THIRD DUI WITHIN TEN YEARS REDUCED TO RECKLESS DRIVING
Herb, who was arrested for DUI after excessive speed, several indicators of impairment and refusing to perform FSTs, refused the breath test. Because of his two prior DUIs, Herb was facing a minimum of four months custody. Prosecutors insisted that Herb plead guilty as charged and accept a heavy jail sentence.
Dan set the case for trial and filed motions to suppress and dismiss. Before they were heard, Dan was able to persuade the prosecutor to reduce the DUI charge to Reckless Driving based on problems with the State's case. Rather than a DUI conviction and lengthy jail sentence, H.H. was able to serve home detention, avoiding a DUI conviction and jail time completely.
Practice area(s): Criminal Defense, DUI / DWI