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  1. #1
    Join Date
    Jul 2010
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    2

    Default Reckless Driving (Reduced DUI) in Georgia

    My question involves a reckless driving ticket from the State of: Georgia.

    I am currently being represented by an attorney but would like a second opinion on my possible options before making any commitments. I'll begin by explaining the circumstances in detail. Please note that the following has already been reduced to Reckless Driving, and I am being offered a plea deal of ~1 week of jail, and everything else that typically comes with a DUI conviction (probation, counseling, community service, fines, etc.), but with no license suspension. This case is a bit complex and so I won't spare any of the details - regarding either the incident or my thoughts and frustrations - with the hopes that it will allow a more concise answer.

    Some history: My driving record does include one DUI from ~9 years ago when I was under 18 years old and blew a BAC of .041. The following account is of my only violation since my license was reinstated after that offense. Also, I have been referred to in the past by others as "honest to a fault", which I believe to be especially true in this case.

    I was pulled over just over one year ago by an officer (henceforth referred to as Officer 1) at a very late time of night. I was asked if I had been drinking and I replied, "Yes; I had 24oz. of beer just over an hour ago." Another officer (Officer 2) arrived on the scene and read to me my implied consent rights. I refused all onsite testing and also refused the Intoxilyzer. Officer 2 then placed me under arrest and issued me four tickets: DUI Less Safe, Speeding - 51/35. Speeding - 50/25, and Failure to Maintain Lane. The description for all of the civil traffic infractions was "Witnessed by Officer 1". Officer 1 states that my speed was detected by pacing my vehicle with the patrol car.

    Upon filing a motion for Discovery, the only video evidence surrendered was of me being read my implied consent rights and refusing all testing without any slurring of my speech or faltering of my stance. No video evidence exists of my vehicle supposedly committing any of the traffic infractions I was cited for. The police report filed by Officer 1 is filled with excruciating minutia including other infractions I supposedly committed but was not issued a ticket for (failure to use turn signals, striking a curb, making a ~125 degree turn at speeds high enough to make my tires "screech", among others). Personally, I feel as though the excessive issuance of tickets and details in the report may be a retaliation for failing to cooperate with the officer's requests.

    To sum it up, I was arrested for DUI Less Safe and three other tickets not witnessed by Officer 2, but issued only on the hearsay of Officer 1. When the audio on the tape was professionally enhanced to clarify the static-filled, barely audible speech between both officers while off-camera, Officer 1 states that when I was asked if I knew I was speeding, I replied "Yeah." This is absolutely not true but, due to a lack of video or audio from Officer 1's vehicle, I am unable to prove this, or any other statement as false. Another statement made by Officer 1 towards Officer 2 is: "I wouldn't have pulled (defendant) over if (defendant) wasn't haulin' _expletive_." Note that I received no ticket for speeding within a mile of the location Officer 1 indicates they began following me for this reason. I do insist that if I was, in fact, speeding, which isn't impossible, it was nowhere near the rate of speed I received tickets for (driving at those speeds on some of the roads in question would definitely be reckless).

    The prosecution reduced the DUI to a charge of Reckless Driving citing lack of evidence, which is a good start, but I'm not fully satisfied; I know that I was NOT driving with a reckless disregard for the safety of people or property, and if I do happen to be unknowingly guilty of any of the infractions I received tickets for, I should be charged at most with the appropriate civil infraction. Aside from speed limits, the police report filed by Officer 1 shows no indication that I failed to obey any other traffic signals. I can also say with near certainty that Officer 1 was not following me for as long as indicated in the report (almost two miles) unless they were driving without headlights, as I immediately realized I was being tailgated by a vehicle near the last 1/4 mile of being followed.

    I'm only considering the plea deal because I'm concerned that, if convicted, I could be made to serve in excess of the what the plea details (~1 week). Also, with a jury asked to consider bias, the lack of video evidence leaves my word on the stand against Officer 1's, and with the vague and subjective definition of Reckless Driving, I feel as though I have no defense against the allegations. I'm also afraid that the prosecution may try to bring back the DUI if I decide to proceed with a trial, and while I was given the option of complying with Implied Consent, my response to the option, logically, implies that I had something to hide. Please note that either Officer 2 or the police station failed to file the paperwork for my administrative suspension due to violating implied consent, and so my license is still intact.

    My questions are: Is there any way I can take this case to a trial and win, or even have the already reduced charge reduced again to a civil infraction like speeding? Would it be possible for the prosecution to bring the DUI back into focus at a trial considering it has already been reduced? With the lack of video evidence concerning the moving infractions, is there any way my word could hold up against Officer 1's at trial? Is there any way that I can guarantee that if I take it to trial and am still convicted that I won't have to serve more than stated in the plea? I truly don't want to plead guilty to a charge I know I am not guilty of for the sole reason of protecting myself from a second DUI charge and jail time in excess of what is stated in the plea (my life would be irreparable if I were to serve more than ~1 week).

    Thank you in advance to those of you who decide to help me with my situation by responding with any advice you may have. I deeply appreciate it.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Reckless Driving (Reduced DUI) in Georgia

    If you're being offered a decent deal, believe your defense at trial will be discounted by a jury, and believe you have a substantial chance of being convicted of a more serious charge, you're pretty much telling us that you think you should take the deal. You don't get to bring up the plea deal you rejected at trial. The prosecutor cannot be expected to agree to the same sentence if you force a trial.

    If you want to know your chances of winning at trial based upon the full facts and evidence, that's an assessment that really nees to come from your lawyer.

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Reckless Driving (Reduced DUI) in Georgia

    Thank you so much for your reply!

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