DUIs are complicated, you will definitely want a lawyer to guide you through the process. Often, depending on the facts and circumstances of your case, we can get these reduced to less serious offenses, such as Reckless Driving or Negligent Driving in the First Degree. In some cases, you may have a triable case depending on the nature of the stop, the investigation, the breath or blood test, and any evidentiary issues.
Reckless Driving means to knowingly drive in a manner putting others at risk that is a gross deviation from how a reasonable person would drive. Sometimes this charge can be reduced to a simple traffic ticket. Depending on your facts, we may be able to successfully argue to a jury that the nature of your driving, given the circumstances, was not that out of the ordinary.
Negligent Driving is split up into two categories, first and second degrees. First degree involves some minimal evidence of having consumed a drug while second degree does not. First degree is a crime while second degree is not. To drive negligently means to put others at risk by driving in a way that a reasonable driver would not or to fail to drive in a way that a reasonable driver would.
Hit and Run
Hit and Run is split up between Attended (occupied vehicle) and Unattended (unoccupied vehicle) or Property Damage. Hit and Run means to knowingly fail to remain and exchange information at the scene of a traffic collision. Attended results in license suspension while unattended does not. Sometimes people legitimately did not know they bumper tapped another car in a parking lot. And sometimes the lack of damage, among other arguments, could result in an acquittal.
Driving While Suspended
There are three levels of license suspension, each involving distinct penalties and potential licensing consequences. These are difficult trial cases but there are many ways to have these dropped or reduced to simple traffic tickets short of trial. It is important to get a lawyer to explore all options because the penalties for driving while suspended can be severe, especially on a probation violation.
Ignition Interlock Violation
When you get a DUI, the Department of Licensing will require that you install an ignition interlock device in any vehicle that you drive for a certain period of time. Someone required to install the device but drove without one could face stiff penalties, especially on a probation violation.