Central Florida – Volusia DUI Lawyers Whittel & Melton :: City Official Pleads Down DUI Charge
October 21, 2011
The DeBary, Florida assistant city manager arrested for DUI on June 3 pleaded no contest to Reckless Driving in court on Thursday.
The 36-year-old was charged with DUI, but through an agreement with prosecutors a plea to a less-serious charge of Reckless Driving was offered.
According to the Daytona Beach News-Journal, the woman was waived from additional sanctions like 50 hours of community service and probation because she is heavily involved in community projects and completed an alcohol safety course on her own.
The woman will keep her position with the city, according to the city manager of DeBary.
According to a Florida Highway Patrol report, the woman passed a trooper around midnight traveling at 90 mph when she changed lanes and ran off the road. When she was stopped she allegedly admitted to the officer she had a good amount to drink and supposedly fell during her sobriety tests.
A plea bargain for a DUI, like in this case, is a deal made with the prosecution where a defendant pleads either guilty or no contest to a lesser offense in exchange for a less severe punishment. When the defendant accepts the plea, he or she gives up the right to trial for the original crime. For those who do not wish to gamble with the outcome of a trail, a DUI plea bargain for a lesser offense may be an attractive alternative to the possible consequences associated with a DUI conviction.
Depending upon the circumstances, sometimes prosecutors in Florida will accept a plea bargain of “wet reckless.” “Wet Reckless,” also known as Reckless Driving involving alcohol, is usually the negotiated result of a DUI charge reduced to a case of Reckless Driving. A plea bargain of this kind can often be arranged when the amount of alcohol in the person’s system is borderline illegal, there was no accident or property damage and the accused has no previous record.
DUI charges that are amended by the prosecution to Reckless Driving often carry DUI type penalties, including attendance of DUI School, fines, alcohol evaluations and community service. However, the accused does not suffer the social ramifications and stigmas of a DUI conviction.
Every DUI case is unique. The Florida DUI Defense Attorneys at Whittel & Melton can review your case and determine if your case could be a good candidate for reduced charges, like Reckless Driving. After a free consultation our attorneys can examine the following aspects:
- Whether your vehicle was stopped based on signs indicating impairment
- If an accident occurred resulting in property damage or personal injury
- Field sobriety test performance
- Whether alcoholic beverage containers were found in the vehicle
- Whether or not law enforcement requested a blood, breath or urine test and if the accused refused or complied
- The results of any blood, breath or urine test
- The amount of time elapsed from the time of driving to the time of testing
The above factors can all be key indicators of whether or not you may be able to plead down your DUI charge. By contacting Whittel & Melton immediately following your DUI arrest, we can investigate all aspects of your case and uncover any evidence that could be useful in getting your charges reduced or dismissed entirely.
If you have been charged with a DUI in Volusia County or throughout the state of Florida, contact the Florida Criminal-DUI Defense Lawyers at the Law Offices of Whittel & Melton, LLC online or reach us at our Ocala consultation office at 352-369-5334 or dial us toll-free at 1-866-608-5LAW (5529).