Hill Firm

Blog

Your top of mind legal questions, answered.

Pleading To A Lesser Charge After A Nevada DUI

Original 1.Nov Hill.jpg

When facing a DUI charge, many people wonder if they may be able to plead to something less severe than a DUI. They hope perhaps somehow the case can be resolved or reduced without going to trial.

In many situations, plea bargaining is a definite possibility. Here are a few tips about how your charge might be negotiated: 

Reckless Driving

There may be a chance to plead to reckless driving in a DUI case. A reckless driving conviction has much lower penalties than a DUI conviction.

Many times, the prosecutor will agree to a reckless driving plea deal because there are certain “weaknesses” in their case, such as not performing tests properly, waiting too long to perform tests, or not completing paperwork properly.

Attorneys are trained to identify legal weaknesses in DUI cases, so it’s always recommended that you talk to an attorney about your case. 

When To Expect A Plea Bargain

The prosecutor will offer a potential plea negotiation at some time before the trial date in your DUI case.

It will ordinarily happen after everyone has had an opportunity to review and discuss all of the paperwork submitted by the police to make sure the arrest and charges comply with all the laws.

Sometimes a defense lawyer will have to convince the prosecutor of certain weaknesses in the case before a plea deal is offered. 

The Benefits Of A Reckless Driving Plea 

There can be benefits to accepting a plea negotiation instead of taking a DUI case to trial. One of the largest benefits is the penalties for reckless driving are much less severe than for a DUI conviction.

Sometimes, a DUI will come with jail time. However, reckless driving will rarely require jail time. The consequences for car insurance can also be less severe with a reckless driving instead of a DUI on record.

Furthermore, it is easier to get reckless driving charges off a criminal record, usually within two years instead of seven years for a DUI. Finally, employers might look less favorably on a DUI charge than a reckless driving charge. 

Can The DUI Charge Be Fought?

One always has the right to take their DUI case to trial, even if the prosecutor offers a plea bargain. Only the defendant can decide to plead to a lesser charge to resolve their case.

In most cases, if it goes to trial, a judge will decide the case instead of a jury because a DUI charge is usually a misdemeanor.

An experienced attorney will be able to advise about the strengths and weaknesses of a DUI case, and the pros and cons of accepting or rejecting any plea offers. An experienced attorney will also be able to take the case to trial if the defendant chooses to reject a plea. 

Contact Us Today

If you have been arrested for a DUI in Las Vegas, let Hill Firm review your case and defend you. We can meet with you to discuss your rights and all your possible defenses and options. Contact us for your free consultation today at (702) 848-5000

Dan Hill