Getting DUIs Reduced to Reckless Driving

Oct 21, 2013 — by James E. Novak Attorney PLLC
Tags: Dui Criminal Law

Tempe DUI ChargesThere is no state in the union with tougher drunk driving laws than the state of Arizona. This is why those facing Tempe DUI charges need to secure the services of an experienced defense attorney with a known track record of success, such as James E. Novak. Prosecutors want to win cases, and if they know that a defendant has hired a lawyer who will fight the charges all the way to a jury verdict, forcing them to prove their case at every stage, that defendant will stand a better chance of keeping a DUI charge off his or her record.

Of course, it is important for those facing DUI charges to understand exactly what their rights are and what the laws of Arizona allow and disallow on the part of their DUI attorneys. For example, most jurisdictions in Arizona do not allow for DUI charges to be pled down to reckless driving charges; however, prosecutors in Tempe are occasionally open to plea bargains, assuming that the right circumstances are present. James E. Novak knows when it is possible to aim for a reduced charge, when it is best to try for a dismissal, and when it is necessary to try a case to verdict.

There Is No “Wet Reckless” in Arizona

Unlike California, Arizona does not allow for plea bargains from DUI to “wet reckless” - that is, reckless driving in which alcohol was a factor. This does not mean, however, that it is impossible for charges to be reduced prior to a potential trial. If a DUI defense is particularly strong, and the prosecutor does not have sufficient evidence to present a compelling case, it may be possible to get the DUI charge dismissed altogether. However, if the prosecutor feels that his or her case is decent but feels threatened by the strength of the defense case, he or she may be open to a lesser charge in exchange for a guilty or no contest plea.

Your Choice of DUI Attorney Can Make All the Difference

Prosecutors love to go up against attorneys who never go to court. They can smell a DUI attorney with no sense of fight in him or her from a mile away. Lawyers who strive for a plea agreement no matter what give prosecutors confidence that they don’t have to compromise or settle for less than a victory.

On the other hand, DUI attorneys such as James E. Novak know how to identify and exploit weaknesses in the state’s evidence and case. Prosecutors know Mr. Novak well, and they realize that they will have a tough fight on their hands, especially if the case proceeds to trial. Does this mean that you will definitely have your DUI charge reduced or dismissed if you secure the services of Mr. Novak? Of course not. However, you will be entrusting your case to the best of the best, thereby improving your odds of a favorable outcome.

Contact James E. Novak

To learn more about how a great DUI defense could lead to your DUI charge being reduced or dismissed, please contact attorney James E. Novak today.

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