Guilty pleas are quite common in all kinds of criminal cases. Frequently, even those who claim that police officers or prosecutors made a mistake choose to plead guilty. They do so to avoid the inconvenience and expense of a criminal trial or in the hopes of receiving lower penalties because they cooperate with the state.
Frequently, guilty pleas involve a plea bargain negotiated with the prosecutor’s office. People accused of driving under the influence (DUI) offenses may consider entering a guilty plea in the hopes of a lesser charge or fewer penalties.
Is the negotiation of a plea bargain involving a lesser offense a viable strategy for those facing Mississippi DUI charges?
Could a DUI drop to a reckless driving charge?
In some states, defense attorneys can work with the prosecutor to negotiate a lesser charge as part of the plea bargaining process. Frequently, these arrangements involved the driver pleading guilty to a reckless driving charge, known as a wet reckless offense. Drivers still face penalties for their choices, and prosecutors can maintain a high conviction rate.
The driver does not have the consequences that come from a drunk driving conviction on their record. The penalties the courts may impose are also theoretically lower. A first DUI is a misdemeanor offense, as is a reckless driving charge.
The penalties for a first reckless driving conviction are relatively low. The penalties could include between $5 and $100 in fines. While jail time is possible, it is rare for first offenses. The penalties for a first DUI are more serious. The driver likely has to serve a minimum of 48 hours in jail and could pay up to $1,000 in fines. They are typically also subject to a driver’s license suspension lasting between 90 days and a year.
Unfortunately, a plea arrangement involving a lesser offense is generally not an option in Mississippi. The state does not allow for reduced charges in a drunk driving scenario. Instead, defendants may need to look at their other defense options, such as questioning the legitimacy of a traffic stop or providing an explanation for why they may have failed a chemical test.
Knowing the options when responding to DUI charges can help people limit their losses. DUI defendants may need help determining the most effective way to respond to the charges that they face, and that’s okay.
