Can a Georgia DUI Be Reduced to Reckless Driving?
A Georgia DUI conviction carries repercussions. These include fines, probation, license sanctions, and more. The first thing someone arrested for DUI should ask is whether the case can be pleaded to a lesser offense.
Sometimes, a Georgia DUI case can be settled by pleading guilty to reckless driving. But a downgrading of a DUI charge is not an automatic process, even if it is a first-time DUI case.
DUI and reckless driving are different offenses
Under Georgia law, recklessness means driving a motor vehicle in a manner that shows gross and flagrant disregard for other people’s safety. On the other hand, DUI means driving while under the influence of drugs or alcohol. For that reason, reckless driving cannot automatically be considered a lesser included crime of DUI in our home state. Georgia appellate courts have found that these two crimes have substantially different elements.
You might, however, in some cases, be able to plead your case down from DUI to reckless driving.
When might a DUI reduction be possible?
The prosecutor’s willingness to negotiate depends very much on the evidence against you and the factual situation surrounding the arrest. No set of rules can assure you that a specific DUI charge will be reduced.
Factors that may come into play include the strength of the prosecution’s case, the quality of your driving, the results from a chemical test, whether an accident resulted, and injuries sustained by others.
The weakness of the prosecution’s case may also play a part in negotiations. The defense lawyer can review the evidence and see whether anything exists that might help in negotiations.
Why is reckless driving preferable to DUI?
Even though recklessness is a criminal charge, it is different from being convicted of DUI, since it does not have all the penalties that follow a DUI charge.
According to Georgia’s Department of Driver Services, recklessness adds four points to a driver’s license. Recklessness may carry a penalty of up to $1,000 and even up to a year in jail. Drivers who are below the age of 21 face more legal repercussions when they are found guilty of reckless driving.
Reckless driving may, however, result in fewer DUI penalties and help avoid a DUI conviction altogether.
A reduction is not guaranteed
Drivers should be aware that there is no guarantee that the prosecutor will be willing to reduce the charges against them when prosecuting their case. In addition, pleading guilty to reckless driving is not the best outcome in every case. Sometimes, if the prosecution lacks evidence, it may be better to fight the case or file for dismissal.
Talk to a Marietta, GA, DUI Attorney Today
Andrew L. Schwartz, P.C. represents the interests of Georgia residents who have been charged with driving under the influence. Call our Cobb County DUI lawyers today to schedule an appointment, and we can begin preparing your defense right away.
