Is it Better to Have DUI or Reckless Driving in FL?If you have been involved in a recent DUI case, you may have heard that you can get your DUI downgraded to a reckless driving charge. But is this much better than a DUI?
The simple answer is yes. Both in the immediate case and the long-term impacts, a DUI conviction carries more significant consequences. The greatest of these consequences are likely to be the permanent nature of a DUI on your record. With a DUI, there is no way to get your record expunged or sealed. This means that the DUI will follow you around, marring your chances of employment for the next 75 years – which is essentially a life sentence.
The good news is that with the correct criminal defense lawyer, it is possible to have your DUI case downgraded by the prosecutor. Your attorney will need to convince the prosecutor before your case goes to trial, so it is important to act fast.
Here at The Ticket Lawyers, we have over 75 years of combined experience dealing in criminal defense, especially with DUI charges. We have a keen legal team who understand the importance of evaluating each case individually to ascertain what the best path is for that individual.
If you are struggling with anxiety because of the potential impact of a DUI on the rest of your life, the best thing you can do is to call The Ticket Lawyers today for a free consultation. All of our consultations are obligation-free, and our phone lines are open 24 hours a day, seven days a week. Get free impartial legal advice and figure out your next step today, by calling us on (855)-323-8488!
Is It Better to Have a Reckless Driving Conviction or a DUI in Florida?
There are many reasons why having a DUI conviction is much worse than being charged with reckless driving in Florida. In the state of Florida, a drink driving charge carries greater penalties both in the immediate aftermath and in terms of your driving record.
This is why it will always be preferable for your criminal defense attorney to attempt to get your DUI reduced to reckless driving. To achieve this, your attorney would need to convince the prosecutor to downgrade the charge to reckless driving before the trial.
The benefits of having your DUI reduced to reckless driving in the state of Florida are as follows:
- It is possible to get a reckless driving charge expunged from your record once certain conditions are met. However, a DUI will remain on your record for 75 years, which is essentially a life sentence and cannot be removed or expunged in any way.
- You may avoid a conviction on a reckless driving charge, whereas a Florida DUI charge is a mandatory conviction.
- The fine in a reckless driving case is much less than that of a DUI charge. A reckless driving fine may amount to between $25 and $500 for first-time offenders. A DUI conviction can lead to a fine of between $500 and $2000, depending on the exact situation of your first-time offense.
- A case of reckless driving does not carry the same stigma as a DUI. It is far less likely to interfere with your current job or your chances of seeking employment in the future. It is also much less likely to cause as significant a stir in your social circles as a DUI conviction.
- If your DUI charge is reduced to reckless driving, it means that in the event of a second DUI charge, that will once again count as your first.
As you can see, there are many benefits to having your attorney convince your prosecutor that your DUI should be reduced. However, to do so often requires the help of a skilled and experienced DUI attorney.
Here at The Ticket Lawyers, we have over 75 years of combined experience fighting DUI charges in FL. Don’t let your preventable circumstances mar your record for the rest of your life, get in touch today.
How Long Does a Reckless Driving Charge Stay on Your Record in Florida?
Much like a drink driving in Florida charge, a reckless driving charge will stay on your record for 75 years.. It also carries the same punishment of up to 90 days in jail and six months of probation. However, the main difference between a reckless driving Florida charge and a DUI charge is that a reckless driving charge may be expunged.
There are two potential methods for removing a reckless driving charge, either getting it expunged or sealed. These will only be available to you if you have been charged for the crime, but not convicted.
The Florida Department of Law Enforcement is the agency that decides whether or not you are eligible to have your record expunged or sealed. To do so, you will need to enlist the help of a professional criminal defense attorney, as the process is complex, and you do not want to miss your chance. The Ticket Lawyers have a wealth of experience not only in getting a DUI reduced but also in seeking to expunge and seal records.
If a record is sealed, this means that it will be inaccessible to the majority of the public. However, in this case, it will still be viewable by certain government entities. This means that you will be able to deny it plausibly when searching for employment. However, a successfully expunged record will be unavailable to view by anyone, unless under certain types of special court orders.
What Is Considered Reckless Driving in Florida?
In accordance with Florida Statute 316.192, reckless driving is defined as any case where someone demonstrates “willful or wanton disregard of persons or property.”
A reckless driving case, like a DUI case, still carries serious consequences and can be a felony if somebody involved suffered a serious bodily injury. A reckless charge may be punished by up to 90 days in jail or six months probation, as well as up to a $500 fine.
However, the main difference between a reckless charge and a DUI is the ability to get the former expunged or sealed. This is why it is always preferable to have an attorney attempt to convince the prosecutor to downgrade your DUI charge.
Is Careless Driving the Same as Reckless Driving in Florida?
Careless and reckless driving, although occasionally incorrectly used interchangeably, are not the same thing.
Florida Statute 316.1925 states “any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such a manner shall constitute careless driving.”
What this basically means is that it is a catch-all term used by a police officer or prosecutor when a traffic violation is not specific enough to fit another charge. Unfortunately, as careless driving is not a criminal offense, there is no chance of the prosecutor downgrading a DUI this far.
Contact The Ticket Lawyers Today
We here at The Ticket Lawyers have represented countless clients and helped them to get their DUI downgraded. We have also helped many clients get their past records expunged or sealed so that they can have the best chance of carrying on with the rest of their lives without being hindered by their past mistakes. If either of these sounds like a situation you could benefit from, don’t hesitate, get in touch with an experienced DUI defense attorney at our law firm today.
Our team has over 75 years of combined experience and, unlike other law firms, operates each case as a team. This means that you can benefit from the skill set, knowledge, and experience of each of our individual members. Following a DUI, it is easy to become accustomed to feeling judgment and shame from the people you would like to confide in. A lawyer from The Ticket Lawyers will hold no judgment and continue to have your back and best interests throughout the legal proceedings.
If you would like free impartial legal advice, then get in touch with The Ticket Lawyers today for a no-obligation free consultation. Simply having that first phone call to lay out your legal options and receive advice on your next step can do wonders to alleviate anxiety and make your future seem less dark.
Our telephone lines are open 24 hours a day, seven days a week to work around your busy schedule. If you would like more information or a free consultation, call us at (855)-323-8488 today!