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Reduce DWI to reckless driving charge

Can You Plea Bargain a DUI Down to a Reckless Driving Charge?

If you’ve been charged with driving under the influence (DUI), you may be able to work out a plea deal to a reckless driving charge. There are two types of reckless driving charges: standard reckless driving, which is also known as a dry reckless, and wet reckless driving. A wet reckless charge is essentially a reckless driving charge involving alcohol, and it’s only available in certain states.

The benefit of pleading down to a dry or wet reckless charge is that both carry less severe penalties than a DUI. Depending on your state and the circumstances of your case, a DUI could result in significant fines, a driver’s license suspension and possibly even jail time. Either type of reckless driving charge will have lesser penalties, with a dry reckless being less severe than a wet reckless. You can also get reckless driving charges expunged from your record. A reckless driving charge isn’t as detrimental to your driving record as a DUI, which makes it difficult to obtain car insurance.

Factors Affecting Plea Deals

Whether or not you’ll be able to plead to a lesser charge for your DUI case depends on your driving record and the evidence that the prosecution has. Prosecutors are much more likely to offer you a plea deal if there are issues with the case against you that could lead to the case getting dismissed or result in a not guilty verdict.

What types of issues can result in a better chance at a plea deal? Every part of your traffic stop and your arrest could contain something that you can use in your defense.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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Did the officer have probable cause to pull you over in the first place? If so, were you showing signs of impairment, or did he give you a mandatory breathalyzer without any probable cause? Did you perform field sobriety tests, and if so, what aspects of your performance made the officer feel that you were impaired? A skilled defense attorney will examine the arresting officer’s conduct to see if he had probable cause for the actions that he took.

If the officer took your blood alcohol content (BAC) using a breathalyzer, when was the last time that the device was calibrated? A breathalyzer that wasn’t calibrated recently enough before your traffic stop can’t be relied on to provide an accurate reading. If that’s one of the main pieces of evidence against you, your defense attorney could get you a plea deal or possibly even get the case dismissed.

If you had your blood taken to check your BAC, was it someone who had been trained in drawing blood, or a police officer? There are many ways that a blood sample can produce an inaccurate BAC reading, including when isopropyl alcohol is used for sterilization before inserting the needle, and when the tube for the blood draw doesn’t have anticoagulants in it. How was the blood stored, and was a detailed log kept about who had possession of the blood at all times? A defense attorney will look for any possible mistakes made with your blood sample that could render the results unreliable.

Just because the prosecution lacks an airtight case doesn’t mean that they’ll drop it, but they could offer you a plea deal if they’re not confident in their chances at trial. Your best chance at getting a plea deal will be hiring a defense attorney to represent you and prepare your defense. DUI cases are complicated, and a defense attorney will have intricate knowledge of potential flaws in the prosecution’s case. Your defense attorney can look at the strengths and weaknesses in the evidence against you, and then use those weaknesses to negotiate a favorable plea deal. It’s never a sure thing that you’ll be able to get a DUI reduced to a reckless driving charge, but it’s far more likely when you have an attorney working for you.

Time is of the Essence

For many who are arrested for driving while intoxicated, there is a sense of resignation to what seems to be inevitable: pleading guilty as charged. However, because of the important legal rights involved and the increasingly harsh penalties impose by courts in DWI matters, you would be wise to consider all your options before you act.

As soon as you are booked for DWI charges, the legal timeline clock begins ticking. Most people understand this as it pertains to the criminal case that will be filed by the prosecutor’s office, but this also applies to an administrative proceeding initiated by your state agency responsible for driver’s license regulation, the department of motor vehicles. Unless you or you DWI lawyer request a hearing within a very short period of time, typically 10 days, your license is automatically suspended. According to fellow NYC Dwi attorney Aaron Wallenstein, many people often have their license suspended because they don’t take this hearing seriously! These DMV administrative hearings are technical in nature, and the average person will find him or herself unable to mount a viable defense. An experienced DWI lawyer understands the issues and can speak the language of the DMV.

DWI Defenses

Contrary to conventional wisdom, there are many potential options available in contemplating how best to develop a defense in a DWI criminal case. Depending on the facts and circumstances of your particular case, one or more of the following issues may be raised:

  • The reason for the stop. Law enforcement cannot pull you over for no reason. The legal standard is the officer must have a reasonable suspicion a crime was being committed or imminent. This is less than the probable cause required for an arrest but something more than a hunch.
  • The interaction between you and the officer after the stop. What were you asked? What did you say in response? Was anyone else in the car that can verify what occurred?
  • Were you asked to perform any field sobriety tests? Did you do so? Which test or tests? Where exactly were the test(s) administered? Were there any witnesses?
  • The circumstances of your arrest. What did the officer say to you? Did you say anything in return? How were you treated
  • Miranda advisement. Were you informed of your rights? When?
  • Chemical test. When you were taken back to the station, were you advised of a choice of which chemical test you would take? Did you make such a choice? Approximately how long after you were pulled over was the test administered?

Practical Considerations

The law is quite clear that any evidence gathered by the police through illegal or improper methods is subject to exclusion. Thus, for example, if the basis for why you were stopped is deemed without legal justification, your entire case may be thrown out by the judge. More often, however, an experienced DWI lawyer can uncover various weaknesses in the prosecution’s case that can make a conviction at a potential trial less than a certainty. Your lawyer will certainly go for an outright acquittal but will also explore plea bargain options that can be beneficial to you as an alternative.

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