What Is The Reckless Diversion Program And Are You Eligible For It?

Some prosecution offices have started diversion programs for first-time DUI offenders. This means that if a person has no prior criminal record, they may be eligible to have the charge of DUI plead down to the lesser charge of Reckless Driving. There are other factors that the prosecution investigates to determine whether to offer a person a diversion program. The prosecutors will examine how high the breath test was and whether there was a crash. Sometimes, a prosecutor is on the fence when deciding to offer diversion. Other times, a prosecutor will not offer diversion initially. A DUI lawyer can bring up issues in the case to the prosecutor’s attention to convince them to break the case down from a DUI to Reckless Driving.

What’s The Difference Between A Dui And Reckless Driving?

Both are criminal offenses, but Reckless Driving is only punishable by a maximum of three (3) months in jail and a maximum $500.00 fine. Another difference is that Reckless Driving does not require a mandatory conviction pursuant to statute like a DUI does. This is an important difference because if a conviction is avoided, it may be possible to expunge the case. Additionally, a DUI is an enhancement-based crime. In other words, the more DUI convictions a person receives, the more severe the penalties a person faces. Reckless Driving penalties do not increase for the more Reckless Driving convictions a person receives.