DUI Reduced To Reckless Driving In Florida
Getting a DUI Reduced To Reckless Driving
What Are The Advantages Of A Reduction To Reckless Driving?
If the prosecutor sees weaknesses in a DUI case, he or she may offer to reduce the DUI charge to Reckless Driving. A plea to Reckless Driving rather than DUI has important advantages for the defendant.
First, when a person pleads guilty to DUI, Florida law requires the judge to suspend the person’s driver’s license. The length of the suspension varies from 6 months to a lifetime suspension, depending on how many prior DUI convictions the person has. However, if a person pleads guilty to Reckless Driving, the law does not require the Judge to suspend the person’s driver’s license.
Second, when a when a person pleads guilty to DUI, Florida law requires the judge to impound the person’s vehicle. The length of impound varies from 10 days to 90 days. However, if a person pleads guilty to Reckless Driving, the law does not require the Judge to impound the person’s vehicle.
Third, the State of Florida requires that a before a person convicted of DUI can get their driver’s license back, they must file a form called the FR44. The FR44 certifies to the State of Florida that a person convicted of DUI has auto insurance in the amounts of at least $100,000 per person, $300,000 per accident, and $50,000 in property damage. In most cases, the FR44 is required for three years from the time of conviction. To get an FR-44 form, a person convicted of DUI must request one from their insurance company. This puts the insurance company on notice that the person had a DUI, which can cause their insurance premiums to rise. However, the FR44 requirement does not apply to persons whose cases are reduced to reckless driving.
Fourth, when a when a person pleads guilty to DUI, Florida law requires the judge to adjudicate the person guilty of the offense, which means that the person is formally convicted of the DUI. However, if a person pleads guilty to Reckless Driving, the judge is not required to adjudicate the person guilty. Instead, the judge can withhold adjudication of guilt, which means that the person is not convicted of the offense. If adjudication withheld, a defendant may be able to seal and eventually expunge the records associated with his or her arrest and prosecution.
Are you looking for the best DUI lawyer in Tampa Florida? Contact Attorney David C. Hardy.
Tampa Attorney David C. Hardy is a former DUI prosecutor that now represents persons accused of DUI. He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling all types of DUI cases.
If you or a loved one has been arrested for DUI in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, Attorney David C. Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.