Plea Bargains in DUI Cases
Your criminal defense attorney should engage in serious talks with the prosecutor about a plea bargain. The goal is to get the charge and the penalties decreased.
"Dry Reckless"A "dry reckless" is a misdemeanor charge defined as a flagrant disregard for people or property. Unlike any alcohol or drug related offenses, the benefits of this charge are huge. There is no mandatory sentencing enhancements for repeat offenders, shorter county jail sentence, if any, shorter probation, a reduced fine, no mandatory court-ordered license suspension, no DUI school or, at most, a six week program and it does not "invite" the same scrutiny as would a DUI conviction with respect to professional or commercial licenses.
A conviction of a dry reckless charge is simply recorded as a misdemeanor reckless driving. There is no automatic association with a DUI. But the biggest benefit of this charge is that under this Vehicle Code, it is not "priorable." This means that if you have an arrest and/or a conviction of a DUI within a ten-year period, even though factually you have had a DUI-related arrest/conviction before, this new arrest will be deemed as a first-time DUI.
What is an exhibition of speed?What is an exhibition of speed? California Vehicle Code 23109 (c) punishes those who engage in "exhibition of speed" or "speed contests." While this charge really has nothing to do with DUI, it is uniformly understood to be a DUI reduction. This charge is also rarely given by the prosecutor but if the defense attorney spots weaknesses in the prosecution's case, mistakes in the police work and credibility issues of the officer, among other mitigating factors, the prosecutor will duly note them.
What should be transparent in this article is that reductions of DUI charges are not common. In fact, they are rare, but what the readers should walk away with is that DUI reductions are possible but only if you have a skilled and an experienced criminal defense attorney