Reckless Driving in Michigan: How to Get a DUI Dropped to Reckless Driving. In addition to possible jail time, probation, fines and costs, the collateral consequences of a DUI can be severe. Some examples of collateral consequences include:
- Loss of professional licensing,
- Loss of a driver’s license, and
- The inability to enter into countries, including Canada.
Because of this, you may need to try to get the DUI dismissed and plead to Reckless Driving instead.
The prosecuting attorneys are not in the business of dismissing DUIs. Therefore, getting it dropped to a Reckless Driving charge requires compelling circumstances. A strong legal defense or a substantial personal hardship comprises these “compelling circumstances.”
Dropping a DUI to Reckless Driving
A strong legal defense makes the prosecutors work harder and puts them at risk of losing their case altogether. Because of this, a strong legal defense may compel a prosecuting attorney to reduce the DUI to Reckless Driving instead. Some legal defenses are constitutional, such as the officer lacking probable cause to stop the vehicle and/or lacking probable cause to arrest.
Other legal defenses challenge the purported evidence in the case, such as the validity or reliability of a blood alcohol test, breath alcohol test, or field sobriety tests. Recognizing and successfully using these defenses requires specialized knowledge and experience that only lawyers trained in breath, blood and field sobriety testing can beat.
How to Get a Plea
Every person arrested for DUI is facing some type of personal hardship. However, some hardships are greater than others and may be eligible for special consideration from the prosecutor. These types of substantial and compelling circumstances include:
- The loss of the ability to work due to losing professional licensing,
- Losing a driver’s license or
- Losing the ability to travel, if that is a work requirement.
In these situations, you want to provide the prosecuting attorney with detailed personal information that compels the prosecutor to examine the overall equities in the case and to consider making an offer that normally would not typically happen in a DUI case, such as reckless driving in Michigan.
Attorney Morris has enjoyed a very successful and distinguished career as a trial lawyer providing high quality legal representation in the area of state and federal criminal defense for 20 years. He is known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he is dedicated to attaining justice in every case, and is prepared to take on complex legal issues with success. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He is also an active member of the National Association of Criminal Defense Attorneys and has also graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris was chosen as a Top Lawyer of Metro Detroit for 2012, 2013, 2014, 2019 and 2020 for DUI/DWI and criminal defense by DBusiness Magazine and Hour Magazine. Barton Morris was also chosen as a Super Lawyer in Criminal Defense for 2014-2020 and Barton Morris is the only Lawyer in Michigan designated by the American Chemical Society as a “Forensic Lawyer-Scientist”