Everybody knows that when a criminal defense lawyer gets a DUI broken down to reckless driving, it's a good thing.
Practicing DUI defense
in Miami-Dade and Broward, I always aim to either get a DUI dismissed completely or the second best alternative; getting the DUI charge amended to reckless driving.
A plea to reckless driving will not result in a driver's license suspension or a mandatory 10-day vehicle impoundment.
Both a driver's license suspension and a 10-day vehicle impoundment are statutory requirements for a DUI conviction.
Also, if this is your first DUI, the Court will impose a 6-month suspension if you are convicted. If you blew over a .15 or higher, this is called an enhanced DUI (or a "high blow"). The Court will not only suspend your driver's license for 6 months, but they will require you to have an Ignition Interlock
device installed in your car, at your expense.
As you can see, pleading guilty to a DUI results in harsh penalties. Not only that, but you will carry the stigma of a DUI conviction for the rest of your life. You cannot seal or expunge
a DUI conviction.
While a reduced charge of reckless driving will result in a conviction, a conviction for reckless driving is not nearly as daunting as a DUI conviction. Your insurance will likely not drop you for one reckless driving conviction. Prospective employers will likely not refuse to hire you due to that blemish on your record.
So it is my advice to always accept a plea to reckless driving when charged with DUI. You will get out of hot water with minimal punishment.
But you should know, the DHSMV requires that all Florida driver's license holders who are convicted of reckless driving must take a 4-hour Basic Driver Improvement course. This course can usually be taken online and only costs around $100. It's not a big deal, folks. But the DHSMV will send you a letter about 2 weeks after you are adjudicated and you will wonder why you have to do this.
This 4-hour class is not a condition of your reckless driving probation, but if you want to prevent your driver's license from being suspended, you must take the class.
to learn more about this DHSMV requirement.
Driving is a privilege in the State of Florida. It is not a right. Believe me, the DHSMV reminds us everyday just how much of a privilege it is. And by that, the DHSMV can impose conditions on you if they feel that your driving skills may not be up to par.
If you are facing DUI, reckless driving, or any criminal traffic charge in Miami-Dade County or Broward County, call me to discuss your case
, and most importantly, your options.
I am a former Miami-Dade prosecutor
with ample experience dealing with all types of criminal traffic offenses. I may be able to help you with your legal matter.