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Once an individual is arraigned, there are several opportunities prior to trial where some form of compromise is offered by the district attorney. Usually, a plea offer will be lesser or reduced level of punishment that the individual could face upon conviction. In some courts, the judge will have an offer, referred to as an “indicated” sentence. Usually, a judge’s offer will be less severe than an offer from a district attorney. In some courts, the judge will follow the recommendation of the district attorney.
A motorist charged with drunk driving has to decide on the ultimate outcome of the case. The individual needs to determine whether it is better to take the case to trial or whether to accept a plea bargain. If your case is not particularly strong and there are many factors that hurt your case, than a plea bargain may be the best result. An experienced DUI / DWI criminal defense attorney can help an accused drunk driver decide the best course of action in each individual case.
Depending on the individual facts of each case, accepting a plea bargain may be a reasonable alternative to a jury trial. Plea bargains are a good option when the prosecution has a particularly solid case and the chances of prevailing at trial are slim.
In a typical drunk driving case plea agreement, the client agrees to plead guilty, or no contest, to DUI in exchange for negotiated consequences. In some cases, a prosecutor may be willing to reduce the DUI from a felony to a misdemeanor, which is almost always a victory for the client. A savvy drunk driving defense lawyer may also be able to negotiate the consequences, which means he or she will work out a punishment that creates the least amount of disruption in a client’s life.
One possibility, again, depending on the specific facts of your case, is to plead guilty to alcohol-related reckless driving, also called a wet-reckless charge. The benefits of a wet-reckless charge are that there are no mandatory license restrictions or alcohol education classes required. An SR-22, or formal proof of insurance, won’t be required unless a driver’s DMV hearing is unsuccessful. There may also be benefits for those who have professional licensing issues, such as doctors, psychologists, and real-estate agents.
However, pleading guilty to a wet-reckless charge means that if the driver is arrested on another DUI charge within 10 years, the conviction will count as a prior offense, meaning enhanced punishment. Also, insurance companies view wet-reckless as the same as a DUI conviction, which likely means higher premiums.
In some cases, the prosecutor will be willing to allow the driver to plead guilty to reckless driving not involving alcohol, also known as dry-reckless. A dry-reckless conviction is better than a DUI conviction in every way, and experienced California DUI / DWI attorneys will almost always advise an accused drunk driver to accept this deal if it is offered. A dry-reckless conviction typically carries only a fine and probation, although the court may order the driver to attend alcohol-education classes. A dry-reckless conviction is not priorable, meaning it doesn’t count as a prior DUI conviction if an individual is arrested again for drunk driving within 10 years. Also, a dry-reckless plea doesn’t require an SR-22 if the driver is successful at a DMV hearing.
In some cases, a prosecutor may offer a plea of exhibition of speed when the DUI case is particularly weak. Like a dry-reckless plea, an offer to reduce a drunk driving charge to exhibition of speed is a bargain in the true sense of the word. A driver who pleads guilty to exhibition of speed usually only must pay a fine, although alcohol education classes may also be required. It can’t be counted as a prior offense in a future drunk driving arrest, and no SR-22 filing is required if the driver wins his or her DMV hearing.
One of the best outcomes, short of having your case dismissed in its entirety, is to have a DUI / DWI charge reduced to a mere traffic infraction, such as speeding or unsafe lane change. This might be a possibility if there is significant weakness in the prosecution’s case. The driver need only pay a fine, and may even be able to attend traffic school to remove the citation from his or her record. There is no requirement for an SR-22 or alcohol education courses, and the driver walks away without a criminal record.
Because plea bargains are complex negotiations, any individual facing a drinking and driving charge is well-advised to seek the counsel of a skilled DUI / DWI criminal defense lawyer. An attorney who specializes in drunk driving defense may be able to negotiate a plea bargain to a lesser charge, and broker more favorable consequences for a driver facing a DUI charge. A criminal defense attorney will protect your interests and make sure you get the best deal possible.
A DUI attorney will be able to explain the consequences of each plea offer. The client has the ultimate decision whether or not to accept an offer. If no plea agreement can be reached, then a DUI criminal defense lawyer will prepare for trial.
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