient to establish probable cause to arrest for DUI (DWI in Georgia). Your best course of action is to consult a well-qualified criminal defense lawyer that specializes in DUI/DWI defense.
Speeding as reason for stop alone will not be sufficient. Locate an experienced criminal defense lawyer, who specializes their practice in DUI DEFENSE, in the county where your case will be heard out of. Make an appointment, bring whatever evidence, documents or witnesses that you may have, engage in a meaningful face-to-face consultation. Each case is different. Get advice on your specific case and scenario. Most on AVVO offer free consultations. Best of luck to you.
Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship.
I see from your location that you're inquiring from Athens. In my experience, prosecutors in the Athens area are not likely to reduce your charges to lesser ones unless there is a serious issue with the stop and/or arrest. I agree with the above posters - you need to find an experienced DUI attorney that is familiar with the jurisdiction where you are facing the charges. Best of luck.
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