Can I get my 4th degree DWI changed to a wreckles driving on my record?
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Can I get my 4th degree DWI changed to a wreckles driving on my record?
Approximately 2 months ago I went through a red light and then a stop sign. When they pulled me over, I blew a .11 on the breathalizer. How likely is it I can get it talked down to a wreckless driving on my record?
Asked on February 12, 2012 under Criminal Law, Minnesota
Answers:
Russ Pietryga / Pietryga Law Office
Answered 12 years ago | Contributor
A prosecutor has the discretion to reduce a charge to whatever he wants. That said, it has been my experience, that with a bac of .11 he should allow you to plea to a reduced charge. Most states call this an alcohol related reckless, not a reckless driving. The elements are different.
However, an alcohol related reckless is usually quite similar to a DUI. Meaning, that it can still be used to enhance a subsequent DUI charge if it occures within the next ten years.
Hope this helps.
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