The prospect of having a DUI on their driving record can leave a driver worried. People have plenty of reasons to try to argue such charges down, if possible. You might wonder, though, whether you'll be able to enter a plea agreement. Let's look at this issue the way a DUI lawyer might.
First-Time Offender
Generally, the folks with the best chances of bargaining a case down to a lesser charge are first-time offenders. If you don't have a record, you might be able to enter a diversion program. Some prosecutors will offer lesser charges if a defendant agrees to enter into drug and alcohol counseling. These arrangements are contingent on complying with the court's instructions and following through with all of the steps of the program.
Once the process is finished, the prosecutor will submit a request to the court to fulfill the agreement. If the defendant fails to follow the program, then the full force of the worst charges comes into effect.
Weak Cases
Another reason you might be able to plead to a lesser charge is if the prosecution has a somewhat weak case. You'll have a chance to see the prosecution's evidence during the discovery phase if you demand a trial. During this process, you might find, for example, that the police didn't conduct the traffic stop perfectly to the letter. Rather than fighting it out, the prosecution might settle for a win by offering a lesser charge, such as endangerment or reckless driving.
A Complex Case
Some cases call for a lot of laboratory work, and they may even require the prosecution to bring in expert witnesses. For example, there might be questions about how a particular controlled substance affects the human body or whether it qualifies as an illicit drug. Prosecutors may not be wild about the expenses associated with such cases, and one might offer you a plea deal to avoid the costs of trying to prove your guilt.
Prosecutorial Temperament
A DUI attorney doesn't have much control over how hard a prosecutor will push a case. However, they generally know who is willing to put up a fight and who wants to get a conviction on the books. Prosecutors aren't obligated to offer deals, even if defendants are happy to take them and save the court's time. It's a good idea to work with a DUI lawyer who knows the local prosecutors and judges so they can advise you about who might be willing to negotiate.
For more information about consulting with a DUI lawyer, contact a local law office.
Share20 October 2020
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