Florida DUI Attorney Manny Serra from the Rossen Law Firm explains why a plea deal for reckless driving is like a major win when charged with a DUI. You can't expunge drinking and driving from your record, but you can expunge a reckless driving charge.
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If you are convicted for drunk driving, you will be required to begin carrying F.R. 44 insurance. This insurance is very expensive and is needed to meet car insurance requirements. This alone can cost between $15-25k.
Additionally, there is no "withhold of adjudication" for the crime of driving under the influence. This means if you are convicted for a DUI offense, you must report it on any formal document that asks if you have a criminal record or have ever been convicted of an offense.
For certain offenses, you can be given a withhold of adjudication. In those cases, you can have your criminal record expunged of that offense.
Reckless driving is an example of an offense that qualifies for a withhold of adjudication. This makes it a much better outcome of a DUI case.
Moreover, you cannot seal or expunge your record if found guilty of DUI. Reckless driving, on the other hand, can be sealed and expunged from your record.
One of the biggest wins one would want out of his or her criminal case would be having the ability to remove the event from their record to make it as if it never happened. The goal is ultimately to put the nightmare behind oneself.
Resolving a DUI case by taking a reckless driving plea that has a withhold of adjudication would allow you to have the incident sealed or expunged from your record.
Another reason why a reckless driving is a major win for a DUI case is that a reckless driving conviction does not have mandatory statutory conditions in the plea resolution. Conversely, a DUI conviction may require you to complete community service hours, take a driver's license suspension, pay a hefty fine, go to DUI school, install a breathalyzer into your car, etc.
Also, a conviction for reckless driving does not have the same level of negative stigma in society as a DUI charge has. Having a lower charge is always a better outcome than having a higher charge and society at large acts accordingly.
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Why Reckless Driving is a Major Win When Charged with a DUI
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