Picture this, you’re driving down the road at night, and out of nowhere, police lights turn on behind you. The officer approaches your window and says that you have burnt out tag light. He proceeds to question you and brings up the possibility of you driving under the influence. You may have had a drink earlier, but you know you’re not drunk. You take a breathalyzer test, and the results show that you are just over the legal limit. You are then arrested, booked, and charged with a DUI.
Situations like this often happen, leaving the accused feeling helpless as they have “failed” a breathalyzer test but that is not the end all be all. Prosecutors need a solid case to get a conviction and factors like the arresting officer taking a low breath sample and you not exhibiting dangerous driving behaviors can work in your favor. The Orlando DUI lawyer乐福彩票网s at The Umansky Law Firm can review your case and explore the possibility of a dry reckless plea.
Understanding the Dry Reckless Plea
Put simply, a dry reckless is reckless driving without alcohol involved. It is a plea that the prosecution can offer for DUI charges as a deterrent to the defense taking the case to trial.
Prosecutors often offer the dry reckless plea in instances when they believe that their charges won’t stand in court due to varying factors like a faulty testing device or improper conduct by the arresting officer. Some other testing issues that may incline a prosecutor to offer a dry reckless plea include:
- The officer did not fully observe the defendant for 20 minutes before testing.
- Lack of probable cause to arrest the defendant
- The defendant wasn’t advised of his rights
- Evidence of the individual being under the influence is insufficient
- The defendant vomited before taking the breath test
- The breathalyzer was improperly calibrated
In other instances, the DUI defense lawyer乐福彩票网 must engage in negotiation with the State to make a dry reckless plea a viable option.
Advantages of a Dry Reckless Over a Wet Reckless
Although a dry reckless plea is highly beneficial, prosecutors also have the choice of offering a wet reckless plea. This is more often presented as a plea option than dry reckless. Prosecutors prefer this to a dry reckless because although it is not an actual offense, the notion that drugs or alcohol was involved remains. However, a dry reckless is more favorable than a wet reckless plea for you due to the numerous penalties you avoid. Some of teh top advantages include:
- Accepting a dry reckless will not show up as a prior offense in the event of a second DUI conviction
- Insurance providers will not consider a dry reckless as an alcohol-related infraction
- Your license will not be affected for accepting a dry reckless plea bargain
These advantages are in addition to those in comparison to a DUI conviction. With a dry reckless, there’ll be lower fines, shorter jail sentence (if any), and no mandatory participation in DUI classes among many other benefits than if you plead guilty to a DUI. However, achieving these goals is more likely to occur with the help of a DUI lawyer乐福彩票网.
Orlando DUI Defense Lawyers
The Orlando DUI defense lawyer乐福彩票网s at The Umansky Law Firm have over 100 years of combined experience and are former state and local prosecutors. We’ve helped numerous individuals charged with DUIs mitigate charges by taking cases to trial and engaging in negotiations with the State to make favorable plea bargains available. Allow us to do the same for you. Contact us today at 407-228-3838 for a free case evaluation.