A DUI charge can be reduced to a less serious offense by the prosecutor. The real question is not, “can it?”, but “will it?”
The best chance to have a DUI reduced is to have a strong defense. The more concerned the prosecutor is that they will lose, the more likely it will be that the DUI charge is amended to a lesser offense.
The weaknesses in the state’s case may appear during the discovery phase. The discovery phase is the portion of the case where the prosecutor provides us with the evidence, which we review. It may appear as a procedural error by the police or may be that the client performed the field tests quite well.
Sometimes the reduction comes in the middle of a motion hearing. Just this week, I was in a motion to suppress hearing cross examining a police officer. After I was able to extract some very damaging testimony from the officer, the Judge called a side-bar conference.
At the side-bar, the prosecutor offered to reduce the charge. My client started with a DUI prosecution and ended up with a $100 fine and no DUI conviction or driver’s license suspension. Each case is different, but a thorough review of the evidence and an aggressive defense is almost always the best approach to defending a DUI.
If you or a family member have been arrested on DUI in the Greater Cincinnati area and need assistance with an upcoming court appearance in Butler, Clermont, Hamilton or Warren Counties, give us a call 24-hours a day at 513.333.0014 for affordable and professional help.