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Understanding A Breakdown To Reckless Driving

When a good DUI attorney is able to exploit the flaws in his or her client's DUI case, the prosecution may offer a breakdown to reckless driving. This is a victory for the defense for a number of reasons.  

A reckless driving charge, as opposed to a DUI charge, does not carry a mandatory court-ordered license suspension.

A reckless driving charge, as opposed to a DUI charge, does not carry a mandatory 10-day vehicle immobilization (impoundment) order.

A reckless driving charge does not carry the stigma of a DUI charge.  Your insurance rates may not go up as drastically with a reckless driving conviction on your record.

If you complete the Back On Track Program (Miami-Dade only), you will receive the benefit of the bargain; a breakdown to reckless driving.

However, if a good DUI defense attorney is able to show the prosecution the flaws in their case, the prosecutor may offer a breakdown to reckless driving.  This breakdown applies regardless of Back On Track eligibility.  Even if you have prior DUI convictions, any DUI defendant can be offered a breakdown to reckless if the right defense is presented.

Prosecutors want to get as much as they can out of you.  If their case is falling apart and they risk a loss at trial, they will be more likely to settle for reckless driving than risk an acquittal.

On the other hand, trials - no matter how weak the evidence is for the State - are a tremendous risk for the accused.  A plea offer that includes a breakdown to reckless driving should always be pursued in a DUI case.

Eric Matheny is a Miami and Broward DUI defense attorney.