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Reckless driving and DUI or DWI offenses are separate crimes. Reckless driving isn't a lesser-included offense of DUI or DWI because each crime is separate and distinct and can be proved by different evidence. Reckless driving involves how a vehicle was being operated; it isn't necessary to show that the driver used drugs or alcohol to prove a violation of a reckless driving law. In a prosecution for DUI or DWI, on the other hand, how the vehicle was being operated might tend to show that the driver was impaired, but it's not a necessary ingredient of the offense. In deciding a reckless driving case, a court weighs the nature and degree of risk disregarded by the driver, the nature and purpose of his actions and the circumstances known to the driver while he was driving. The prosecution must show more than the driver's simple, gross or criminal negligence in proving reckless driving. Nevertheless, a driver who gets behind the wheel and drives knowing that he or she is intoxicated or drunk and that his or her physical condition is impaired might be found guilty of reckless driving.

DUI Lawyers

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Posted

Its better ur fighting to reduce the charge from DUI to Reckless Endangerment than to fight a 2nd Degree Murder to a Manslaughter charge... Dumb but this may make you stronger. Be thankful ur alive and others are too. No one else paid for ur mistake. Good luck...

Posted

Old topic, I'm sure it's over and done with by now... However.

Spilling your beer is a mistake. Driving, at a high rate of speed, while intoxicated - by any measure - is a decision, not a mistake. I strongly disagree with anyone plea bargaining a DUI. You do it, you pay for it, and don't do it again. People die, every day b/c of DUI, punishment may save another life down the road.. The first life (and possibly countless others) was saved, when the officer intervened.

This thread is quite old. Please consider starting a new thread rather than reviving this one.

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