If you have been arrested for driving under the influence in the Whatcom County area you may ultimately have several options that may reduce the severity of the DUI charge conviction. In many cases, reducing a WA State DUI to Reckless Driving may be a consideration after negotiating with the prosecuting attorney. Reducing your charge may allow you to avoid jail time and many of the harshest of penalties associated with a conviction for DUI.
While every case is different, the general purpose of plea bargaining is to either dismiss or reduce the DUI charge. If you are a first time offender or the prosecutor’s case has some inherent legal problems, your Bellingham DUI lawyer may be able to convince the prosecutor to reduce your DUI charge. There are several potential reductions and one of these reductions is to Reckless Driving.
Reducing your WA State DUI to Reckless Driving has several advantages over a DUI conviction namely, there is no mandatory jail, no ignition interlock device, reduced fines, reduced license suspension, reduced probation time, and of course, such a reduction avoids the social stigma that a DUI conviction carries.
Reckless Driving is defined in RCW 46.61.500 as: "Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving." While a reduction of your Bellingham DUI to Reckless Driving has many advantages, there is one negative consequence that you must be aware of, namely a 30 day license suspension. However, if you lose your DOL hearing and receive a 90 day license suspension you will receive full credit for the 30 day license suspension that would occur following a Reckless Driving conviction in Whatcom County. While it may be correct to state that a Reckless Driving conviction is not a perfect outcome to your Whatcom County DUI case, it is equally correct to say that such a reduction has many advantages. These advantages are worth considering and discussing with your attorney in advance of the plea negotiations.
Contact one of our Bellingham DUI attorneys to discuss in detail your DUI case and the possible amendment to Reckless Driving.
Contact Criminal Defense Attorney David N. Jolly for a Free Consultation