I was stopped at a roadblock, arrested, and informed that i was being charged with driving under the influence when I got to the station. At the station, I blew a .112. I am a first time offender and after talking with the bondsman and giving him the details of my arrest, he informed me that there was a possibility that the charge might be reduced to reckless driving. I don't know how reliable his word is but I was wondering if he could be right. If he's not, what kind of consequences am I in for? Any advice would be appreciated.
You should absolutely consult with a qualified DUI attorney. On a first lifetime DUI, you can expect 12 months probation, a fine, DUI School, community service, and potentially a few other requirements. Your license will be suspended if you plea guilty to the DUI and it will appear on your criminal record. With that said, you may have some strong issues to challenge in this case. Regardless, many of my clients challenge roadblock cases because it can often be difficult for the state to prove the constitutionality of the roadblock. You should contact a lawyer immediately as you may need to file a letter to save your license as well. Please let me know if I can be of any help to you.
If this was in the Ringgold area, contact attorney Ralph Hinman. He is a top notch DUI lawyer. If elsewhere, contact DUI lawyers in the area. And do so soon, because you have ten business days to file necessary paperwork in order to preserve your driving privileges. Without knowing more details, a reduction to reckless driving is very much a possibility. But you will need an experienced DUI lawyer to make that happen.
The minimum mandatory sentencing requirements are widely distributed and available on the internet, but how any specific court is free to sentence within the maximums. I have never seen that happen in a case described like yours. Ringold municipal court clerks office may be able to give you some information about court practices but I would suggest you contact an experienced DUI or criminal lawyer practicing in that area.
I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta, Statesboro and Savannah, Georgia. You may review more information about my practice by going to: http://www.avvo.com/attorneys/30809-ga-elmer-young-540135/reviews.html. The information I am providing you should only be considered for your general knowledge and educational purposes. Consider it as a good first step in your knowledge acquisition, but not as legal advice. Indeed, any information I provide is based on the extremely limited facts you have provided and new facts could substantially alter any answer or reply. My opinion should be understood to apply only to the laws of the State of Georgia. You should always consult with a local attorney about your situation if you live outside of the State of Georgia.
You can expect that by your lawyer will try to suppress the breath test results for any number of reason, including that the road block was somehow improper. That's what I would do, and its successful more often than you think.
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The first thing to do when handling your case is retain a competent DUI attorney. Obviously, you should avoid talking about the facts of your case to others as those conversations are not privileged and can be used against you if overheard. To answer your question, it is not uncommon for DUIs to be reduced to reckless driving charges. However, the DA will not lower your charge on his own. In my experience, the DA will only lower the charge if you/your lawyer presents a compelling argument as to why certain pieces of evidence will not come in and/or fatal errors committed with respect to the administration of the field sobriety test, HGN test, failure to notify you of your right to request and independent blood test, etc.
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Best of luck,
Comments provided by S.Carlton Rouse are not intended to create an attorney/client relationship. In addition, the answer provided was based upon the limited information provided online, as such, any opinion/suggestion/comment could likely change after consultation and/or further review of the facts/documentation. For adequate legal advise, you should contact a lawyer and have a detailed consultation.
First of all, I strongly recommend you hire an attorney to appeal the administrative license suspension. This must be filed within 10 business days of the arrest. Regarding the roadblock, there may be legality issues which your attorney can address in motions with the Court. A reckless driving conviction involves fines, probation, etc. just like a DUI conviction would. However, a reckless driving conviction would not suspend your license.
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