DUI Reduced to "Dry" Reckless with Adjudication Withheld.
Sometimes, we get a case in that we would love to take to trial. But it's not our case. The decision on whether to go to trial belongs wholly to our client. In the case we resolved today, we were headed for trial. Tom was looking forward to trying the case (or at least working the case up for trial so that the State would dismiss it on the day of jury selection.)
In this case, there was low breath sample. There was no bad driving. The only reason that the driver was stopped was because of a burnt out tag light. It seemed like a great case to try. But that decision is not ours to make. The prosecutor gave us a new plea offer a few days ago. A "dry" reckless driving (that is, no alcohol involved) with adjudication withheld. In other words, our client can get the arrest and the court case off of his record as soon as he finishes his penalty--in this case, paying the court costs.
To our client, it was an easy decision. Even though we would probably win at trial, the stress of a trial by itself is difficult for some people. So he decided to resolve the case without a conviction and without any fines or other penalties.
Can't say it was the wrong decision.
Practice area(s): DUI / DWI
Court: Sarasota County Court-Venice Branch