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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4502
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I got a DUI Saturday morning at 1am.I was not speeding, for

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I got a DUI Saturday morning at 1am.I was not speeding, for I was in a construction zone, two lanes. I noticed the red and blues of police cars ahead of me, I assumed they were pulled off the road.I was eating my drive through snack and reaching for my phone when I noticed they were in my lane, so I swerved to miss them.He said for the swerve. He asked if I had anything to drink that night(three beers in 5 hours, weight 135)He then didn't require my insurance or registration, or he forgot He asked if I would consent to a field sobriety test. I agreed.Not to the bloodtest though. During the eye process, I told him the wind was making my eyes water.He talked with his partner and she cameto do it, did the leg raise test shoe slipped and I automatically put my foot down,I didn't hear all of his directions on the heel toe, had to repeat but did fine I think.I was then arrested, went 2 jail Can I get this reduced to reckless?When he took me to jail he blew through a redlight. No priors.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 7 years ago.
Hello.

It is possible. It is really up to the prosecutor and what they think they can prove. Without a breath test, it is more difficult to get a conviction, so the prosecutor may be willing to work out a plea deal with you. Your best bet is to hire an attorney or apply for the public defender to try to work out the best plea bargain possible when you go in for your next court appearance. If the lawyer can't reduce it to reckless s/he can try to at least get a good sentence out of it, or can help you challenge it at trial if you do not wish to accept the prosecution's offer.
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