It is possible in Georgia for your attorney to negotiate a lesser, or reduced plea in your DUI case. There are no laws that prohibit prosecutors in your case from using their discretion and negotiating with defense attorneys to resolve your case.
Usually, once the evidence in your DUI case has been obtained, negotiations with the prosecutor begin. Depending on the strengths and weaknesses of your case, prosecutors and defense attorneys typically go back and forth, with the state usually wanting the toughest plea bargain they can negotiate and your attorney asking for charges to be reduced and sometimes even dropped. While a full dismissal is very rare in DUI cases, where there is even some evidence of intoxication, reduced pleas are obtainable. The benefit to a possible reduced plea is two fold. (1) It is a guaranteed way to keep a DUI charge from staying on your criminal record forever, and (2) it saves you the cost, time burden, and stress associated with long court hearings and even trial.
A Reckless Driving charge in Georgia is defined as “driving with a reckless disregard for the safety of persons or property”. The language and scope of Georgia’s reckless driving charge is very broad and open to interpretation, making it an ideal reduced charge in a DUI case. Reckless Driving in Georgia is a four point traffic offense, with the same effect as a 24 mph speeding ticket on your driving record. The benefit of a Reckless Driving plea is obvious- insurance, employers, schools and the like will only see a relatively minor traffic citation on your Georgia criminal and driving record. While a Reckless Driving outcome is ideal in your DUI case, it is far from a given or common occurrence. Remember, prosecutor’s jobs depend on conviction rates and being ‘tough on crime’. Your DUI attorney must be ready to investigate, advocate, and negotiate relentlessly on your behalf in an effort to obtain a reduced plea in your case.
If you have been charged with DUI in the State of Georgia, and want to explore the likelihood that an attorney can help you negotiate your plea to something less than a DUI, call me and I will be happy to examine your case and speak with you about your case and a possible reduction in the charges.