Can a Judge Drop DUI Charges: In accordance with Florida State Statute 316.193, DUI charges stay on record for 75 years. When the legal driving limit is 16, this means that for most people, this is a life long conviction. This is the reason that most people facing a DUI charge are incredibly keen to avoid charges and the severe consequences that come alongside them.
A DUI conviction can lead to the following consequences:
Unfortunately, a complete dismissal of a DUI charge is rare. However, there are a lot of ways that you might be able to minimize the consequences, such as getting a DUI charge dropped to a reckless driving charge.
Your best shot in every scenario is to find a skilled criminal defense lawyer who may be able to help you get the charges dropped. Here at The Ticket Lawyers, we have a vast wealth of combined experience in dealing with DUI cases just like yours. Contacting us as soon as possible after the incident is going to be your best shot at having your charges dropped or reduced. Our phone lines are open 24/7, so give us a call at 855-323-8488 for a free consultation and some free legal advice on what your best course of action is.
To fight driving under the influence charges, there are a number of tactics your defense attorney might use. Most of the time, this comes in the form of plea-bargaining. Luckily, Florida rule 3.171 means that it is one of the states that allows plea-bargaining.
Plea-bargaining is the act of a defendant agreeing to plead guilty to their DUI charge in exchange for a lessening or removal of punishments and penalties. Your defense attorney will be able to make a recommendation of what they think should be the right cause of action.
The judge has the final say in this, not your attorney. This means they can choose to listen to the bargain or refuse to even hear it. In both cases, their decision is final.
Sometimes, when the attributing factors are there, your attorney may ask for a dismissal altogether. This doesn’t happen very often, and the chances of it being successful are slim. There is a small-time window between the incident and the case in which your attorney might be able to find errors committed by a police officer or evidence that is unclear, but once the prosecutors begin building their case, your chances of a complete dismissal are low.
The highest likelihood of a complete dismissal will be if you fall into any of the following categories:
The next approach may be to try and get your DUI charge reduced to a reckless driving charge. Reckless driving is a crime in every state and is defined as driving or operating a vehicle in a way that causes danger to other people.
Even though your driving may not have been “reckless” in Florida reducing the case from a DUI to a reckless is usually a very good result. The punishment for reckless driving is usually less severe, however, so getting a judge to agree to this is usually a major win for anyone facing a DUI charge.
Reckless driving charges stay on record for life if you are convicted but if adjudication is withheld and you have no other prior history you may qualify for a sealing of your case. That would make your charge blocked from public view.
With a DUI charge, there is also a mandatory suspension of your driving license for six months, whereas, with a reckless driving charge, the suspension simply allows the judge to suspend the license.
Some factors that will give you a much better chance at appealing for a reduction to a reckless driving charge include:
Some factors that will seriously reduce your chances of getting DUI cases reduced to reckless driving include:
On average, around 30-40% of driving under the influence cases get dismissed or plead down to a reckless driving in Florida. They are often reduced to reckless driving or other lesser punishments.
In almost every case of this happening, this was due to the defendant using a skilled criminal defense lawyer.
DUI charges can impact the rest of your life. Loss of employment and a serious handicap in all future employment can add up to hundreds of thousands of dollars over your lifetime.
Our attorneys have dealt with hundreds of cases just like yours. One of our founders has been awarded the “DUI Prosecutor of the year award,” and the firm has also won an AVVO Client Choice award for being outstanding DUI defense lawyers.
Call us today for a free consultation. Our phone lines are open 24/7. Don’t let a small mistake ruin your life. Call 855-323-8488.
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