| The harsh consequences of a Florida DUI Conviction | | | | happy resolution may indeed be reckless driving |
| include probation, thousands of dollars in court costs | | | | charge. |
| and fines, a driver's license suspension, dui school, and | | | | 2. The Law: Might a Judge throw the case out |
| possibly even jail. | | | | because the Officer violated the arrested citizen's |
| A reduction of a charge to a reckless driving can | | | | right? |
| relieve the client of not only many of the outrageous | | | | The United States Constitution protects its Citizens |
| DUI fines and penalties, but also the stigma surrounding | | | | from unreasonable searches and seizures. What that |
| a DUI conviction. However, only the prosecutor can | | | | means in the context of a DUI case is that police |
| reduce your DUI charge to reckless driving. If the | | | | officer's cannot pull you over for any reason. Rather, |
| prosecutor will not agree to reduce the DUI charge, | | | | the police must have reasonable suspicion that the |
| then the client must decide whether to take a DUI | | | | citizen has committed, is committing, or is about to |
| conviction, or go to trial. Whether the prosecutor will | | | | commit a crime. Alternatively, the police may stop a |
| agreed to reduce a DUI charge depends on three | | | | citizen if they have probable cause to believe that the |
| things: | | | | citizen is committing a traffic infraction in front of them |
| 1. The Facts: Might the prosecutor lose the case at | | | | (think running a red light in front of the police). |
| trial? | | | | However, if the officer pulled over the citizen |
| 2. The Law: Might a Judge throw the case out | | | | unreasonably, then a Judge may throw out all the |
| because the Officer violated the arrested citizen's | | | | evidence seized by the officer obtained subsequent to |
| rights, and | | | | the stop. |
| 3. Your Past: Does the arrested citizen have a clean | | | | While there exists some clear cut examples of |
| prior record, or has he been arrested for DUI before. | | | | unreasonable police seizures, many cases fall into a |
| A Good Tampa Bay DUI Attorney must understand | | | | grey area: the Judge could rule either that the stop |
| these three factors when negotiating your case with | | | | was reasonable, or unreasonable. If the Judge rules |
| the Prosecutor. | | | | that the stop was unreasonable, then the prosecutor |
| 1. The Facts: Might the Prosecutor lose at trial? | | | | may have to dismiss the case, because all of the |
| State Attorneys want convictions. High convictions | | | | evidence of impairment after the stop will be thrown |
| percentages increase the likelihood of a happy State | | | | out. Accordingly, out of fear of losing the motion, the |
| Attorney- constituency, and a better chance at | | | | prosecutor may agree to reduce the charge to a |
| reelection. Accordingly, State Attorneys want to win at | | | | reckless driving. |
| trial. Or perhaps more accurately, State Attorneys do | | | | 3. Your Past: Does the arrested citizen have a clean |
| not want to lose at trial. | | | | prior record, or has he been arrested for DUI before? |
| If the prosecutor fears that the facts of case might | | | | Finally, the citizen's past is an important factor in |
| lead to an acquittal by a Jury, he will be more wheeling | | | | whether the prosecutor will agree to reduce the DUI |
| to resolve the case for a reduction of a reckless | | | | charge to a reckless driving. If the citizen has no prior |
| driving. The prosecutor will still get his conviction, so his | | | | criminal history, or at least no prior DUI related |
| conviction percentage. However, the gamble of trial | | | | offenses, then the prosecutor may be willing to give |
| goes both ways: while the prosecutor may worry that | | | | him the benefit of the doubt in negotiations and agree |
| the jury will acquit the citizen, the citizen is equally | | | | to reduce the charge. |
| worried that a Jury may find him guilty. Therefore, the | | | | |