DUI Reduced to Reckless Driving with Adjudication Withheld
August 2014
Another DUI reduced to Reckless Driving with adjudication withheld. We have been asked what this means. Under Florida law, if your adjudication is withheld, you aren't actually convicted. More important, you can get your case "sealed" and removed from public view. A reduction to Reckless Driving with adjudication withheld is essentially a guarantee that, once the fines and costs are paid, all record of the case will go away.
We would sometimes rather take a case to trial, and get a clear victory. But it is the client's needs that are paramount. The practical effect of a withheld adjudication is a guarantee of a good result, and there are no guarantees with jury trials. So, often, the best practical result is to take the deal and "cop a plea."
That said, prosecutors will not offer a reduction to Reckless Driving on just any case. There has to be a weakness in the case, and the State Attorney's Office has to know that the defense lawyer is aware of the weakness. If your lawyer just dabbles in DUI defense, the state may not offer their best deal.
Practice area(s): DUI / DWI
Court: Sarasota County